Certain Steel Nails From the People's Republic of China: Final Results and Final Partial Rescission of the Second Antidumping Duty Administrative Review, 12556-12559 [2012-4877]
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Final Results and
Final Partial Rescission of the Second
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 12, 2011, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the second
administrative review of the
antidumping duty order on certain steel
nails (‘‘steel nails’’) from the People’s
Republic of China (‘‘PRC’’).1 We gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments and information received, we
made changes to the margin calculations
for the final results of this review. The
final weighted-average margins are
listed below in the ‘‘Final Results of the
Review’’ section of this notice. The
period of review (‘‘POR’’) is August 1,
2009, through July 31, 2010.
DATES: Effective Date: March 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Alexis Polovina, Javier Barrientos, or
Ricardo Martinez Rivera, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3927, (202) 482–
2243, or (202) 482–4532, respectively.
AGENCY:
Case History
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On September 12, 2011, the
Department published in the Federal
Register the Preliminary Results.
Thereafter, on September 12, and 14,
2011, we issued questionnaires directly
to unaffiliated suppliers in order to
obtain certain factors of production
(‘‘FOP’’) data. Between October 11,
2011, and November 9, 2011, we
received case and rebuttal briefs from
the petitioner,2 the mandatory
respondents,3 and other interested
1 See Certain Steel Nails From the People’s
Republic of China: Preliminary Results and
Preliminary Rescission, in Part, of the Antidumping
Duty Administrative Review and Preliminary Intent
To Rescind New Shipper Review, 76 FR 56147
(September 12, 2011) (‘‘Preliminary Results’’).
2 Mid Continent Nail Corporation (‘‘Petitioner’’).
3 The Stanley Works (Langfang) Fastening
Systems Co., Ltd. (‘‘Stanley (Langfang)’’) and
Stanley Black & Decker, Inc. (‘‘The Stanley
Works’’)/Stanley Fastening Systems, LP
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parties 4 in this administrative review.
On December 5, 2011, the Department
rescinded the new shipper review
aligned with this administrative
review.5 Between January 12, 2012, and
February 1, 2012, counsel for certain
interested parties met with Department
officials to discuss issues raised in their
case and rebuttal briefs.6 On December
7, 2011, the Department extended the
final results to February 9, 2012.7 On
February 7, 2012, the Department
extended the final results to February
23, 2012.8
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the ‘‘Certain Steel Nails from the
People’s Republic of China: Issues and
Decision Memorandum for the Final
Results of the Second Antidumping
(collectively ‘‘Stanley’’); Tianjin Jinchi Metal
Products Co., Ltd. (‘‘Jinchi’’); and Tianjin Jinghai
County Hongli Industry & Business Co. (‘‘Hongli’’).
4 Zhejiang Gem-Chun Hardware Accessory Co.,
Ltd. Additionally, the following companies filed
combined case briefs with two of the mandatory
respondents, Jinchi and Hongli: Itochu Building
Products Co., Inc., Certified Products International
Inc., Chiieh Yungs Metal Ind. Corp., Huanghua
Jinhai Hardware Products Co., Ltd., Co., Ltd.,
Shangdong Dinglong Import & Export Co., Ltd.,
Tianjin Zhonglian Metals Ware Co., Ltd., Hengshui
Mingyao Hardware & Mesh Products Co., Ltd.,
Huanghua Xionghua Hardware Products Co., Ltd.,
Shanghai Jade Shuttle Hardware Tools Co., Ltd.,
Shanghai Yueda Nails Industry Co., Ltd., Shanxi
Tianli Industries Co., Ltd., China Staple Enterprise
(Tianjin) Co., Ltd., Qidong Liang Chyuan Metal
Industry Co., Ltd., Romp (Tianjin) Hardware Co.,
Ltd., CYM (Nanjing) Ningquan Nail Manufacture
Co., Ltd. a.k.a. CYM (Nanjing), Nail Manufacture
Co., Ltd., Shanxi Pioneer Hardware Industrial Co.,
Ltd. and Mingguang Abundant Hardware
Productions Co., Ltd.
5 See Certain Steel Nails from the People’s
Republic of China: Final Rescission of Antidumping
Duty New Shipper Review, 76 FR 75871 (December
5, 2011).
6 See Memorandum to the File, From Alexis
Polovina, Senior Case Analyst, 2nd Administrative
Review of Certain Steel Nails from the People’s
Republic of China: Ex Parte Meeting with Counsel
to Petitioner, dated January 13, 2012; Memorandum
to the File, From Alexis Polovina, Senior Case
Analyst, 2nd Administrative Review of Certain
Steel Nails from the People’s Republic of China:
Meeting with Counsel, dated January 17, 2012;
Memorandum to the File, From Alexis Polovina,
Senior case Analyst, 2nd Administrative Review of
Certain Steel Nails form the People’s Republic of
China: Ex Parte Meeting with Counsel to
Respondent, dated January 20, 2012; and
Memorandum to the File, From Alexis Polovina,
Senior Case Analyst, 2nd Administrative Review of
Certain Steel Nails from the People’s Republic of
China: Ex Parte Meeting with Interested Parties,
dated February 6, 2012.
7 See Certain Steel Nails From the People’s
Republic of China: Extension of Time Limit for the
Final Results of the Second Antidumping Duty
Administrative Review 76 FR 77205 (December 7,
2011).
8 See Certain Steel Nails From the People’s
Republic of China: Extension of Time Limit for the
Final Results of the Second Antidumping Duty
Administrative Review, 77 FR 8808 (February 15,
2012).
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Duty Administrative Review,’’ dated
concurrently with this notice (‘‘Issues
and Decision Memorandum’’), which is
hereby adopted by this notice. A list of
the issues which parties raised is
attached to this notice as an Appendix.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendation in
this public memorandum which is on
file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
(‘‘CRU’’) of the main Commerce
Building, Room 7046. In addition, a
complete version of the Issues and
Decision Memorandum is accessible on
the Web at https://ia.ita.doc.gov/frn. The
paper copy and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Final Partial Rescission of
Administrative Review
In the Preliminary Results, the
Department announced its intent to
rescind the review with respect to
certain companies 9 that certified they
made no shipments of subject
merchandise during the POR.10 For the
final results, we continue to find that
these companies did not make
shipments during the POR. Thus, in
accordance with 19 CFR 351.213(d)(3),
and consistent with our practice,11 we
are rescinding this review with respect
to these companies.
Changes Since the Preliminary Results
Based on a review of the record, as
well as comments received from parties
9 Those companies are: (1) Beijing Hongsheng
Metal Co., Ltd.; (2) Besco Machinery Industry
(Zhejiang) Co., Ltd.; (3) Certified Products
International Inc. (‘‘CPI’’); (4) Chiieh Yung Metal
Ind. Corp.; (5) China Staple Enterprise (Tianjin) Co.,
Ltd.; (6) CYM (Nanjing) Nail Manufacture Co., Ltd.;
(7) Jining Huarong Hardware Products Co., Ltd.; (8)
Nanjing Yuechang Hardware Products Co., Ltd.; (9)
PT Enterprise Inc.; (10) Qidong Liang Chyuan Metal
Industry Co., Ltd.; (11) Shanghai Tengyu Hardware
Tools Co., Ltd.; (12) Shanxi Yuci Broad Wire
Products Co., Ltd.; and (13) Zhejiang Gem-Chun
Hardware Accessory Co., Ltd.; (collectively, the ‘‘No
Shipment Respondents’’).
10 See Preliminary Results, 75 FR at 56071–56072;
see also Memorandum to James C. Doyle, Office 9
Director, through Alex Villanueva, Office 9 Program
Manager, from Matthew Renkey, Senior Case
Analyst and Emeka Chukwudebe, Case Analyst,
First Antidumping Duty Administrative Review of
Certain Steel Nails from the Peoples’ Republic of
China (‘‘PRC’’): Partial Rescission of the First
Antidumping Duty Administrative Review, dated
September 7, 2010.
11 See, e.g., Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and
Partial Rescission, 73 FR 15479, 15480 (March 24,
2008).
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regarding our Preliminary Results, we
have made certain changes to the
margin calculations. Specifically, we
have applied partial adverse facts
available (‘‘AFA’’) to one respondent,
Jinchi, as well as changed several
surrogate values used in the Preliminary
Results. For all changes to the
calculations, see the Issues and Decision
Memorandum and company-specific
analysis memoranda. For changes to the
surrogate values, see ‘‘Memorandum to
the File, through Matthew Renkey,
Acting Program Manager, AC/CVD
Operations, Office 9, from Ricardo
Martinez, case analyst, AD/CVD
Operations, Office 9, Second
Antidumping Duty Administrative
Review of Certain Steel Nails from the
People’s Republic of China: Surrogate
Values for the Final Results,’’ dated
concurrently with this notice.
Scope of the Order
The merchandise covered by this
order includes certain steel nails having
a shaft length up to 12 inches. Certain
steel nails include, but are not limited
to, nails made of round wire and nails
that are cut. Certain steel nails may be
of one piece construction or constructed
of two or more pieces. Certain steel nails
may be produced from any type of steel,
and have a variety of finishes, heads,
shanks, point types, shaft lengths and
shaft diameters. Finishes include, but
are not limited to, coating in vinyl, zinc
(galvanized, whether by electroplating
or hot dipping one or more times),
phosphate cement, and paint. Head
styles include, but are not limited to,
flat, projection, cupped, oval, brad,
headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw
threaded, ring shank and fluted shank
styles. Screw-threaded nails subject to
this proceeding are driven using direct
force and not by turning the fastener
using a tool that engages with the head.
Point styles include, but are not limited
to, diamond, blunt, needle, chisel and
no point. Finished nails may be sold in
bulk, or they may be collated into strips
or coils using materials such as plastic,
paper, or wire. Certain steel nails
subject to this order are currently
classified under the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheadings 7317.00.55,
7317.00.65 and 7317.00.75.
Excluded from the scope of this order
are steel roofing nails of all lengths and
diameter, whether collated or in bulk,
and whether or not galvanized. Steel
roofing nails are specifically
enumerated and identified in ASTM
Standard F 1667 (2005 revision) as Type
I, Style 20 nails. Also excluded from the
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scope are the following steel nails: (1)
Non-collated (i.e., hand-driven or bulk),
two-piece steel nails having plastic or
steel washers (caps) already assembled
to the nail, having a bright or galvanized
finish, a ring, fluted or spiral shank, an
actual length of 0.500″ to 8″, inclusive;
and an actual shank diameter of 0.1015″
to 0.166″, inclusive; and an actual
washer or cap diameter of 0.900″ to
1.10″, inclusive; (2) Non-collated (i.e.,
hand-driven or bulk), steel nails having
a bright or galvanized finish, a smooth,
barbed or ringed shank, an actual length
of 0.500″ to 4″, inclusive; an actual
shank diameter of 0.1015″ to 0.166″,
inclusive; and an actual head diameter
of 0.3375″ to 0.500″, inclusive; (3) Wire
collated steel nails, in coils, having a
galvanized finish, a smooth, barbed or
ringed shank, an actual length of 0.500″
to 1.75″, inclusive; an actual shank
diameter of 0.116″ to 0.166″, inclusive;
and an actual head diameter of 0.3375″
to 0.500″, inclusive; and (4) Noncollated (i.e., hand-driven or bulk), steel
nails having a convex head (commonly
known as an umbrella head), a smooth
or spiral shank, a galvanized finish, an
actual length of 1.75″ to 3″, inclusive; an
actual shank diameter of 0.131″ to
0.152″, inclusive; and an actual head
diameter of 0.450″ to 0.813″, inclusive.
Also excluded from the scope of this
order are corrugated nails. A corrugated
nail is made of a small strip of
corrugated steel with sharp points on
one side. Also excluded from the scope
of this order are fasteners suitable for
use in powder-actuated hand tools, not
threaded and threaded, which are
currently classified under HTSUS
7317.00.20 and 7317.00.30. Also
excluded from the scope of this order
are thumb tacks, which are currently
classified under HTSUS 7317.00.10.00.
Also excluded from the scope of this
order are certain brads and finish nails
that are equal to or less than 0.0720
inches in shank diameter, round or
rectangular in cross section, between
0.375 inches and 2.5 inches in length,
and that are collated with adhesive or
polyester film tape backed with a heat
seal adhesive. Also excluded from the
scope of this order are fasteners having
a case hardness greater than or equal to
50 HRC, a carbon content greater than
or equal to 0.5 percent, a round head,
a secondary reduced-diameter raised
head section, a centered shank, and a
smooth symmetrical point, suitable for
use in gas-actuated hand tools. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this order is dispositive.
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Non-Market Economy Treatment
The Department considers the PRC to
be a non-market economy (‘‘NME’’)
country.12 In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as
amended (‘‘Act’’), any determination
that a foreign country is an NME
country shall remain in effect until
revoked by the administering authority.
No party has challenged the designation
of the PRC as an NME country in this
review. Therefore, the Department
continues to treat the PRC as an NME
country for purposes of these final
results.
Surrogate Country
In the Preliminary Results, the
Department stated that it selected India
as the appropriate surrogate country to
use in this administrative review for the
following reasons: (1) It is a significant
producer of comparable merchandise;
(2) it is at a comparable level of
economic development pursuant to
section 773(c)(4) of the Act; and (3) the
Department has reliable data from India
that it can use to value the factors of
production. As no party submitted
additional comments challenging our
selection of the primary surrogate
country, we are continuing to use India
as the surrogate country for the final
results of this administrative review.
Separate Rates
In proceedings involving NME
countries, the Department holds a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate.13
In the Preliminary Results, we
determined that in addition to the
mandatory respondents, the Separate
Rate Applicants 14 also met the criteria
12 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination: Coated Free Sheet Paper from the
People’s Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination
of Sales at Less Than Fair Value: Coated Free Sheet
Paper from the People’s Republic of China, 72 FR
60632 (October 25, 2007).
13 See Notice of Final Determination of Sales at
Less Than Fair Value: Sparklers from the People’s
Republic of China, 56 FR 20588 (May 6, 1991), as
further developed in Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide
from the People’s Republic of China, 59 FR 22585
(May 2, 1994).
14 These companies include: (1) Dezhou Hualude
Hardware Products Co., Ltd.; (2) Hengshui Mingyao
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for separate-rate status. No party
challenged these preliminary separate
rate findings, we therefore continue to
find that mandatory respondents and
Separate Rate Applicants met the
criteria for separate rate status. The
margin assigned to the Separate Rate
Applicants is based on the estimated
weighted-average antidumping margins
established for exporters and producers
individually investigated, excluding
zero and de minimis margins or margins
based entirely on AFA.15
PRC-Wide Rate and PRC-Wide Entity
In the Preliminary Results, because
reviews were requested for several
companies that failed to demonstrate
that they operate free of government
control, the Department determined that
these companies were part of the PRCwide entity. In the most recently
completed review, we assigned a rate of
118.04 percent to the PRC-wide entity.
Since the Preliminary Results, none of
the companies that did not file separate
rate applications or certifications
submitted comments regarding these
findings of government control.
Therefore, we are assigning these
companies the PRC-wide rate of 118.04
percent assigned to the PRC-wide entity
in the most recently completed
administrative review of this
antidumping order.16 The Department is
applying a single antidumping rate, i.e.,
the PRC-wide rate of 118.04 percent, to
all other exporters of subject
merchandise from the PRC because only
the mandatory respondents and
Separate-Rate Applicants have
overcome that presumption that they are
not part of the PRC-wide entity. The
PRC-wide rate applies to all entries of
the merchandise under consideration,
except for those from companies which
have received a separate rate.
Final Results of the Review
The weighted-average dumping
margins for the POR are as follows:
Weighted average
margin
(percent)
Exporter
(1) The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc./Stanley Fastening Systems, LP ...................................................................................................................................................................................
(2) Tianjin Jinghai County Hongli Industry & Business Co. ........................................................................................................
(3) Tianjin Jinchi Metal Products Co., Ltd. ..................................................................................................................................
(4) Dezhou Hualude Hardware Products Co., Ltd. .....................................................................................................................
(5) Hengshui Mingyao Hardware & Mesh Products Co., Ltd. .....................................................................................................
(6) Huanghua Jinhai Hardware Products Co., Ltd. .....................................................................................................................
(7) Huanghua Xionghua Hardware Products Co., Ltd. ...............................................................................................................
(8) Koram Panagene Co., Ltd. ....................................................................................................................................................
(9) Qingdao D & L Group Ltd.Co., Ltd. .......................................................................................................................................
(10) Romp (Tianjin) Hardware Co., Ltd. ......................................................................................................................................
(11) Shandong Dinglong Import & Export Co., Ltd. ....................................................................................................................
(12) Shanghai Curvet Hardware Products Co., Ltd. ...................................................................................................................
(13) Shanghai Jade Shuttle Hardware Tools Co., Ltd. ...............................................................................................................
(14) Shanghai Yueda Nails Industry Co., Ltd. ............................................................................................................................
(15) Shanxi Tianli Industries Co., Ltd. .........................................................................................................................................
(16) Tianjin Lianda Group Co., Ltd. .............................................................................................................................................
(17) Tianjin Universal Machinery Imp & Exp Corporation ...........................................................................................................
(18) Tianjin Zhonglian Metals Ware Co., Ltd. .............................................................................................................................
(19) PRC-wide Entity ...................................................................................................................................................................
3.80
47.76
78.27
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
19.30
118.04
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For
assessment purposes, we calculated
importer (or customer)-specific
assessment rates for merchandise
subject to this review. Where
appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
Hardware & Mesh Products Co., Ltd.; (3) Huanghua
Jinhai Hardware Products Co., Ltd.; (4) Huanghua
Xionghua Hardware Products Co., Ltd.; (5) Koram
Panagene Co., Ltd.; (6) Qingdao D & L Group Ltd.;
(7) Romp (Tianjin) Hardware Co., Ltd.; (8)
Shandong Dinglong Import & Export Co., Ltd.; (9)
Shanghai Curvet Hardware Products Co., Ltd.; (10)
Shanghai Jade Shuttle Hardware Tools Co., Ltd.;
(11) Shanghai Yueda Nails Industry Co., Ltd.; (12)
Shanxi Tianli Industries Co., Ltd.; (13) Tianjin
Lianda Group Co., Ltd.; (14) Tianjin Universal
Machinery Imp & Exp Corporation; and (15) Tianjin
Zhonglian Metals Ware Co., Ltd., (collectively,
‘‘Separate Rate Applicants’’).
15 See Certain Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 52273, 52275
(September 9, 2008) and accompanying Issues and
Decision Memorandum at Comment 6.
16 See Certain Steel Nails From the People’s
Republic of China: Final Results of the First
Antidumping Administrative Review, 76 FR 16379,
16382 (March 23, 2011).
17 These companies include: (1) Aironware
(Shanghai) Co., Ltd.; (2) Beijing Daruixing Global
Trading Co., Ltd.; (3) Beijing Daruixing Nail
Products Co., Ltd.; (4) Beijing Hong Sheng Metal
Products Co., Ltd.; (5) Beijing Tri-Metal Co., Ltd.;
(6) China Silk Trading & Logistics Co., Ltd.; (7)
Chongqing Hybest Tools Group Co., Ltd.; (8)
Faithful Engineering Products Co., Ltd.; (9) Handuk
Industrial Co., Ltd.; (10) Hong Kong Yu Xi Co., Ltd.;
(11) Huanghua Huarong Hardware Products Co.,
Ltd.; (12) Jinding Metal Products Ltd.; (13) Kyung
Dong Corp.; (14) Nanjing Dayu Pneumatic Gun
Nails Co., Ltd.; (15) Rizhao Handuck Fasteners Co.,
Ltd.; (16) Senco-Xingya Metal Products (Taicang)
Co., Ltd.; (17) Shandong Minmetals Co., Ltd.; (18)
Shanghai Chengkai Hardware Product Co., Ltd.; (19)
Shanghai Seti Enterprise International Co., Ltd.;
(20) Shanxi Tianli Enterprise Co., Ltd.; (21)
Shouguang Meiqing Nail Industry Co., Ltd.; (22)
Sinochem Tianjin Imp & Exp Shenzhen Corp.; (23)
Superior International Australia Pty Ltd.; (24)
Suzhou Xingya Nail Co., Ltd.; (25) Tianjin Jurun
Metal Products Co., Ltd.; (26) Wintime Import &
Export Corporation Limited of Zhongshan; (27)
Wuxi Qiangye Metalwork Production Co., Ltd.; (28)
Xuzhou CIP International Group Co., Ltd.; (29)
Yitian Nanjing Hardware Co., Ltd.; and (30)
Zhongshan Junlong Nail Manufactures Co., Ltd.
18 In the Preliminary Results, the Department also
identified four companies with the above group:
Cana (Tianjin) Hardware Ind., Co., Ltd.; Huanghua
Jinhai Metal Products Co., Ltd.; Qingdao Jisco Co.,
Ltd., and Tianjin Baisheng Metal Products Co., Ltd.
However, the review was rescinded for these four
companies. These four companies do not have
separate rates. See Certain Steel Nails from the
Peoples’ Republic of China: Notice of Extension of
Time Limits and Partial Rescission of the Second
Antidumping Duty Administrative Review, 76 FR
23788 (April 28, 2011). Therefore, the Department
intends to issue liquidation instructions for the
PRC-wide entity 15 days after publication of the
final results of this review. Id.
Those companies not eligible for a
separate rate will be considered part of
the PRC-wide entity: 17 18
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by the total entered values associated
with those transactions. For dutyassessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per-unit rate for each
importer (or customer) by dividing the
total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Stanley,
Hongli, Jinchi, and the Separate Rate
Applicants, the cash deposit rate will be
their respective rates established in the
final results of this review, except if the
rate is zero or de minimis no cash
deposit will be required; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 118.04 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
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12559
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Gem-Chun
Comment 15: No Shipments
Administrative Protective Orders
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
[FR Doc. 2012–4877 Filed 2–29–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–4735.
AGENCY:
Company-Specific Issues
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Stanley
Respondent Selection
Comment 5: Application of Partial FA or
Partial AFA
Comment 6: Stanley’s Surrogate Values
A. Copper Plated Steel Welding Wire
B. Sodium Sulfate
C. Glass Balls
D. Plastic Film
E. Plastic Strapping
Comment 7: Foreign Inland Freight
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of the
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
Dated: February 23, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues and Decision
Memorandum
General Issues
Comment 1: Zeroing
Comment 2: Surrogate Financial Ratios
Comment 3: Wire Rod Surrogate Value
Comment 4: Cash Deposit and Liquidation
Instructions
Hongli
Comment 8: Application of Partial FA or
Partial AFA
Comment 9: Steel Plate Surrogate Value
Comment 10: Shrink Wrap Surrogate Value
Comment 11: Pallet Surrogate Value
Jinchi
Comment 12: Application of Partial FA or
Partial AFA
Comment 13: Saw Dust
Comment 14: Sigma Cap Distances
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12556-12559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4877]
[[Page 12556]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Final
Results and Final Partial Rescission of the Second Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 12, 2011, the Department of Commerce
(``Department'') published the preliminary results of the second
administrative review of the antidumping duty order on certain steel
nails (``steel nails'') from the People's Republic of China
(``PRC'').\1\ We gave interested parties an opportunity to comment on
the Preliminary Results. Based upon our analysis of the comments and
information received, we made changes to the margin calculations for
the final results of this review. The final weighted-average margins
are listed below in the ``Final Results of the Review'' section of this
notice. The period of review (``POR'') is August 1, 2009, through July
31, 2010.
---------------------------------------------------------------------------
\1\ See Certain Steel Nails From the People's Republic of China:
Preliminary Results and Preliminary Rescission, in Part, of the
Antidumping Duty Administrative Review and Preliminary Intent To
Rescind New Shipper Review, 76 FR 56147 (September 12, 2011)
(``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: March 1, 2012.
FOR FURTHER INFORMATION CONTACT: Alexis Polovina, Javier Barrientos, or
Ricardo Martinez Rivera, AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3927, (202) 482-2243, or (202) 482-4532,
respectively.
Case History
On September 12, 2011, the Department published in the Federal
Register the Preliminary Results. Thereafter, on September 12, and 14,
2011, we issued questionnaires directly to unaffiliated suppliers in
order to obtain certain factors of production (``FOP'') data. Between
October 11, 2011, and November 9, 2011, we received case and rebuttal
briefs from the petitioner,\2\ the mandatory respondents,\3\ and other
interested parties \4\ in this administrative review. On December 5,
2011, the Department rescinded the new shipper review aligned with this
administrative review.\5\ Between January 12, 2012, and February 1,
2012, counsel for certain interested parties met with Department
officials to discuss issues raised in their case and rebuttal
briefs.\6\ On December 7, 2011, the Department extended the final
results to February 9, 2012.\7\ On February 7, 2012, the Department
extended the final results to February 23, 2012.\8\
---------------------------------------------------------------------------
\2\ Mid Continent Nail Corporation (``Petitioner'').
\3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd.
(``Stanley (Langfang)'') and Stanley Black & Decker, Inc. (``The
Stanley Works'')/Stanley Fastening Systems, LP (collectively
``Stanley''); Tianjin Jinchi Metal Products Co., Ltd. (``Jinchi'');
and Tianjin Jinghai County Hongli Industry & Business Co.
(``Hongli'').
\4\ Zhejiang Gem-Chun Hardware Accessory Co., Ltd. Additionally,
the following companies filed combined case briefs with two of the
mandatory respondents, Jinchi and Hongli: Itochu Building Products
Co., Inc., Certified Products International Inc., Chiieh Yungs Metal
Ind. Corp., Huanghua Jinhai Hardware Products Co., Ltd., Co., Ltd.,
Shangdong Dinglong Import & Export Co., Ltd., Tianjin Zhonglian
Metals Ware Co., Ltd., Hengshui Mingyao Hardware & Mesh Products
Co., Ltd., Huanghua Xionghua Hardware Products Co., Ltd., Shanghai
Jade Shuttle Hardware Tools Co., Ltd., Shanghai Yueda Nails Industry
Co., Ltd., Shanxi Tianli Industries Co., Ltd., China Staple
Enterprise (Tianjin) Co., Ltd., Qidong Liang Chyuan Metal Industry
Co., Ltd., Romp (Tianjin) Hardware Co., Ltd., CYM (Nanjing) Ningquan
Nail Manufacture Co., Ltd. a.k.a. CYM (Nanjing), Nail Manufacture
Co., Ltd., Shanxi Pioneer Hardware Industrial Co., Ltd. and
Mingguang Abundant Hardware Productions Co., Ltd.
\5\ See Certain Steel Nails from the People's Republic of China:
Final Rescission of Antidumping Duty New Shipper Review, 76 FR 75871
(December 5, 2011).
\6\ See Memorandum to the File, From Alexis Polovina, Senior
Case Analyst, 2nd Administrative Review of Certain Steel Nails from
the People's Republic of China: Ex Parte Meeting with Counsel to
Petitioner, dated January 13, 2012; Memorandum to the File, From
Alexis Polovina, Senior Case Analyst, 2nd Administrative Review of
Certain Steel Nails from the People's Republic of China: Meeting
with Counsel, dated January 17, 2012; Memorandum to the File, From
Alexis Polovina, Senior case Analyst, 2nd Administrative Review of
Certain Steel Nails form the People's Republic of China: Ex Parte
Meeting with Counsel to Respondent, dated January 20, 2012; and
Memorandum to the File, From Alexis Polovina, Senior Case Analyst,
2nd Administrative Review of Certain Steel Nails from the People's
Republic of China: Ex Parte Meeting with Interested Parties, dated
February 6, 2012.
\7\ See Certain Steel Nails From the People's Republic of China:
Extension of Time Limit for the Final Results of the Second
Antidumping Duty Administrative Review 76 FR 77205 (December 7,
2011).
\8\ See Certain Steel Nails From the People's Republic of China:
Extension of Time Limit for the Final Results of the Second
Antidumping Duty Administrative Review, 77 FR 8808 (February 15,
2012).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``Certain Steel Nails from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
Second Antidumping Duty Administrative Review,'' dated concurrently
with this notice (``Issues and Decision Memorandum''), which is hereby
adopted by this notice. A list of the issues which parties raised is
attached to this notice as an Appendix. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendation in this public memorandum which is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Services System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records Unit
(``CRU'') of the main Commerce Building, Room 7046. In addition, a
complete version of the Issues and Decision Memorandum is accessible on
the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Final Partial Rescission of Administrative Review
In the Preliminary Results, the Department announced its intent to
rescind the review with respect to certain companies \9\ that certified
they made no shipments of subject merchandise during the POR.\10\ For
the final results, we continue to find that these companies did not
make shipments during the POR. Thus, in accordance with 19 CFR
351.213(d)(3), and consistent with our practice,\11\ we are rescinding
this review with respect to these companies.
---------------------------------------------------------------------------
\9\ Those companies are: (1) Beijing Hongsheng Metal Co., Ltd.;
(2) Besco Machinery Industry (Zhejiang) Co., Ltd.; (3) Certified
Products International Inc. (``CPI''); (4) Chiieh Yung Metal Ind.
Corp.; (5) China Staple Enterprise (Tianjin) Co., Ltd.; (6) CYM
(Nanjing) Nail Manufacture Co., Ltd.; (7) Jining Huarong Hardware
Products Co., Ltd.; (8) Nanjing Yuechang Hardware Products Co.,
Ltd.; (9) PT Enterprise Inc.; (10) Qidong Liang Chyuan Metal
Industry Co., Ltd.; (11) Shanghai Tengyu Hardware Tools Co., Ltd.;
(12) Shanxi Yuci Broad Wire Products Co., Ltd.; and (13) Zhejiang
Gem-Chun Hardware Accessory Co., Ltd.; (collectively, the ``No
Shipment Respondents'').
\10\ See Preliminary Results, 75 FR at 56071-56072; see also
Memorandum to James C. Doyle, Office 9 Director, through Alex
Villanueva, Office 9 Program Manager, from Matthew Renkey, Senior
Case Analyst and Emeka Chukwudebe, Case Analyst, First Antidumping
Duty Administrative Review of Certain Steel Nails from the Peoples'
Republic of China (``PRC''): Partial Rescission of the First
Antidumping Duty Administrative Review, dated September 7, 2010.
\11\ See, e.g., Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review and Partial Rescission, 73 FR 15479, 15480
(March 24, 2008).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record, as well as comments received from
parties
[[Page 12557]]
regarding our Preliminary Results, we have made certain changes to the
margin calculations. Specifically, we have applied partial adverse
facts available (``AFA'') to one respondent, Jinchi, as well as changed
several surrogate values used in the Preliminary Results. For all
changes to the calculations, see the Issues and Decision Memorandum and
company-specific analysis memoranda. For changes to the surrogate
values, see ``Memorandum to the File, through Matthew Renkey, Acting
Program Manager, AC/CVD Operations, Office 9, from Ricardo Martinez,
case analyst, AD/CVD Operations, Office 9, Second Antidumping Duty
Administrative Review of Certain Steel Nails from the People's Republic
of China: Surrogate Values for the Final Results,'' dated concurrently
with this notice.
Scope of the Order
The merchandise covered by this order includes certain steel nails
having a shaft length up to 12 inches. Certain steel nails include, but
are not limited to, nails made of round wire and nails that are cut.
Certain steel nails may be of one piece construction or constructed of
two or more pieces. Certain steel nails may be produced from any type
of steel, and have a variety of finishes, heads, shanks, point types,
shaft lengths and shaft diameters. Finishes include, but are not
limited to, coating in vinyl, zinc (galvanized, whether by
electroplating or hot dipping one or more times), phosphate cement, and
paint. Head styles include, but are not limited to, flat, projection,
cupped, oval, brad, headless, double, countersunk, and sinker. Shank
styles include, but are not limited to, smooth, barbed, screw threaded,
ring shank and fluted shank styles. Screw-threaded nails subject to
this proceeding are driven using direct force and not by turning the
fastener using a tool that engages with the head. Point styles include,
but are not limited to, diamond, blunt, needle, chisel and no point.
Finished nails may be sold in bulk, or they may be collated into strips
or coils using materials such as plastic, paper, or wire. Certain steel
nails subject to this order are currently classified under the
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings
7317.00.55, 7317.00.65 and 7317.00.75.
Excluded from the scope of this order are steel roofing nails of
all lengths and diameter, whether collated or in bulk, and whether or
not galvanized. Steel roofing nails are specifically enumerated and
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20
nails. Also excluded from the scope are the following steel nails: (1)
Non-collated (i.e., hand-driven or bulk), two-piece steel nails having
plastic or steel washers (caps) already assembled to the nail, having a
bright or galvanized finish, a ring, fluted or spiral shank, an actual
length of 0.500'' to 8'', inclusive; and an actual shank diameter of
0.1015'' to 0.166'', inclusive; and an actual washer or cap diameter of
0.900'' to 1.10'', inclusive; (2) Non-collated (i.e., hand-driven or
bulk), steel nails having a bright or galvanized finish, a smooth,
barbed or ringed shank, an actual length of 0.500'' to 4'', inclusive;
an actual shank diameter of 0.1015'' to 0.166'', inclusive; and an
actual head diameter of 0.3375'' to 0.500'', inclusive; (3) Wire
collated steel nails, in coils, having a galvanized finish, a smooth,
barbed or ringed shank, an actual length of 0.500'' to 1.75'',
inclusive; an actual shank diameter of 0.116'' to 0.166'', inclusive;
and an actual head diameter of 0.3375'' to 0.500'', inclusive; and (4)
Non-collated (i.e., hand-driven or bulk), steel nails having a convex
head (commonly known as an umbrella head), a smooth or spiral shank, a
galvanized finish, an actual length of 1.75'' to 3'', inclusive; an
actual shank diameter of 0.131'' to 0.152'', inclusive; and an actual
head diameter of 0.450'' to 0.813'', inclusive.
Also excluded from the scope of this order are corrugated nails. A
corrugated nail is made of a small strip of corrugated steel with sharp
points on one side. Also excluded from the scope of this order are
fasteners suitable for use in powder-actuated hand tools, not threaded
and threaded, which are currently classified under HTSUS 7317.00.20 and
7317.00.30. Also excluded from the scope of this order are thumb tacks,
which are currently classified under HTSUS 7317.00.10.00.
Also excluded from the scope of this order are certain brads and
finish nails that are equal to or less than 0.0720 inches in shank
diameter, round or rectangular in cross section, between 0.375 inches
and 2.5 inches in length, and that are collated with adhesive or
polyester film tape backed with a heat seal adhesive. Also excluded
from the scope of this order are fasteners having a case hardness
greater than or equal to 50 HRC, a carbon content greater than or equal
to 0.5 percent, a round head, a secondary reduced-diameter raised head
section, a centered shank, and a smooth symmetrical point, suitable for
use in gas-actuated hand tools. While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of this order is dispositive.
Non-Market Economy Treatment
The Department considers the PRC to be a non-market economy
(``NME'') country.\12\ In accordance with section 771(18)(C)(i) of the
Tariff Act of 1930, as amended (``Act''), any determination that a
foreign country is an NME country shall remain in effect until revoked
by the administering authority. No party has challenged the designation
of the PRC as an NME country in this review. Therefore, the Department
continues to treat the PRC as an NME country for purposes of these
final results.
---------------------------------------------------------------------------
\12\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination: Coated Free
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet Paper from the People's Republic
of China, 72 FR 60632 (October 25, 2007).
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Results, the Department stated that it selected
India as the appropriate surrogate country to use in this
administrative review for the following reasons: (1) It is a
significant producer of comparable merchandise; (2) it is at a
comparable level of economic development pursuant to section 773(c)(4)
of the Act; and (3) the Department has reliable data from India that it
can use to value the factors of production. As no party submitted
additional comments challenging our selection of the primary surrogate
country, we are continuing to use India as the surrogate country for
the final results of this administrative review.
Separate Rates
In proceedings involving NME countries, the Department holds a
rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate.\13\
---------------------------------------------------------------------------
\13\ See Notice of Final Determination of Sales at Less Than
Fair Value: Sparklers from the People's Republic of China, 56 FR
20588 (May 6, 1991), as further developed in Notice of Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2, 1994).
---------------------------------------------------------------------------
In the Preliminary Results, we determined that in addition to the
mandatory respondents, the Separate Rate Applicants \14\ also met the
criteria
[[Page 12558]]
for separate-rate status. No party challenged these preliminary
separate rate findings, we therefore continue to find that mandatory
respondents and Separate Rate Applicants met the criteria for separate
rate status. The margin assigned to the Separate Rate Applicants is
based on the estimated weighted-average antidumping margins established
for exporters and producers individually investigated, excluding zero
and de minimis margins or margins based entirely on AFA.\15\
---------------------------------------------------------------------------
\14\ These companies include: (1) Dezhou Hualude Hardware
Products Co., Ltd.; (2) Hengshui Mingyao Hardware & Mesh Products
Co., Ltd.; (3) Huanghua Jinhai Hardware Products Co., Ltd.; (4)
Huanghua Xionghua Hardware Products Co., Ltd.; (5) Koram Panagene
Co., Ltd.; (6) Qingdao D & L Group Ltd.; (7) Romp (Tianjin) Hardware
Co., Ltd.; (8) Shandong Dinglong Import & Export Co., Ltd.; (9)
Shanghai Curvet Hardware Products Co., Ltd.; (10) Shanghai Jade
Shuttle Hardware Tools Co., Ltd.; (11) Shanghai Yueda Nails Industry
Co., Ltd.; (12) Shanxi Tianli Industries Co., Ltd.; (13) Tianjin
Lianda Group Co., Ltd.; (14) Tianjin Universal Machinery Imp & Exp
Corporation; and (15) Tianjin Zhonglian Metals Ware Co., Ltd.,
(collectively, ``Separate Rate Applicants'').
\15\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 52273, 52275
(September 9, 2008) and accompanying Issues and Decision Memorandum
at Comment 6.
---------------------------------------------------------------------------
PRC-Wide Rate and PRC-Wide Entity
In the Preliminary Results, because reviews were requested for
several companies that failed to demonstrate that they operate free of
government control, the Department determined that these companies were
part of the PRC-wide entity. In the most recently completed review, we
assigned a rate of 118.04 percent to the PRC-wide entity. Since the
Preliminary Results, none of the companies that did not file separate
rate applications or certifications submitted comments regarding these
findings of government control. Therefore, we are assigning these
companies the PRC-wide rate of 118.04 percent assigned to the PRC-wide
entity in the most recently completed administrative review of this
antidumping order.\16\ The Department is applying a single antidumping
rate, i.e., the PRC-wide rate of 118.04 percent, to all other exporters
of subject merchandise from the PRC because only the mandatory
respondents and Separate-Rate Applicants have overcome that presumption
that they are not part of the PRC-wide entity. The PRC-wide rate
applies to all entries of the merchandise under consideration, except
for those from companies which have received a separate rate.
---------------------------------------------------------------------------
\16\ See Certain Steel Nails From the People's Republic of
China: Final Results of the First Antidumping Administrative Review,
76 FR 16379, 16382 (March 23, 2011).
---------------------------------------------------------------------------
Final Results of the Review
The weighted-average dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted average
Exporter margin (percent)
------------------------------------------------------------------------
(1) The Stanley Works (Langfang) Fastening Systems 3.80
Co., Ltd. and Stanley Black & Decker, Inc./Stanley
Fastening Systems, LP..............................
(2) Tianjin Jinghai County Hongli Industry & 47.76
Business Co........................................
(3) Tianjin Jinchi Metal Products Co., Ltd.......... 78.27
(4) Dezhou Hualude Hardware Products Co., Ltd....... 19.30
(5) Hengshui Mingyao Hardware & Mesh Products Co., 19.30
Ltd................................................
(6) Huanghua Jinhai Hardware Products Co., Ltd...... 19.30
(7) Huanghua Xionghua Hardware Products Co., Ltd.... 19.30
(8) Koram Panagene Co., Ltd......................... 19.30
(9) Qingdao D & L Group Ltd.Co., Ltd................ 19.30
(10) Romp (Tianjin) Hardware Co., Ltd............... 19.30
(11) Shandong Dinglong Import & Export Co., Ltd..... 19.30
(12) Shanghai Curvet Hardware Products Co., Ltd..... 19.30
(13) Shanghai Jade Shuttle Hardware Tools Co., Ltd.. 19.30
(14) Shanghai Yueda Nails Industry Co., Ltd......... 19.30
(15) Shanxi Tianli Industries Co., Ltd.............. 19.30
(16) Tianjin Lianda Group Co., Ltd.................. 19.30
(17) Tianjin Universal Machinery Imp & Exp 19.30
Corporation........................................
(18) Tianjin Zhonglian Metals Ware Co., Ltd......... 19.30
(19) PRC-wide Entity................................ 118.04
------------------------------------------------------------------------
Those companies not eligible for a separate rate will be considered
part of the PRC-wide entity: 17 18
---------------------------------------------------------------------------
\17\ These companies include: (1) Aironware (Shanghai) Co.,
Ltd.; (2) Beijing Daruixing Global Trading Co., Ltd.; (3) Beijing
Daruixing Nail Products Co., Ltd.; (4) Beijing Hong Sheng Metal
Products Co., Ltd.; (5) Beijing Tri-Metal Co., Ltd.; (6) China Silk
Trading & Logistics Co., Ltd.; (7) Chongqing Hybest Tools Group Co.,
Ltd.; (8) Faithful Engineering Products Co., Ltd.; (9) Handuk
Industrial Co., Ltd.; (10) Hong Kong Yu Xi Co., Ltd.; (11) Huanghua
Huarong Hardware Products Co., Ltd.; (12) Jinding Metal Products
Ltd.; (13) Kyung Dong Corp.; (14) Nanjing Dayu Pneumatic Gun Nails
Co., Ltd.; (15) Rizhao Handuck Fasteners Co., Ltd.; (16) Senco-
Xingya Metal Products (Taicang) Co., Ltd.; (17) Shandong Minmetals
Co., Ltd.; (18) Shanghai Chengkai Hardware Product Co., Ltd.; (19)
Shanghai Seti Enterprise International Co., Ltd.; (20) Shanxi Tianli
Enterprise Co., Ltd.; (21) Shouguang Meiqing Nail Industry Co.,
Ltd.; (22) Sinochem Tianjin Imp & Exp Shenzhen Corp.; (23) Superior
International Australia Pty Ltd.; (24) Suzhou Xingya Nail Co., Ltd.;
(25) Tianjin Jurun Metal Products Co., Ltd.; (26) Wintime Import &
Export Corporation Limited of Zhongshan; (27) Wuxi Qiangye Metalwork
Production Co., Ltd.; (28) Xuzhou CIP International Group Co., Ltd.;
(29) Yitian Nanjing Hardware Co., Ltd.; and (30) Zhongshan Junlong
Nail Manufactures Co., Ltd.
\18\ In the Preliminary Results, the Department also identified
four companies with the above group: Cana (Tianjin) Hardware Ind.,
Co., Ltd.; Huanghua Jinhai Metal Products Co., Ltd.; Qingdao Jisco
Co., Ltd., and Tianjin Baisheng Metal Products Co., Ltd. However,
the review was rescinded for these four companies. These four
companies do not have separate rates. See Certain Steel Nails from
the Peoples' Republic of China: Notice of Extension of Time Limits
and Partial Rescission of the Second Antidumping Duty Administrative
Review, 76 FR 23788 (April 28, 2011). Therefore, the Department
intends to issue liquidation instructions for the PRC-wide entity 15
days after publication of the final results of this review. Id.
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party
[[Page 12559]]
by the total entered values associated with those transactions. For
duty-assessment rates calculated on this basis, we will direct CBP to
assess the resulting ad valorem rate against the entered customs values
for the subject merchandise. Where appropriate, we calculated a per-
unit rate for each importer (or customer) by dividing the total dumping
margins for reviewed sales to that party by the total sales quantity
associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting
per-unit rate against the entered quantity of the subject merchandise.
Where an importer (or customer)-specific assessment rate is de minimis
(i.e., less than 0.50 percent), the Department will instruct CBP to
assess that importer (or customer's) entries of subject merchandise
without regard to antidumping duties, in accordance with 19 CFR
351.106(c)(2). The Department intends to issue assessment instructions
to CBP 15 days after the date of publication of these final results of
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Stanley, Hongli,
Jinchi, and the Separate Rate Applicants, the cash deposit rate will be
their respective rates established in the final results of this review,
except if the rate is zero or de minimis no cash deposit will be
required; (2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all PRC exporters of subject merchandise
which have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate of 118.04 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporters that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: February 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
General Issues
Comment 1: Zeroing
Comment 2: Surrogate Financial Ratios
Comment 3: Wire Rod Surrogate Value
Comment 4: Cash Deposit and Liquidation Instructions
Company-Specific Issues
Stanley
Comment 5: Application of Partial FA or Partial AFA
Comment 6: Stanley's Surrogate Values
A. Copper Plated Steel Welding Wire
B. Sodium Sulfate
C. Glass Balls
D. Plastic Film
E. Plastic Strapping
Comment 7: Foreign Inland Freight
Hongli
Comment 8: Application of Partial FA or Partial AFA
Comment 9: Steel Plate Surrogate Value
Comment 10: Shrink Wrap Surrogate Value
Comment 11: Pallet Surrogate Value
Jinchi
Comment 12: Application of Partial FA or Partial AFA
Comment 13: Saw Dust
Comment 14: Sigma Cap Distances
Gem-Chun
Comment 15: No Shipments
[FR Doc. 2012-4877 Filed 2-29-12; 8:45 am]
BILLING CODE 3510-DS-P
