Certain Steel Nails From the People's Republic of China: Amended Final Results of the Second Antidumping Duty Administrative Review, 24462-24464 [2012-9827]
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is de minimis (i.e., less
than 0.50 percent). The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by the
company included in these final results
of review for which the reviewed
company did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate effective
during the POR if there is no rate for the
intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the company
listed above will be that established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a
previous review, or the original lessthan-fair-value (LTFV) investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 23.21
percent, the all-others rate made
effective by the LTFV investigation. See
VerDate Mar<15>2010
17:40 Apr 23, 2012
Jkt 226001
Citric Acid and Certain Citrate Salts
from Canada and the People’s Republic
of China: Antidumping Duty Orders, 74
FR 25703 (May 29, 2009). These deposit
requirements shall remain in effect until
further notice.
Notification to Importers
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 review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This administrative review and notice
are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221.
Dated: April 17, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–9826 Filed 4–23–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Amended Final
Results of the Second Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 24, 2012.
FOR FURTHER INFORMATION CONTACT:
Ricardo Martinez Rivera, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
AGENCY:
PO 00000
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Avenue NW., Washington, DC 20230;
telephone: (202) 482–4532.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2012, the Department of
Commerce (‘‘Department’’) published
the final 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 On March
5, 2012, certain mandatory and separate
rate respondents, as well as Itochu
Building Products Co., Inc. (‘‘IBP’’),2
and Stanley 3 filed timely allegations
that the Department made ministerial
errors in the Final Results and
requested, pursuant to 19 CFR 351.224,
that the Department correct the alleged
ministerial errors. On March 12, 2012,
Petitioner 4 submitted comments
rebutting the errors alleged by IBP et al.
and Stanley. No other party in this
proceeding submitted comments on the
Department’s final margin calculations.
Scope of the Order
The merchandise covered by the 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),
1 See Certain Steel Nails from the People’s
Republic of China: Final Results and Final
Rescission of the Second Antidumping Duty
Administrative Review, 77 FR 12556 (March 1,
2012) and accompanying Issues and Decision
Memorandum (‘‘Final Results’’).
2 Certified Products International Inc., Chiieh
Yungs Metal Ind. Corp., Huanghua Jinhai Hardware
Products Co., Ltd., Tianjin Jinghai County Hongli
Industry & Business Co., Ltd. (‘‘Hongli’’), Tianjin
Jinchi Metal Products Co., Ltd. (‘‘Jinchi’’),
Shangdong Dinglong Import & Export Co., Ltd.,
Tianjin Zhonglian Metals Ware Co., Ltd., Hengshui
Mingyao Hardware & Mesh Products Co., Ltd.,
Huanghua Xionghua Hardware Products, 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. (collectively ‘‘IBP et al.’’).
3 The Stanley Works (Langfang) Fastening
Systems Co., Ltd. and Stanley Black & Decker, Inc./
Stanley Fastening Systems, LP (collectively
‘‘Stanley’’).
4 Mid Continent Nail Corporation.
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
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
the order 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 the 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 the 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) 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 the
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 the 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 the order are
thumb tacks, which are currently
classified under HTSUS 7317.00.10.00.
Also excluded from the scope of the
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 the 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
the order is dispositive.
Amended Final Results of the Review
The Tariff Act of 1930, as amended
(‘‘Act’’), defines a ‘‘ministerial error’’ as
including ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other type of unintentional
error which the administering authority
considers ministerial.’’ See section
751(h) of the Act; see also 19 CFR
351.224(e). As explained in the
memorandum accompanying this
notice,5 we do not find that any of the
errors alleged by IBP et al. or Stanley are
ministerial errors within the meaning of
section 751(h) of the Act and 19 CFR
351.224(e). However, in the course of
analyzing IBP et al.’s allegations of
ministerial errors, the Department found
that it inadvertently miscalculated
Jinchi’s importer-specific assessments
rates, even though no party had
commented on this fact. Therefore, in
accordance with section 751(h) of the
Act, we have determined that we made
a ministerial error in our calculation of
Jinchi’s importer-specific assessment
rates for the Final Results. We note that
correcting this error does not change
any of the weighted-average margins
from the Final Results. For a detailed
discussion of this ministerial error, as
well as the Department’s analysis of the
allegations of ministerial errors, see the
Ministerial Error Memorandum.
Disclosure
We will disclose the calculations
performed for these amended final
results within five days of the date of
publication of this notice to interested
parties in accordance with 19 CFR
351.224(b).
Amended Final Results of the Review
The weighted-average dumping
margins for the period of review are as
follows:
Weighted
average
margin
(percent)
mstockstill on DSK4VPTVN1PROD with NOTICES
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 .................................................................................................................................
5 See Memorandum to Gary Taverman, from
James C. Doyle, regarding ‘‘Second Antidumping
Duty Administrative Review of Certain Steel Nails
VerDate Mar<15>2010
17:40 Apr 23, 2012
Jkt 226001
from the People’s Republic of China: Ministerial
Error Allegations Memorandum,’’ dated
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3.80
47.76
78.27
19.30
19.30
19.30
19.30
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19.30
concurrently with this notice (‘‘Ministerial Error
Memorandum’’).
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
Weighted
average
margin
(percent)
Exporter
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
Shanghai Curvet Hardware Products Co., Ltd ................................................................................................................................
Shanghai Jade Shuttle Hardware Tools Co., Ltd ............................................................................................................................
Shanghai Yueda Nails Industry Co., Ltd .........................................................................................................................................
Shanxi Tianli Industries Co., Ltd ......................................................................................................................................................
Tianjin Lianda Group Co., Ltd ..........................................................................................................................................................
Tianjin Universal Machinery Imp & Exp Corporation .......................................................................................................................
Tianjin Zhonglian Metals Ware Co., Ltd ..........................................................................................................................................
PRC-wide Entity ...............................................................................................................................................................................
Those companies not eligible for a
separate rate will be considered part of
the PRC-wide entity.6
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
amended 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
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
mstockstill on DSK4VPTVN1PROD with NOTICES
6 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.
VerDate Mar<15>2010
17:40 Apr 23, 2012
Jkt 226001
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
amended final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the amended 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 amended 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.
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19.30
19.30
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19.30
19.30
19.30
118.04
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.
These amended final results are
published in accordance with sections
751(h) and 777(i)(1) of the Act.
Dated: April 18, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–9827 Filed 4–23–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–943]
Oil Country Tubular Goods From the
People’s Republic of China: Extension
of Time for the Preliminary Results of
the Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 24, 2012.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Eve Wang, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4474 or (202) 482–6231,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 28, 2011, the Department of
Commerce (‘‘the Department’’)
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]]>Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24462-24464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9827]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Amended
Final Results of the Second Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 24, 2012.
FOR FURTHER INFORMATION CONTACT: 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) 482-4532.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2012, the Department of Commerce (``Department'')
published the final 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\ On March 5, 2012, certain
mandatory and separate rate respondents, as well as Itochu Building
Products Co., Inc. (``IBP''),\2\ and Stanley \3\ filed timely
allegations that the Department made ministerial errors in the Final
Results and requested, pursuant to 19 CFR 351.224, that the Department
correct the alleged ministerial errors. On March 12, 2012, Petitioner
\4\ submitted comments rebutting the errors alleged by IBP et al. and
Stanley. No other party in this proceeding submitted comments on the
Department's final margin calculations.
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the People's Republic of China:
Final Results and Final Rescission of the Second Antidumping Duty
Administrative Review, 77 FR 12556 (March 1, 2012) and accompanying
Issues and Decision Memorandum (``Final Results'').
\2\ Certified Products International Inc., Chiieh Yungs Metal
Ind. Corp., Huanghua Jinhai Hardware Products Co., Ltd., Tianjin
Jinghai County Hongli Industry & Business Co., Ltd. (``Hongli''),
Tianjin Jinchi Metal Products Co., Ltd. (``Jinchi''), Shangdong
Dinglong Import & Export Co., Ltd., Tianjin Zhonglian Metals Ware
Co., Ltd., Hengshui Mingyao Hardware & Mesh Products Co., Ltd.,
Huanghua Xionghua Hardware Products, 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. (collectively ``IBP et al.'').
\3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and
Stanley Black & Decker, Inc./Stanley Fastening Systems, LP
(collectively ``Stanley'').
\4\ Mid Continent Nail Corporation.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the 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),
[[Page 24463]]
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 the order 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 the 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 the 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 the 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 the 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 the order are thumb tacks,
which are currently classified under HTSUS 7317.00.10.00.
Also excluded from the scope of the 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 the 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 the order is dispositive.
Amended Final Results of the Review
The Tariff Act of 1930, as amended (``Act''), defines a
``ministerial error'' as including ``errors in addition, subtraction,
or other arithmetic function, clerical errors resulting from inaccurate
copying, duplication, or the like, and any other type of unintentional
error which the administering authority considers ministerial.'' See
section 751(h) of the Act; see also 19 CFR 351.224(e). As explained in
the memorandum accompanying this notice,\5\ we do not find that any of
the errors alleged by IBP et al. or Stanley are ministerial errors
within the meaning of section 751(h) of the Act and 19 CFR 351.224(e).
However, in the course of analyzing IBP et al.'s allegations of
ministerial errors, the Department found that it inadvertently
miscalculated Jinchi's importer-specific assessments rates, even though
no party had commented on this fact. Therefore, in accordance with
section 751(h) of the Act, we have determined that we made a
ministerial error in our calculation of Jinchi's importer-specific
assessment rates for the Final Results. We note that correcting this
error does not change any of the weighted-average margins from the
Final Results. For a detailed discussion of this ministerial error, as
well as the Department's analysis of the allegations of ministerial
errors, see the Ministerial Error Memorandum.
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\5\ See Memorandum to Gary Taverman, from James C. Doyle,
regarding ``Second Antidumping Duty Administrative Review of Certain
Steel Nails from the People's Republic of China: Ministerial Error
Allegations Memorandum,'' dated concurrently with this notice
(``Ministerial Error Memorandum'').
---------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed for these amended final
results within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
Amended Final Results of the Review
The weighted-average dumping margins for the period of review are
as follows:
------------------------------------------------------------------------
Weighted
average
Exporter margin
(percent)
------------------------------------------------------------------------
(1) The Stanley Works (Langfang) Fastening Systems Co., 3.80
Ltd. and Stanley Black & Decker, Inc./Stanley Fastening
Systems, LP...............................................
(2) Tianjin Jinghai County Hongli Industry & Business Co... 47.76
(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., Ltd..... 19.30
(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
[[Page 24464]]
(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 Corporation..... 19.30
(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.\6\
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
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 amended 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 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 amended final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the amended 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 amended 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.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: April 18, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9827 Filed 4-23-12; 8:45 am]
BILLING CODE 3510-DS-P
