Certain Steel Nails From the People's Republic of China: Final Results of the Fourth Antidumping Duty Administrative Review, 19316-19319 [2014-07829]

Download as PDF 19316 Notices Federal Register Vol. 79, No. 67 Tuesday, April 8, 2014 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2014–0012] General Conference Committee of the National Poultry Improvement Plan and 42nd Biennial Conference Animal and Plant Health Inspection Service, USDA. ACTION: Notice of meeting. AGENCY: 4. Agency budget and cooperative agreements updates. The meeting will be open to the public. However, due to time constraints, the public will not be allowed to participate in the discussions during the meeting. Written statements on meeting topics may be filed with the Committee before or after the meeting by sending them to the person listed under FOR FURTHER INFORMATION CONTACT. Written statements may also be filed at the meeting. Please refer to Docket No. APHIS–2014–0012 when submitting your statements. This notice of meeting is given pursuant to section 10 of the Federal Advisory Committee Act (5 U.S.C. App. 2). Done in Washington, DC, this 2nd day of April 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014–07847 Filed 4–7–14; 8:45 am] We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan (NPIP) and the NPIP’s 42nd Biennial Conference. DATES: The General Conference Committee meeting will be held on July 10, 2014, from 1:30 p.m. to 5:30 p.m. The Biennial Conference will meet on July 11, 2014, from 8 a.m. to 5 p.m., and on July 12, 2014, from 8 a.m. to 12 p.m. ADDRESSES: The meeting and conference will be held at the Omni Charlotte Hotel, 132 E. Trade Street, Charlotte, NC 28202. FOR FURTHER INFORMATION CONTACT: Dr. Denise Brinson, Director, National Poultry Improvement Plan, VS, APHIS, USDA, 1506 Klondike Road, Suite 101, Conyers, GA 30094; (770) 922–3496. SUPPLEMENTARY INFORMATION: The General Conference Committee (the Committee) of the National Poultry Improvement Plan, representing cooperating State agencies and poultry industry members, serves an essential function by acting as liaison between the poultry industry and the Department in matters pertaining to poultry health. Topics for discussion at the upcoming meeting include: 1. Salmonella update. 2. Approval of rapid assays. 3. Centers for Disease Control and Prevention report on Salmonella infections. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:42 Apr 07, 2014 Jkt 232001 BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2014–0009] National Wildlife Services Advisory Committee; Reestablishment Animal and Plant Health Inspection Service, USDA. ACTION: Notice of reestablishment. AGENCY: We are giving notice that the Secretary of Agriculture will reestablish the National Wildlife Services Advisory Committee for a 2-year period. The Secretary has determined that the Committee is necessary and in the public interest. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Joyce, Designated Federal Officer, Wildlife Services, APHIS, 4700 River Road, Unit 87, Riverdale, MD 20737; (301) 851–3999. SUPPLEMENTARY INFORMATION: The purpose of the National Wildlife Services Advisory Committee (the Committee) is to advise the Secretary of Agriculture on policies, program issues, and research needed to conduct the Wildlife Services program. The Committee also serves as a public forum enabling those affected by the Wildlife SUMMARY: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Services program to have a voice in the program’s policies. Done in Washington, DC, this 2nd day of April 2014. Gregory L. Parham, Assistant Secretary for Administration. [FR Doc. 2014–07849 Filed 4–7–14; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–105–2013] Foreign-Trade Zone 289—Ontario County, New York, Authorization of Production Activity, Crosman Corporation, (Airguns), Bloomfield and Farmington, New York On December 4, 2013, Crosman Corporation submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facilities within Subzone 289A, in Bloomfield and Farmington, New York. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (78 FR 75331, 12–11– 2013). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: April 3, 2014. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–07831 Filed 4–7–14; 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: Final Results of the Fourth Antidumping Duty Administrative Review Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) published its AGENCY: E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices Preliminary Results of the fourth administrative review of the antidumping duty order on certain steel nails from the People’s Republic of China (‘‘PRC’’) on September 16, 2013.1 The period of review (‘‘POR’’) is August 1, 2011, through July 31, 2012. We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments received, we made changes to the margin calculations for these final results. The final dumping margins are listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: April 8, 2014. FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2243 or (202) 482–2312, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES Background After the Preliminary Results, parties submitted surrogate value (‘‘SV’’) comments and rebuttal comments on October 31, 2013, and November 12, 2013, respectively. Parties also submitted case and rebuttal briefs on issues not relating to JISCO 2 on December 18, 2013, and December 23, 2013, respectively. Between January 6, 2014, and January 11, 2014, we conducted a verification of JISCO and subsequently issued our verification report.3 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.4 1 See Certain Steel Nails From the People’s Republic of China: Preliminary Results of the Fourth Antidumping Duty Administrative Review, 78 FR 56861 (September 16, 2013) (‘‘Preliminary Results’’). 2 Qingdao JISCO Co., Ltd. and ECO System Corporation (d/b/a JISCO Corporation) (collectively, ‘‘JISCO’’) 3 See Memorandum to the File, from Javier Barrientos, Senior Case Analyst, Office V, and Susan Pulongbarit, Senior Case Analyst, Office V, ‘‘Verification of the Sales and Factors of Production of Qingdao JISCO Co., Ltd.; JISCO Corporation & ECO System Co., Ltd (collectively, ‘‘JISCO’’) in the Antidumping Duty Review of Certain Steel Nails from the People’s Republic of China (‘‘PRC’’),’’ dated February 19, 2014. 4 See Memorandum for the Record from Paul Piquado, Assistant Secretary for the Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). VerDate Mar<15>2010 16:42 Apr 07, 2014 Jkt 232001 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day.5 On January 23, 2014, the Department extended the deadline in this proceeding by 60 days.6 The revised deadline for the final results of this review is now March 31, 2014. 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 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. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. For a full description of the scope, see ‘‘Certain Steel Nails from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Fourth Antidumping Duty Administrative Review,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the 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. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://trade.gov/enforcement/frn/ index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and 5 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533, 24533 (May 10, 2005). 6 See Memorandum to Gary Taverman, ‘‘Certain Steel Nails from the People’s Republic of China: Extension of Deadline for Final Results of the Fourth Antidumping Duty Administrative Review,’’ dated January 23, 2014. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 19317 Decision Memorandum are identical in content. Determination of No Reviewable Transactions In the Preliminary Results, the Department determined that nine companies had no shipments of subject merchandise to the United States during the POR.7 As we stated in the Preliminary Results, based on contrary information from U.S. Customs and Border Protection (‘‘CBP’’) regarding CPI’s and Mingguang Abundant’s no shipments claims, we issued supplemental questionnaires to these two companies. CPI responded to our supplemental questionnaire,8 while Mingguang Abundant did not.9 The Department continues to find that CPI had no shipments during the POR, and addresses this issue in further detail in Comment 10 of the Issues and Decision Memorandum. Because Mingguang Abundant did not respond to our supplemental questionnaire to address evidence contrary to its no shipments claim, and because it did not submit a separate rate application or certification, we are treating it as part of the PRCwide entity for the final results of this review, and this issue is addressed in further detail in Comment 11 of the Issues and Decision Memorandum. The Department did not receive any comments or information which indicated that the other seven No Shipment Respondents made sales of subject merchandise to the United States during the POR. Therefore, consistent with the Department’s refinement to its assessment practice in nonmarket economy (‘‘NME’’) cases, the Department finds that it is appropriate not to rescind the review in these circumstances, but, rather, to complete the review with respect to these seven companies and issue appropriate instructions to CBP based on the final results of the review.10 7 See Preliminary Results, 78 FR at 56861, and accompanying Decision Memorandum at 3–4. These companies are: Besco Machinery Industry (Zhejiang) Co., Ltd.; Certified Products International Inc. (‘‘CPI’’); China Staple Enterprise (Tianjin) Co., Ltd. (‘‘China Staple’’); Jining Huarong Hardware Products Co., Ltd.; Mingguang Abundant Hardware Products Co., Ltd. (‘‘Mingguang Abundant’’); PT Enterprise Inc.; Shanghai Jade Shuttle Hardware Tools Co., Ltd.; Shanghai Tengyu Hardware Tools Co., Ltd.; and Shanxi Yuci Broad Wire Products Co., Ltd., collectively ‘‘No Shipment Respondents.’’ 8 See CPI’s no shipments supplemental questionnaire response, dated October 18, 2013. 9 See Memorandum to the File from Javier Barrientos, Senior Case Analyst, ‘‘Documentation of Non-Response to No Shipments Supplemental Questionnaire,’’ dated March 31, 2014. 10 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 E:\FR\FM\08APN1.SGM Continued 08APN1 19318 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made certain revisions to the margin calculations for the individually-reviewed respondents, Stanley 11 and JISCO.12 For a list of all issues addressed in these final results, please refer to the Appendix accompanying this notice. Final Results of the Review The final antidumping duty margins for the POR are as follows: Weighted-average margin (percent) Exporter mstockstill on DSK4VPTVN1PROD with NOTICES (1) Stanley ................................................................................................................................................................................... (2) JISCO ..................................................................................................................................................................................... (3) Cana (Tianjin) Hardware Industrial Co., Ltd .......................................................................................................................... (4) Chiieh Yung Metal Ind. Corp ................................................................................................................................................. (5) Dezhou Hualude Hardware Products Co., Ltd ...................................................................................................................... (6) Hebei Cangzhou New Century Foreign Trade Co., Ltd ........................................................................................................ (7) Huanghua Jinhai Hardware Products Co., Ltd ...................................................................................................................... (8) Huanghua Xionghua Hardware Products Co., Ltd ................................................................................................................ (9) Nanjing Yuechang Hardware Co., Ltd ................................................................................................................................... (10) Qingdao D&L Group Ltd ...................................................................................................................................................... (11) SDC International Australia Pty., Ltd ................................................................................................................................... (12) Shandong Dinglong Import & Export Co., Ltd ..................................................................................................................... (13) Shandong Oriental Cherry Hardware Group Co., Ltd ......................................................................................................... (14) Shandong Oriental Cherry Hardware Import and Export Co., Ltd ...................................................................................... (15) Shanghai Curvet Hardware Products Co., Ltd .................................................................................................................... (16) Shanghai Yueda Nails Industry Co., Ltd ............................................................................................................................. (17) Shanxi Hairui Trade Co., Ltd ............................................................................................................................................... (18) Shanxi Pioneer Hardware Industrial Co., Ltd ...................................................................................................................... (19) Shanxi Tianli Industries Co., Ltd .......................................................................................................................................... (20) S-Mart (Tianjin) Technology Development Co., Ltd ............................................................................................................ (21) Suntec Industries Co., Ltd ................................................................................................................................................... (22) Suzhou Xingya Nail Co., Ltd ................................................................................................................................................ (23) Tianjin Jinchi Metal Products Co., Ltd ................................................................................................................................. (24) Tianjin Jinghai County Hongli Industry & Business Co., Ltd ............................................................................................... (25) Tianjin Lianda Group Co., Ltd .............................................................................................................................................. (26) Tianjin Universal Machinery Imp & Exp Corporation ........................................................................................................... (27) Tianjin Zhonglian Metals Ware Co., Ltd .............................................................................................................................. (28) Xi’an Metals & Minerals Import and Export Co., Ltd ........................................................................................................... (29) Zhejiang Gem-Chun Hardware Accessory Co., Ltd ............................................................................................................ PRC-Wide Rate 13 ....................................................................................................................................................................... 3.92 41.91 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 10.42 118.04 Assessment Rates The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of sales.14 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate is above de minimis. Where either the respondent’s weightedaverage dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the 27 separate rate companies that were not selected for individual review, we will assign an assessment rate based on the rate we calculated for the mandatory respondents whose rates were not de minimis, as discussed above. We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. The Department recently announced a refinement to its assessment practice in NME cases.15 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate. For a full discussion of FR 65694 (October 24, 2011) (‘‘NME Antidumping Proceedings’’). 11 The Stanley Works (Langfang) Fastening Systems Co., Ltd. (‘‘Stanley Langfang’’), and Stanley Black & Decker, Inc. (‘‘SBD’’) (collectively, ‘‘Stanley’’). 12 See Stanley’s Final Analysis Memorandum (‘‘Stanley Final Analysis Memo’’) and JISCO’s Final Analysis Memorandum (‘‘JISCO Final Analysis Memo’’), both dated concurrently with this notice. 13 See Appendix to the Issues and Decision Memorandum accompanying this notice for a list of the companies receiving the PRC-wide rate. 14 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 15 See NME Antidumping Proceedings. VerDate Mar<15>2010 16:42 Apr 07, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices this practice, see NME Antidumping Proceedings. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for 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 Tariff Act of 1930, as amended (‘‘Act’’): (1) For Stanley, JISCO, and the 27 separate rate companies, the cash deposit rate will be that established in the final results of this review; (2) for previously investigated or reviewed PRC and nonPRC exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Importers Regarding the 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 occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order 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 VerDate Mar<15>2010 16:42 Apr 07, 2014 Jkt 232001 information in this segment of the proceeding. Timely written notification of the return or 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: March 31, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum General Issues Comment 1: SV for Steel Wire Rod Comment 2: Surrogate Financial Ratios A. Selection of Surrogate Financial Companies B. Adjustments to Ratios Comment 3: SV for Welding Wire Comment 4: Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Less-Than-Fair-Value Investigations Comment 5: Consideration of an Alternative Comparison Method in Administrative Reviews Comment 6: The Average-to-Transaction Method and the Denial of Offsets for Non-Dumped Sales Comment 7: Differential Pricing Analysis Comment 8: Whether the Department Properly Rejected Certain Information in Stanley’s Rebuttal SV Submission Company-Specific Issues Comment 9: Whether the Department Properly Accepted Certain Information in One of Stanley’s Supplemental Section C Responses Comment 10: Correction of Errors in Stanley’s Margin Calculation A. VAT Tax Deduction B. Movement Expenses Comment 11: SV for Stanley’s Plastic Beads Comment 12: Whether to Include Certain of JISCO’s Sales in the Margin Calculation Comment 13: Treatment of Entries Misattributed to CPI That Entered under One of CPI’s CBP Case Numbers Comment 14: Treatment of Mingguang Abundant as Part of the PRC-Wide Entity Comment 15: Treatment of China Staple as a No Shipments Company Rather than a Separate Rate Company [FR Doc. 2014–07829 Filed 4–7–14; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 19319 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD–2014–OS–0042] Proposed Collection; Comment Request Office of the Under Secretary of Defense (Personnel and Readiness), DoD. ACTION: Notice. AGENCY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense (Personnel and Readiness) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by June 9, 2014. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. SUMMARY: To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Office of the Under Secretary of Defense (Personnel and Readiness), Department of Defense FOR FURTHER INFORMATION CONTACT: E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19316-19319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07829]


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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 of the Fourth Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') published its

[[Page 19317]]

Preliminary Results of the fourth administrative review of the 
antidumping duty order on certain steel nails from the People's 
Republic of China (``PRC'') on September 16, 2013.\1\ The period of 
review (``POR'') is August 1, 2011, through July 31, 2012. We gave 
interested parties an opportunity to comment on the Preliminary 
Results. Based upon our analysis of the comments received, we made 
changes to the margin calculations for these final results. The final 
dumping margins are listed below in the ``Final Results of the Review'' 
section of this notice.
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails From the People's Republic of China: 
Preliminary Results of the Fourth Antidumping Duty Administrative 
Review, 78 FR 56861 (September 16, 2013) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: April 8, 2014.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Matthew Renkey, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2243 or (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    After the Preliminary Results, parties submitted surrogate value 
(``SV'') comments and rebuttal comments on October 31, 2013, and 
November 12, 2013, respectively. Parties also submitted case and 
rebuttal briefs on issues not relating to JISCO \2\ on December 18, 
2013, and December 23, 2013, respectively. Between January 6, 2014, and 
January 11, 2014, we conducted a verification of JISCO and subsequently 
issued our verification report.\3\
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    \2\ Qingdao JISCO Co., Ltd. and ECO System Corporation (d/b/a 
JISCO Corporation) (collectively, ``JISCO'')
    \3\ See Memorandum to the File, from Javier Barrientos, Senior 
Case Analyst, Office V, and Susan Pulongbarit, Senior Case Analyst, 
Office V, ``Verification of the Sales and Factors of Production of 
Qingdao JISCO Co., Ltd.; JISCO Corporation & ECO System Co., Ltd 
(collectively, ``JISCO'') in the Antidumping Duty Review of Certain 
Steel Nails from the People's Republic of China (``PRC''),'' dated 
February 19, 2014.
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\4\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day.\5\ On January 23, 2014, the Department extended the 
deadline in this proceeding by 60 days.\6\ The revised deadline for the 
final results of this review is now March 31, 2014.
---------------------------------------------------------------------------

    \4\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for the Enforcement and Compliance, ``Deadlines Affected 
by the Shutdown of the Federal Government'' (October 18, 2013).
    \5\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, as Amended, 70 FR 24533, 24533 (May 10, 
2005).
    \6\ See Memorandum to Gary Taverman, ``Certain Steel Nails from 
the People's Republic of China: Extension of Deadline for Final 
Results of the Fourth Antidumping Duty Administrative Review,'' 
dated January 23, 2014.
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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 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. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.
    For a full description of the scope, see ``Certain Steel Nails from 
the People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the Fourth Antidumping Duty Administrative Review,'' 
dated concurrently with this notice (``Issues and Decision 
Memorandum'').

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the 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. The Issues and Decision 
Memorandum is a public document and is on file in the Central Records 
Unit (``CRU''), Room 7046 of the main Department of Commerce building, 
as well as electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the CRU. In addition, a complete version of 
the Issues and Decision Memorandum can be accessed directly on the 
internet at http://trade.gov/enforcement/frn/. The signed 
Issues and Decision Memorandum and the electronic versions of the 
Issues and Decision Memorandum are identical in content.

Determination of No Reviewable Transactions

    In the Preliminary Results, the Department determined that nine 
companies had no shipments of subject merchandise to the United States 
during the POR.\7\ As we stated in the Preliminary Results, based on 
contrary information from U.S. Customs and Border Protection (``CBP'') 
regarding CPI's and Mingguang Abundant's no shipments claims, we issued 
supplemental questionnaires to these two companies. CPI responded to 
our supplemental questionnaire,\8\ while Mingguang Abundant did not.\9\ 
The Department continues to find that CPI had no shipments during the 
POR, and addresses this issue in further detail in Comment 10 of the 
Issues and Decision Memorandum. Because Mingguang Abundant did not 
respond to our supplemental questionnaire to address evidence contrary 
to its no shipments claim, and because it did not submit a separate 
rate application or certification, we are treating it as part of the 
PRC-wide entity for the final results of this review, and this issue is 
addressed in further detail in Comment 11 of the Issues and Decision 
Memorandum. The Department did not receive any comments or information 
which indicated that the other seven No Shipment Respondents made sales 
of subject merchandise to the United States during the POR. Therefore, 
consistent with the Department's refinement to its assessment practice 
in nonmarket economy (``NME'') cases, the Department finds that it is 
appropriate not to rescind the review in these circumstances, but, 
rather, to complete the review with respect to these seven companies 
and issue appropriate instructions to CBP based on the final results of 
the review.\10\
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    \7\ See Preliminary Results, 78 FR at 56861, and accompanying 
Decision Memorandum at 3-4. These companies are: Besco Machinery 
Industry (Zhejiang) Co., Ltd.; Certified Products International Inc. 
(``CPI''); China Staple Enterprise (Tianjin) Co., Ltd. (``China 
Staple''); Jining Huarong Hardware Products Co., Ltd.; Mingguang 
Abundant Hardware Products Co., Ltd. (``Mingguang Abundant''); PT 
Enterprise Inc.; Shanghai Jade Shuttle Hardware Tools Co., Ltd.; 
Shanghai Tengyu Hardware Tools Co., Ltd.; and Shanxi Yuci Broad Wire 
Products Co., Ltd., collectively ``No Shipment Respondents.''
    \8\ See CPI's no shipments supplemental questionnaire response, 
dated October 18, 2013.
    \9\ See Memorandum to the File from Javier Barrientos, Senior 
Case Analyst, ``Documentation of Non-Response to No Shipments 
Supplemental Questionnaire,'' dated March 31, 2014.
    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Antidumping Proceedings'').

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[[Page 19318]]

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the margin calculations for the individually-reviewed 
respondents, Stanley \11\ and JISCO.\12\ For a list of all issues 
addressed in these final results, please refer to the Appendix 
accompanying this notice.
---------------------------------------------------------------------------

    \11\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. 
(``Stanley Langfang''), and Stanley Black & Decker, Inc. (``SBD'') 
(collectively, ``Stanley'').
    \12\ See Stanley's Final Analysis Memorandum (``Stanley Final 
Analysis Memo'') and JISCO's Final Analysis Memorandum (``JISCO 
Final Analysis Memo''), both dated concurrently with this notice.
---------------------------------------------------------------------------

Final Results of the Review

    The final antidumping duty margins for the POR are as follows:

 
------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                         margin (percent)
------------------------------------------------------------------------
(1) Stanley.........................................                3.92
(2) JISCO...........................................               41.91
(3) Cana (Tianjin) Hardware Industrial Co., Ltd.....               10.42
(4) Chiieh Yung Metal Ind. Corp.....................               10.42
(5) Dezhou Hualude Hardware Products Co., Ltd.......               10.42
(6) Hebei Cangzhou New Century Foreign Trade Co.,                  10.42
 Ltd................................................
(7) Huanghua Jinhai Hardware Products Co., Ltd......               10.42
(8) Huanghua Xionghua Hardware Products Co., Ltd....               10.42
(9) Nanjing Yuechang Hardware Co., Ltd..............               10.42
(10) Qingdao D&L Group Ltd..........................               10.42
(11) SDC International Australia Pty., Ltd..........               10.42
(12) Shandong Dinglong Import & Export Co., Ltd.....               10.42
(13) Shandong Oriental Cherry Hardware Group Co.,                  10.42
 Ltd................................................
(14) Shandong Oriental Cherry Hardware Import and                  10.42
 Export Co., Ltd....................................
(15) Shanghai Curvet Hardware Products Co., Ltd.....               10.42
(16) Shanghai Yueda Nails Industry Co., Ltd.........               10.42
(17) Shanxi Hairui Trade Co., Ltd...................               10.42
(18) Shanxi Pioneer Hardware Industrial Co., Ltd....               10.42
(19) Shanxi Tianli Industries Co., Ltd..............               10.42
(20) S-Mart (Tianjin) Technology Development Co.,                  10.42
 Ltd................................................
(21) Suntec Industries Co., Ltd.....................               10.42
(22) Suzhou Xingya Nail Co., Ltd....................               10.42
(23) Tianjin Jinchi Metal Products Co., Ltd.........               10.42
(24) Tianjin Jinghai County Hongli Industry &                      10.42
 Business Co., Ltd..................................
(25) Tianjin Lianda Group Co., Ltd..................               10.42
(26) Tianjin Universal Machinery Imp & Exp                         10.42
 Corporation........................................
(27) Tianjin Zhonglian Metals Ware Co., Ltd.........               10.42
(28) Xi'an Metals & Minerals Import and Export Co.,                10.42
 Ltd................................................
(29) Zhejiang Gem-Chun Hardware Accessory Co., Ltd..               10.42
PRC-Wide Rate \13\..................................              118.04
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \13\ See Appendix to the Issues and Decision Memorandum 
accompanying this notice for a list of the companies receiving the 
PRC-wide rate.
---------------------------------------------------------------------------

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of these final results of this review. In 
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or 
customer-) specific assessment rates for the merchandise subject to 
this review. For any individually examined respondent whose weighted-
average dumping margin is above de minimis (i.e., 0.50 percent), the 
Department will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total entered value of sales.\14\ We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For the 27 separate rate companies that were not selected for 
individual review, we will assign an assessment rate based on the rate 
we calculated for the mandatory respondents whose rates were not de 
minimis, as discussed above. We intend to instruct CBP to liquidate 
entries containing subject merchandise exported by the PRC-wide entity 
at the PRC-wide rate.
    The Department recently announced a refinement to its assessment 
practice in NME cases.\15\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the NME-wide rate. For a full discussion of

[[Page 19319]]

this practice, see NME Antidumping Proceedings.
---------------------------------------------------------------------------

    \15\ See NME Antidumping Proceedings.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
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 Tariff Act of 1930, as amended 
(``Act''): (1) For Stanley, JISCO, and the 27 separate rate companies, 
the cash deposit rate will be that established in the final results of 
this review; (2) for previously investigated or reviewed PRC and non-
PRC exporters that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the 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 occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    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 or 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: March 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

General Issues

Comment 1: SV for Steel Wire Rod
Comment 2: Surrogate Financial Ratios
    A. Selection of Surrogate Financial Companies
    B. Adjustments to Ratios
Comment 3: SV for Welding Wire
Comment 4: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 5: Consideration of an Alternative Comparison Method in 
Administrative Reviews
Comment 6: The Average-to-Transaction Method and the Denial of 
Offsets for Non-Dumped Sales
Comment 7: Differential Pricing Analysis
Comment 8: Whether the Department Properly Rejected Certain 
Information in Stanley's Rebuttal SV Submission

Company-Specific Issues

Comment 9: Whether the Department Properly Accepted Certain 
Information in One of Stanley's Supplemental Section C Responses
Comment 10: Correction of Errors in Stanley's Margin Calculation
    A. VAT Tax Deduction
    B. Movement Expenses
Comment 11: SV for Stanley's Plastic Beads
Comment 12: Whether to Include Certain of JISCO's Sales in the 
Margin Calculation
Comment 13: Treatment of Entries Misattributed to CPI That Entered 
under One of CPI's CBP Case Numbers
Comment 14: Treatment of Mingguang Abundant as Part of the PRC-Wide 
Entity
Comment 15: Treatment of China Staple as a No Shipments Company 
Rather than a Separate Rate Company

[FR Doc. 2014-07829 Filed 4-7-14; 8:45 am]
BILLING CODE 3510-DS-P