Certain Steel Nails From the People's Republic of China: Final Results of the Fourth Antidumping Duty Administrative Review, 19316-19319 [2014-07829]
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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.
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SUMMARY:
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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:
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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:
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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:
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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).
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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 https://
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
https://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.
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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
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Continued
08APN1
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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
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(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.
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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
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16:42 Apr 07, 2014
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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
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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: https://
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 https://
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:
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]]>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]
-----------------------------------------------------------------------
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'').
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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.
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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.
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\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 https://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 https://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.
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\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.
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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
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\13\ See Appendix to the Issues and Decision Memorandum
accompanying this notice for a list of the companies receiving the
PRC-wide rate.
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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.
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\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).
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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.
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\15\ See NME Antidumping Proceedings.
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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
