Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2013, 58744-58746 [2014-23280]
Download as PDF
<![CDATA[
58744
Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices
Register.9 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.10
The Department intends to issue the
final results of this NSR, which will
include the results of its analysis of
issues raised in all comments and at any
hearing, within 90 days of publication
of these preliminary results, pursuant to
section 751(a)(2)(B)(iv) of the Act.
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment Rates
Upon completion of the final results,
pursuant to 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If we proceed to a
final rescission of this NSR, Foshan
Success’ entry will be assessed at the
rate entered.11 If we do not proceed to
a final rescission of this NSR, pursuant
to 19 CFR 351.212(b)(1), we will
calculate importer-specific (or customer)
ad valorem duty assessment rates. We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review if any importer-specific
assessment rate calculated in the final
results of this review is above de
minimis.12
In either case, the Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
the final results of review. The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
Effective upon publication of the final
rescission or the final results of this
NSR, pursuant to section
751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e), the Department will instruct
CBP to discontinue the option of posting
a bond or security in lieu of a cash
deposit for entries of subject
merchandise by Foshan Success. If the
Department proceeds to a final
rescission of this NSR, the cash deposit
9 See
19 CFR 351.310(c).
19 CFR 351.310(d).
11 See 19 CFR 351.212(c).
12 See 19 CFR 351.106(c)(2).
10 See
VerDate Sep<11>2014
18:09 Sep 29, 2014
rate will continue to be the PRC-wide
rate for Foshan Success because the
Department will not have determined an
individual margin of dumping for
Foshan Success. If the Department
issues final results for this NSR, the
Department will instruct CBP to collect
cash deposits, effective upon the
publication of the final results, at the
rates established therein.
Notification to Interested Parties
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 FR 351.402(f)(2)
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 Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the
Act.
Dated: September 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology Bona fides
Analysis
Conclusion
[FR Doc. 2014–23285 Filed 9–29–14; 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: Preliminary Results
of the Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting the fifth
administrative review of the
antidumping duty order on certain steel
nails (‘‘nails’’) from the People’s
Republic of China (‘‘PRC’’).1 The
AGENCY:
1 See Notice of Antidumping Duty Order: Certain
Steel Nails From the People’s Republic of China, 73
FR 44961 (August 1, 2008) (‘‘Order’’).
Jkt 232001
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Department preliminarily determines
that Stanley Works (Langfang) Fastening
Systems Co., Ltd. and Stanley Black &
Decker, Inc. (collectively ‘‘Stanley’’) and
Xi’an Metals & Minerals Import &
Export Co. Ltd. (‘‘Xi’an Metals’’) sold
subject merchandise in the United
States at prices below normal value
(‘‘NV’’) during the period of review
(‘‘POR’’), August 1, 2012, through July
31, 2013. If these preliminary results are
adopted in the final results, the
Department will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: September 30,
2014.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey or Susan Pulongbarit,
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–
482–2312 or 202–482–4031,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2013, the Department
initiated the fifth administrative review
of the antidumping duty order on nails
from the PRC for the period August 1,
2012, through July 31, 2013.2 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, 2013.3 On April 28, 2014,
the Department fully extended the
deadline for issuing the preliminary
results by 120 days.4 The revised
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 60834
(October 2, 2013) (‘‘Initiation Notice’’). On
November 8, 2013, the Department published a
second notice to list two companies that were
inadvertently omitted from the Initiation Notice.
See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Request for
Revocation in Part, 78 FR 67104 (November 8,
2013).
3 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013).
4 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, through James C. Doyle, Director, Office
V, Antidumping and Countervailing Duty
Operations regarding ‘‘Certain Steel Nails from the
People’s Republic of China: Extension of Deadline
for Preliminary Results of 2012–2013 Antidumping
Duty Administrative Review,’’ dated April 28, 2014.
E:\FR\FM\30SEN1.SGM
30SEN1
58745
Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices
deadline for the preliminary results of
this administrative is now September
18, 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, 7317.00.75, and
7907.00.6000.5 While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.6
Methodology
The Department conducted this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘Act’’).
Constructed export prices and export
prices have been calculated in
accordance with section 772 of the Act.
Because the PRC is a non-market
economy country within the meaning of
section 771(18) of the Act, NV has been
calculated in accordance with section
773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
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 is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Use of Facts Available
For purposes of these preliminary
results, we relied on facts available, in
accordance with section 776(a)(1) the
Act, in determining to use the wire
drawing factors of production data from
one of Stanley’s tollers in lieu of
incomplete data provided by Stanley’s
other toller, whose data accounted for a
small portion of Stanley’s wire-drawing
activity. For a full discussion of this
issue, see the Preliminary Decision
Memorandum at 9.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period August 1, 2012, through July 31,
2013:
Weighted-average
margin
(percent)
Exporter
Stanley .................................................................................................................................................................................
Xi’an Metals .........................................................................................................................................................................
Chiieh Yung Metal Ind. Corp ...............................................................................................................................................
Dezhou Hualude Hardware Products Co., Ltd ....................................................................................................................
Huanghua Jinhai Hardware Products Co. Ltd .....................................................................................................................
Nanjing Yuechang Hardware Co., Ltd .................................................................................................................................
Qingdao D&L Group Ltd ......................................................................................................................................................
Qingdao JISCO Co., Ltd ......................................................................................................................................................
SDC International Aust. PTY. LTD ......................................................................................................................................
Shandong Dinglong Import & Export Co., Ltd .....................................................................................................................
Shanghai Curvet Hardware Products Co., Ltd ....................................................................................................................
Shanghai Yueda Nails Industry Co., Ltd .............................................................................................................................
Shanxi Hairui Trade Co., Ltd ...............................................................................................................................................
Shanxi Pioneer Hardware Industrial Co., Ltd ......................................................................................................................
Shanxi Tianli Industries Co., Ltd .........................................................................................................................................
S-Mart (Tianjin) Technology Development Co., Ltd ............................................................................................................
Suntec Industries Co., LTD .................................................................................................................................................
Tianjin Jinghai County Hongli Industry and Business Co., Ltd ...........................................................................................
Tianjin Universal Machinery Imp. & Exp. Corporation ........................................................................................................
Tianjin Zhonglian Metals Ware Co., Ltd ..............................................................................................................................
Disclosure, Public Comment and
Opportunity To Request a Hearing
tkelley on DSK3SPTVN1PROD with NOTICES
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
5 The Department recently added the Harmonized
Tariff Schedule category 7907.00.6000, ‘‘Other
articles of zinc: Other,’’ to the language of the
Order. See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, through James C. Doyle, Director, Office
9, Antidumping and Countervailing Duty
VerDate Sep<11>2014
18:09 Sep 29, 2014
Jkt 232001
6.69
72.40
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
10.48
of review in the Federal Register.7
Rebuttals to case briefs, which must be
limited to issues raised in the case
briefs, must be filed within five days
after the time limit for filing case briefs.8
Parties who submit arguments are
requested to submit with the argument
(a) a statement of the issue, (b) a brief
summary of the argument, and (c) a
table of authorities.9 Parties submitting
briefs should do so pursuant to the
Department’s electronic filing system,
IA ACCESS.
Any interested party may request a
hearing within 30 days of publication of
this notice.10 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
Operations, regarding ‘‘Certain Steel Nails from the
People’s Republic of China: Cobra Anchors Co. Ltd.
Final Scope Ruling,’’ dated September 19, 2013.
6 See ‘‘Certain Steel Nails from the People’s
Republic of China: Decision Memorandum for the
Preliminary Results of the 2012–2013 Antidumping
Duty Administrative Review,’’ dated concurrently
with and hereby adopted by this notice
(‘‘Preliminary Decision Memorandum’’), for a
complete description of the Scope of the Order.
7 See 19 CFR 351.309(c)(1)(ii).
8 See 19 CFR 351.309(d)(1)–(2).
9 See 19 CFR 351.309(c)(2), (d)(2).
10 See 19 CFR 351.310(c).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
E:\FR\FM\30SEN1.SGM
30SEN1
58746
Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.11
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.12 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For assessment purposes, the
Department applied the assessment rate
calculation method adopted in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final
Modification.13 For any individually
examined respondent whose weighted
average dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, 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 to the total entered value of sales,
in accordance with 19 CFR
351.212(b)(1). Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.14 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.15 For the
respondents that were not selected for
individual examination in this
administrative review and that qualified
11 See
19 CFR 351.310(d).
19 CFR 351.212(b).
13 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).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.106(c)(2).
12 See
VerDate Sep<11>2014
18:09 Sep 29, 2014
Jkt 232001
for a separate rate, the assessment rate
will be based on the average of the
mandatory respondents.16 We intend to
instruct CBP to liquidate entries
containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate.
Pursuant to the Department’s practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. Additionally, if the Department
determines that an exporter 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 PRC-wide rate.17
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
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 sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above 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.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
16 See
Preliminary Decision Memorandum.
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
17 For
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
of the relevant entries during the 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 double
antidumping duties.
This preliminary determination is
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: September 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Case History
2. Scope of the Order
3. Preliminary Determination of No
Shipments
4. Non-Market Economy Country Status
5. Separate Rates
6. PRC-Wide Entity
7. Facts Available
8. Surrogate Country
9. Date of Sale
10. Comparisons to Normal Value
11. Determination of Comparison Method
12. Results of Differential Pricing Analysis
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion
[FR Doc. 2014–23280 Filed 9–29–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Cyber Security Business Development
Mission to Poland and Romania; May
11–15, 2015
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
Mission Description
The United States Department of
Commerce, International Trade
Administration (ITA), is organizing an
Executive-led Cyber Security Business
Development Mission to Poland and
Romania from May 11–15, 2015.
The purpose of the mission is to
introduce U.S. firms and trade
associations to Eastern and Central
Europe’s information and
communication technology (ICT)
security and critical infrastructure
protection markets and to assist U.S.
companies to find business partners and
export their products and services to the
region. The mission is intended to
E:\FR\FM\30SEN1.SGM
30SEN1
]]>Agencies
[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58744-58746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23280]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting the
fifth administrative review of the antidumping duty order on certain
steel nails (``nails'') from the People's Republic of China
(``PRC'').\1\ The Department preliminarily determines that Stanley
Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black &
Decker, Inc. (collectively ``Stanley'') and Xi'an Metals & Minerals
Import & Export Co. Ltd. (``Xi'an Metals'') sold subject merchandise in
the United States at prices below normal value (``NV'') during the
period of review (``POR''), August 1, 2012, through July 31, 2013. If
these preliminary results are adopted in the final results, the
Department will instruct U.S. Customs and Border Protection (``CBP'')
to assess antidumping duties on all appropriate entries of subject
merchandise during the POR. Interested parties are invited to comment
on these preliminary results.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Certain Steel Nails
From the People's Republic of China, 73 FR 44961 (August 1, 2008)
(``Order'').
---------------------------------------------------------------------------
DATES: Effective Date: September 30, 2014.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Susan Pulongbarit,
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 202-482-2312
or 202-482-4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2013, the Department initiated the fifth
administrative review of the antidumping duty order on nails from the
PRC for the period August 1, 2012, through July 31, 2013.\2\ 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.\3\ On April 28,
2014, the Department fully extended the deadline for issuing the
preliminary results by 120 days.\4\ The revised
[[Page 58745]]
deadline for the preliminary results of this administrative is now
September 18, 2014.
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
60834 (October 2, 2013) (``Initiation Notice''). On November 8,
2013, the Department published a second notice to list two companies
that were inadvertently omitted from the Initiation Notice. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 78 FR 67104 (November 8,
2013).
\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\4\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and Countervailing Duty
Operations regarding ``Certain Steel Nails from the People's
Republic of China: Extension of Deadline for Preliminary Results of
2012-2013 Antidumping Duty Administrative Review,'' dated April 28,
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,
7317.00.75, and 7907.00.6000.\5\ While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.\6\
---------------------------------------------------------------------------
\5\ The Department recently added the Harmonized Tariff Schedule
category 7907.00.6000, ``Other articles of zinc: Other,'' to the
language of the Order. See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty Operations, through
James C. Doyle, Director, Office 9, Antidumping and Countervailing
Duty Operations, regarding ``Certain Steel Nails from the People's
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,''
dated September 19, 2013.
\6\ See ``Certain Steel Nails from the People's Republic of
China: Decision Memorandum for the Preliminary Results of the 2012-
2013 Antidumping Duty Administrative Review,'' dated concurrently
with and hereby adopted by this notice (``Preliminary Decision
Memorandum''), for a complete description of the Scope of the Order.
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(``Act''). Constructed export prices and export prices have been
calculated in accordance with section 772 of the Act. Because the PRC
is a non-market economy country within the meaning of section 771(18)
of the Act, NV has been calculated in accordance with section 773(c) of
the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file 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 is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Use of Facts Available
For purposes of these preliminary results, we relied on facts
available, in accordance with section 776(a)(1) the Act, in determining
to use the wire drawing factors of production data from one of
Stanley's tollers in lieu of incomplete data provided by Stanley's
other toller, whose data accounted for a small portion of Stanley's
wire-drawing activity. For a full discussion of this issue, see the
Preliminary Decision Memorandum at 9.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period August 1, 2012,
through July 31, 2013:
------------------------------------------------------------------------
Weighted-average margin
Exporter (percent)
------------------------------------------------------------------------
Stanley........................................ 6.69
Xi'an Metals................................... 72.40
Chiieh Yung Metal Ind. Corp.................... 10.48
Dezhou Hualude Hardware Products Co., Ltd...... 10.48
Huanghua Jinhai Hardware Products Co. Ltd...... 10.48
Nanjing Yuechang Hardware Co., Ltd............. 10.48
Qingdao D&L Group Ltd.......................... 10.48
Qingdao JISCO Co., Ltd......................... 10.48
SDC International Aust. PTY. LTD............... 10.48
Shandong Dinglong Import & Export Co., Ltd..... 10.48
Shanghai Curvet Hardware Products Co., Ltd..... 10.48
Shanghai Yueda Nails Industry Co., Ltd......... 10.48
Shanxi Hairui Trade Co., Ltd................... 10.48
Shanxi Pioneer Hardware Industrial Co., Ltd.... 10.48
Shanxi Tianli Industries Co., Ltd.............. 10.48
S-Mart (Tianjin) Technology Development Co., 10.48
Ltd...........................................
Suntec Industries Co., LTD..................... 10.48
Tianjin Jinghai County Hongli Industry and 10.48
Business Co., Ltd.............................
Tianjin Universal Machinery Imp. & Exp. 10.48
Corporation...................................
Tianjin Zhonglian Metals Ware Co., Ltd......... 10.48
------------------------------------------------------------------------
Disclosure, Public Comment and Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\7\ Rebuttals to case briefs, which must be limited to
issues raised in the case briefs, must be filed within five days after
the time limit for filing case briefs.\8\ Parties who submit arguments
are requested to submit with the argument (a) a statement of the issue,
(b) a brief summary of the argument, and (c) a table of authorities.\9\
Parties submitting briefs should do so pursuant to the Department's
electronic filing system, IA ACCESS.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1)-(2).
\9\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues
[[Page 58746]]
to be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\11\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\12\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification.\13\ For any individually
examined respondent whose weighted average dumping margin is above de
minimis (i.e., 0.50 percent) in the final results of this review, 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 to the total entered value of sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-)
specific ad valorem rate is greater than de minimis, the Department
will instruct CBP to collect the appropriate duties at the time of
liquidation.\14\ Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
ad valorem is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\15\
For the respondents that were not selected for individual examination
in this administrative review and that qualified for a separate rate,
the assessment rate will be based on the average of the mandatory
respondents.\16\ We intend to instruct CBP to liquidate entries
containing subject merchandise exported by the PRC-wide entity at the
PRC-wide rate.
---------------------------------------------------------------------------
\13\ 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).
\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.106(c)(2).
\16\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to the Department's practice, for entries that were not
reported in the U.S. sales databases submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter 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 PRC-wide rate.\17\
---------------------------------------------------------------------------
\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above 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.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the 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 double antidumping duties.
This preliminary determination is issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: September 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Case History
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Non-Market Economy Country Status
5. Separate Rates
6. PRC-Wide Entity
7. Facts Available
8. Surrogate Country
9. Date of Sale
10. Comparisons to Normal Value
11. Determination of Comparison Method
12. Results of Differential Pricing Analysis
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion
[FR Doc. 2014-23280 Filed 9-29-14; 8:45 am]
BILLING CODE 3510-DS-P
