Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 18816-18818 [2015-08101]
Download as PDF
<![CDATA[
18816
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
review period. 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fides Inquiry
6. Non-Market Economy Country Status
7. Separate Rates Determination
A. Absence of De Jure Control
B. Absence of De Facto Control
8. The PRC-Wide Entity
9. Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable
Merchandise
C. Data Availability
10. Date of Sale
11. Fair Value Comparisons
A. Export Price
B. Value-Added Tax
C. Normal Value
12. Factor Valuation Methodology
A. ME Prices
B. Surrogate Values
13. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
14. Currency Conversion
15. Recommendation
[FR Doc. 2015–07952 Filed 4–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Certain Steel Nails from the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published the
Preliminary Results of the fifth
administrative review of certain steel
nails (‘‘nails’’) from the People’s
Republic of China (‘‘PRC’’) on
AGENCY:
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
September 30, 2014.1 We gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments and information received, we
made changes to the margin calculations
for these final results. The final
dumping margins are listed below in the
‘‘Final Results of the Administrative
Review’’ section of this notice. The
period of review (‘‘POR’’) is August 1,
2012, through July 31, 2013.
DATES: Effective Date: April 8, 2015.
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
The Department published the
Preliminary Results on September 30,
2014.2 On February 9, 2015, we released
the sales and factors of production
(‘‘FOP’’) verification reports for
Stanley.3 Between February 12 and
February 24, 2015, interested parties
submitted case and rebuttal briefs. On
January 20, 2015, the Department
extended the deadline for the final
results to March 30, 2015.4
Scope of the Order
The merchandise covered by the order
includes certain steel nails having a
shaft length up to 12 inches. Certain
1 See Certain Steel from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review; 2012–2013, 79 FR
58744 (September 30, 2014) (‘‘Preliminary
Results’’), and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Results.
3 The Stanley Works (Langfang) Fastening
Systems Co., Ltd. and Stanley Black & Decker, Inc.
(collectively ‘‘Stanley’’); see the memoranda to the
file ‘‘Verification of the Questionnaire Responses of
Stanley Black & Decker, Inc. (‘‘SBD’’) in the 2012–
2013 Antidumping Duty Review of Certain Steel
Nails from the People’s Republic of China
(‘‘PRC’’),’’ and Verification of the Questionnaire
Responses of The Stanley Works (Langfang)
Fastening Systems Co., Ltd. (‘‘Stanley Langfang’’) in
the 2012–2013 Antidumping Duty Review of
Certain Steel Nails from the People’s Republic of
China (‘‘PRC’’), both dated February 9, 2015.
4 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Matthew
Renkey, Senior International Trade Compliance
Analyst, Office V, Antidumping and Countervailing
Duty Operations regarding Certain Steel Nails from
the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review, dated January 20, 2015.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the Issues and Decision
Memorandum. 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 (‘‘ACCESS’’).7
ACCESS is available to registered users
at https://access.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://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we revised the margin calculation for
Stanley. Accordingly, for the final
results, the Department has updated the
margin to be assigned to companies
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: Issues and Decision
Memorandum for the Final Results of the Fifth
Antidumping Duty Administrative Review,’’ dated
concurrently with and hereby adopted by this
notice (‘‘Issues and Decision Memorandum’’), for a
complete description of the Scope of the Order.
7 On November 24, 2014, Enforcement and
Compliance changed the name of its centralized
electronic service system to ACCESS. The Web site
location was changed from https://iaaccess.trade.gov
to https://access.trade.gov. The Final Rule changing
the references to the centralized electronic service
system to ACCESS in the Department’s regulations
can be found at 79 FR 69046 (November 20, 2014).
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
eligible for a separate rate as the
weighted average of the revised
calculated margins of the mandatory
respondents.8 The Surrogate Values
Memo contains further explanation of
our changes to the surrogate values
selected for Stanley’s and Xi’an Metals
& Minerals Import & Export Co. Ltd.’s
(‘‘Xi’an Metals’’) factors of production.9
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Besco Machinery Industry
(Zhejiang) Co., Ltd., Certified Products
International Inc. (‘‘CPI’’), Hebei
Cangzhou New Century Foreign Trade
Co., Ltd. (‘‘New Century’’), Huanghua
Xionghua Hardware Products Co., Ltd.,
Jining Huarong Hardware Products Co.,
Ltd., Shandong Oriental Cherry
Hardware Import & Export Co., Ltd.,
Shanghai Jade Shuttle Hardware Tools
Co., Ltd., Shanghai Tengyu Hardware
Tools Co., Ltd., Tianjin Jinchi Metal
Products Co., Ltd., and Zhejiang GemChun Hardware Accessory Co., Ltd. did
not have any reviewable transactions
during the POR.10 Consistent with the
Department’s refinement to its
assessment practice in non-market
economy (‘‘NME’’) cases, we completed
the review with respect to the abovenamed companies.11 With respect to
New Century, we obtained information
from CBP indicating that it had
reviewable transactions during the POR,
which contradicts its no-shipment
certification. Consequently, the
Department is now treating New
Century as part of the PRC-wide entity
for the final results. For a full discussion
of our findings and determination with
respect to New Century, see the Issues
and Decision Memorandum at Comment
10. Based on the certifications
submitted by the remaining
aforementioned companies, and our
analysis of CBP information, we
continue to determine that these
companies did not have any reviewable
transactions during the POR. As noted
in the ‘‘Assessment Rates’’ section
below, the Department intends to issue
appropriate instructions to CBP for the
above-named companies based on the
final results of the review.
Final Results of the Review
The weighted-average dumping
margins for the final results of this
administrative review are as
follows: 12 13
Weightedaverage
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 .....................................................................................................................................
Shandong Oriental Cherry Hardware Group Co., Ltd 12 .....................................................................................................................
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 Lianda Group Co., Ltd .............................................................................................................................................................
Tianjin Universal Machinery Imp. & Exp. Corporation ........................................................................................................................
Tianjin Zhonglian Metals Ware Co., Ltd ..............................................................................................................................................
PRC-Wide Entity 13 ..............................................................................................................................................................................
Disclosure
Assessment Rates
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice, in
accordance with section 351.224(b) of
the Department’s regulations.
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’) and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
asabaliauskas on DSK5VPTVN1PROD with NOTICES
8 See
Preliminary Results.
Memorandum to the File, through Scot T.
Fullerton, Program Manager, Office V, Enforcement
and Compliance, from Susan Pulongbarit, Senior
International Trade Analyst, Office V, Enforcement
and Compliance, regarding Fifth Antidumping
Administrative Review of Certain Steel Nails from
the People’s Republic of China: Surrogate Values for
the Final Results, dated concurrently with and
hereby adopted by this notice (Surrogate Values
Memo).
10 See Preliminary Results. In those Preliminary
Results, Jining Huarong Hardware Products Co.,
9 See
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
Ltd. and Shandong Oriental Cherry Hardware
Import & Export Co., Ltd. were inadvertently
identified as part of the PRC-wide entity instead of
companies reporting no shipments during the POR
in the appendix to the Preliminary Decision
Memorandum. We are correcting this error for the
final results. See the Issues and Decision
Memorandum at ‘‘Additional Correction of Clerical
Errors.’’
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–65695 (October 24, 2011).
PO 00000
Frm 00012
Fmt 4703
18817
Sfmt 4703
13.19
72.52
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
16.62
118.04
merchandise in accordance with the
final results of this review. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
12 In the Preliminary Results, the Department
inadvertently excluded Shandong Oriental Cherry
Hardware Group Co., Ltd., in identifying companies
establishing eligibility for a separate rate. We are
correcting this error for the final results. See the
Issues and Decision Memorandum at ‘‘Additional
Correction of Clerical Errors.’’
13 The PRC-wide entity now includes New
Century. See Appendix to the Issues and Decision
Memorandum accompanying this notice for a list of
the companies receiving the PRC-wide rate.
E:\FR\FM\08APN1.SGM
08APN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
18818
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
For assessment purposes, where the
respondent reported reliable entered
values, we calculated importer (or
customer)-specific assessment rates for
merchandise subject to this review. We
will continue to direct CBP to assess
importer-specific assessment rates based
on the resulting per-unit (i.e., per
kilogram (kg)) rates by the weight in kgs
of each entry of the subject merchandise
during the POR. Specifically, we
calculated importer-specific duty
assessment rates on a per-unit rate basis
by dividing the total dumping margins
(calculated as the difference between
normal value and export price, or
constructed export price) for each
importer by the total sales quantity of
subject merchandise sold to that
importer during the POR.14 If an
importer (or customer)-specific
assessment rate is de minimis (i.e., less
than 0.50 percent), the Department will
instruct CBP to assess that importer (or
customer’s) entries of subject
merchandise without regard to
antidumping duties, in accordance with
19 CFR 351.106(c)(2).
The Department announced a
refinement to its assessment practice in
NME cases. 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 PRC-wide
rate. In addition, 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 will
be liquidated at the PRC-wide rate.15
The Department determines that
Besco Machinery Industry (Zhejiang)
Co., Ltd., Certified Products
International Inc. (‘‘CPI’’), Huanghua
Xionghua Hardware Products Co., Ltd.,
Jining Huarong Hardware Products Co.,
Ltd., Shandong Oriental Cherry
Hardware Import & Export Co., Ltd.
(‘‘Oriental Cherry’’), Shanghai Jade
Shuttle Hardware Tools Co., Ltd.,
Shanghai Tengyu Hardware Tools Co.,
Ltd., Tianjin Jinchi Metal Products Co.,
Ltd., and Zhejiang Gem-Chun Hardware
Accessory Co., Ltd. did not have any
reviewable transactions during the POR.
As a result, any suspended entries that
entered under these exporters’ case
numbers (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.
14 See
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also Preliminary
Decision Memorandum, at 4–5.
15 See
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 118.04 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. The deposit requirements,
when imposed, shall remain in effect
until further notice.
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.
Notification Regarding 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
PO 00000
Frm 00013
Fmt 4703
Sfmt 9990
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing these
administrative reviews and notice in
accordance with sections 751(a)(l) and
777(i) of the Act.
Dated: March 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate
Country
Comment 2: Steel Wire Rod SV Source
Comment 3: Which HTS Categories to Use for
the SV for Steel Wire Rod
Comment 4: Treatment of Two Labor-Related
Line Items in the Financial Ratio
Calculations
Comment 5: Brokerage and Handling
Comment 6: Letter of Credit Adjustment
Comment 7: Consideration of an Alternative
Comparison Method in Administrative
Reviews
Comment 8: Withdrawal of the Regulatory
Provisions Governing Targeted Dumping
in Less-than-Fair-Value Investigations
Comment 9: Application of the Differential
Pricing Analysis
Comment 10: Hebei Cangzhou New Century
Foreign Trade Co., Ltd.’s Status as a No
Shipments Company
Comment 11: Correction of a Clerical Error in
Not Listing Tianjin Lianda as a Separate
Rate Company
Comment 12: SV for Stanley’s Plastic Beads
Comment 13: SV for Stanley’s Chromate,
Chromium Trioxide
Comment 14: SV for Stanley’s Thermal
Transfer Ribbon
Comment 15: Use of Customer Code or
Common Customer Code in the Cohen’s
d Test to Identify the Purchaser in
Stanley’s Margin Program
Comment 16: Stanley’s Use of Steam and
Gasoline
Comment 17: Scrap Offset for Stanley’s
Toller A
Comment 18: Scrap Offset for Stanley’s
Toller B
Comment 19: Correction of a Ministerial
Error Pertaining to Freight Revenue in
Stanley’s Margin Calculation Program
Comment 20: Usage Rates for Three Chemical
Inputs Used by Toller A in the Pickling
and Phosphating Process
Recommendation
[FR Doc. 2015–08101 Filed 4–7–15; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18816-18818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08101]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published the
Preliminary Results of the fifth administrative review of certain steel
nails (``nails'') from the People's Republic of China (``PRC'') on
September 30, 2014.\1\ We gave interested parties an opportunity to
comment on the Preliminary Results. Based upon our analysis of the
comments and information received, we made changes to the margin
calculations for these final results. The final dumping margins are
listed below in the ``Final Results of the Administrative Review''
section of this notice. The period of review (``POR'') is August 1,
2012, through July 31, 2013.
---------------------------------------------------------------------------
\1\ See Certain Steel from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2012-2013, 79 FR 58744 (September 30, 2014) (``Preliminary
Results''), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: April 8, 2015.
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
The Department published the Preliminary Results on September 30,
2014.\2\ On February 9, 2015, we released the sales and factors of
production (``FOP'') verification reports for Stanley.\3\ Between
February 12 and February 24, 2015, interested parties submitted case
and rebuttal briefs. On January 20, 2015, the Department extended the
deadline for the final results to March 30, 2015.\4\
---------------------------------------------------------------------------
\2\ See Preliminary Results.
\3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and
Stanley Black & Decker, Inc. (collectively ``Stanley''); see the
memoranda to the file ``Verification of the Questionnaire Responses
of Stanley Black & Decker, Inc. (``SBD'') in the 2012-2013
Antidumping Duty Review of Certain Steel Nails from the People's
Republic of China (``PRC''),'' and Verification of the Questionnaire
Responses of The Stanley Works (Langfang) Fastening Systems Co.,
Ltd. (``Stanley Langfang'') in the 2012-2013 Antidumping Duty Review
of Certain Steel Nails from the People's Republic of China
(``PRC''), both dated February 9, 2015.
\4\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations from Matthew Renkey, Senior
International Trade Compliance Analyst, Office V, Antidumping and
Countervailing Duty Operations regarding Certain Steel Nails from
the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review, dated January 20,
2015.
---------------------------------------------------------------------------
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: Issues and Decision Memorandum for the Final Results of the
Fifth Antidumping Duty Administrative Review,'' dated concurrently
with and hereby adopted by this notice (``Issues and Decision
Memorandum''), for a complete description of the Scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. 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 (``ACCESS'').\7\ ACCESS is
available to registered users at https://access.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://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ On November 24, 2014, Enforcement and Compliance changed the
name of its centralized electronic service system to ACCESS. The Web
site location was changed from https://iaaccess.trade.gov to https://access.trade.gov. The Final Rule changing the references to the
centralized electronic service system to ACCESS in the Department's
regulations can be found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we revised the
margin calculation for Stanley. Accordingly, for the final results, the
Department has updated the margin to be assigned to companies
[[Page 18817]]
eligible for a separate rate as the weighted average of the revised
calculated margins of the mandatory respondents.\8\ The Surrogate
Values Memo contains further explanation of our changes to the
surrogate values selected for Stanley's and Xi'an Metals & Minerals
Import & Export Co. Ltd.'s (``Xi'an Metals'') factors of production.\9\
---------------------------------------------------------------------------
\8\ See Preliminary Results.
\9\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office V, Enforcement and Compliance, from Susan
Pulongbarit, Senior International Trade Analyst, Office V,
Enforcement and Compliance, regarding Fifth Antidumping
Administrative Review of Certain Steel Nails from the People's
Republic of China: Surrogate Values for the Final Results, dated
concurrently with and hereby adopted by this notice (Surrogate
Values Memo).
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Besco Machinery Industry (Zhejiang) Co., Ltd., Certified Products
International Inc. (``CPI''), Hebei Cangzhou New Century Foreign Trade
Co., Ltd. (``New Century''), Huanghua Xionghua Hardware Products Co.,
Ltd., Jining Huarong Hardware Products Co., Ltd., Shandong Oriental
Cherry Hardware Import & Export Co., Ltd., Shanghai Jade Shuttle
Hardware Tools Co., Ltd., Shanghai Tengyu Hardware Tools Co., Ltd.,
Tianjin Jinchi Metal Products Co., Ltd., and Zhejiang Gem-Chun Hardware
Accessory Co., Ltd. did not have any reviewable transactions during the
POR.\10\ Consistent with the Department's refinement to its assessment
practice in non-market economy (``NME'') cases, we completed the review
with respect to the above-named companies.\11\ With respect to New
Century, we obtained information from CBP indicating that it had
reviewable transactions during the POR, which contradicts its no-
shipment certification. Consequently, the Department is now treating
New Century as part of the PRC-wide entity for the final results. For a
full discussion of our findings and determination with respect to New
Century, see the Issues and Decision Memorandum at Comment 10. Based on
the certifications submitted by the remaining aforementioned companies,
and our analysis of CBP information, we continue to determine that
these companies did not have any reviewable transactions during the
POR. As noted in the ``Assessment Rates'' section below, the Department
intends to issue appropriate instructions to CBP for the above-named
companies based on the final results of the review.
---------------------------------------------------------------------------
\10\ See Preliminary Results. In those Preliminary Results,
Jining Huarong Hardware Products Co., Ltd. and Shandong Oriental
Cherry Hardware Import & Export Co., Ltd. were inadvertently
identified as part of the PRC-wide entity instead of companies
reporting no shipments during the POR in the appendix to the
Preliminary Decision Memorandum. We are correcting this error for
the final results. See the Issues and Decision Memorandum at
``Additional Correction of Clerical Errors.''
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------
Final Results of the Review
The weighted-average dumping margins for the final results of this
administrative review are as follows: 12 13
---------------------------------------------------------------------------
\12\ In the Preliminary Results, the Department inadvertently
excluded Shandong Oriental Cherry Hardware Group Co., Ltd., in
identifying companies establishing eligibility for a separate rate.
We are correcting this error for the final results. See the Issues
and Decision Memorandum at ``Additional Correction of Clerical
Errors.''
\13\ The PRC-wide entity now includes New Century. See Appendix
to the Issues and Decision Memorandum accompanying this notice for a
list of the companies receiving the PRC-wide rate.
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Stanley................................................. 13.19
Xi'an Metals............................................ 72.52
Chiieh Yung Metal Ind. Corp............................. 16.62
Dezhou Hualude Hardware Products Co., Ltd............... 16.62
Huanghua Jinhai Hardware Products Co. Ltd............... 16.62
Nanjing Yuechang Hardware Co., Ltd...................... 16.62
Qingdao D&L Group Ltd................................... 16.62
Qingdao JISCO Co., Ltd.................................. 16.62
SDC International Aust. PTY. LTD........................ 16.62
Shandong Dinglong Import & Export Co., Ltd.............. 16.62
Shandong Oriental Cherry Hardware Group Co., Ltd \12\... 16.62
Shanghai Curvet Hardware Products Co., Ltd.............. 16.62
Shanghai Yueda Nails Industry Co., Ltd.................. 16.62
Shanxi Hairui Trade Co., Ltd............................ 16.62
Shanxi Pioneer Hardware Industrial Co., Ltd............. 16.62
Shanxi Tianli Industries Co., Ltd....................... 16.62
S-Mart (Tianjin) Technology Development Co., Ltd........ 16.62
Suntec Industries Co., LTD.............................. 16.62
Tianjin Jinghai County Hongli Industry and Business Co., 16.62
Ltd....................................................
Tianjin Lianda Group Co., Ltd........................... 16.62
Tianjin Universal Machinery Imp. & Exp. Corporation..... 16.62
Tianjin Zhonglian Metals Ware Co., Ltd.................. 16.62
PRC-Wide Entity \13\.................................... 118.04
------------------------------------------------------------------------
Disclosure
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with section 351.224(b) of the Department's
regulations.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.212(b), the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of the final
results of this administrative review.
[[Page 18818]]
For assessment purposes, where the respondent reported reliable
entered values, we calculated importer (or customer)-specific
assessment rates for merchandise subject to this review. We will
continue to direct CBP to assess importer-specific assessment rates
based on the resulting per-unit (i.e., per kilogram (kg)) rates by the
weight in kgs of each entry of the subject merchandise during the POR.
Specifically, we calculated importer-specific duty assessment rates on
a per-unit rate basis by dividing the total dumping margins (calculated
as the difference between normal value and export price, or constructed
export price) for each importer by the total sales quantity of subject
merchandise sold to that importer during the POR.\14\ If an importer
(or customer)-specific assessment rate is de minimis (i.e., less than
0.50 percent), the Department will instruct CBP to assess that importer
(or customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
The Department announced a refinement to its assessment practice in
NME cases. 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 PRC-wide rate. In addition, 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 will be liquidated at the PRC-wide rate.\15\
---------------------------------------------------------------------------
\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
Preliminary Decision Memorandum, at 4-5.
---------------------------------------------------------------------------
The Department determines that Besco Machinery Industry (Zhejiang)
Co., Ltd., Certified Products International Inc. (``CPI''), Huanghua
Xionghua Hardware Products Co., Ltd., Jining Huarong Hardware Products
Co., Ltd., Shandong Oriental Cherry Hardware Import & Export Co., Ltd.
(``Oriental Cherry''), Shanghai Jade Shuttle Hardware Tools Co., Ltd.,
Shanghai Tengyu Hardware Tools Co., Ltd., Tianjin Jinchi Metal Products
Co., Ltd., and Zhejiang Gem-Chun Hardware Accessory Co., Ltd. did not
have any reviewable transactions during the POR. As a result, any
suspended entries that entered under these exporters' case numbers
(i.e., at that exporter's rate) will be liquidated at the PRC-wide
rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate of 118.04
percent; and (4) for all non-PRC exporters of subject merchandise which
have not received their own rate, the cash deposit rate will be the
rate applicable to the PRC exporters that supplied that non-PRC
exporter. The deposit requirements, when imposed, shall remain in
effect until further notice.
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.
Notification Regarding 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 these administrative reviews and
notice in accordance with sections 751(a)(l) and 777(i) of the Act.
Dated: March 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate Country
Comment 2: Steel Wire Rod SV Source
Comment 3: Which HTS Categories to Use for the SV for Steel Wire Rod
Comment 4: Treatment of Two Labor-Related Line Items in the
Financial Ratio Calculations
Comment 5: Brokerage and Handling
Comment 6: Letter of Credit Adjustment
Comment 7: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 8: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-than-Fair-Value Investigations
Comment 9: Application of the Differential Pricing Analysis
Comment 10: Hebei Cangzhou New Century Foreign Trade Co., Ltd.'s
Status as a No Shipments Company
Comment 11: Correction of a Clerical Error in Not Listing Tianjin
Lianda as a Separate Rate Company
Comment 12: SV for Stanley's Plastic Beads
Comment 13: SV for Stanley's Chromate, Chromium Trioxide
Comment 14: SV for Stanley's Thermal Transfer Ribbon
Comment 15: Use of Customer Code or Common Customer Code in the
Cohen's d Test to Identify the Purchaser in Stanley's Margin Program
Comment 16: Stanley's Use of Steam and Gasoline
Comment 17: Scrap Offset for Stanley's Toller A
Comment 18: Scrap Offset for Stanley's Toller B
Comment 19: Correction of a Ministerial Error Pertaining to Freight
Revenue in Stanley's Margin Calculation Program
Comment 20: Usage Rates for Three Chemical Inputs Used by Toller A
in the Pickling and Phosphating Process
Recommendation
[FR Doc. 2015-08101 Filed 4-7-15; 8:45 am]
BILLING CODE 3510-DS-P
