Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments and Final Partial Rescission; 2014-2015, 14344-14346 [2017-05429]
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14344
Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
OMB Control Number: 0560–0234.
Summary of Collection: The Farm
Loan Program provides supervised
credit in the form of loans to family
farmers to purchase real estate and
equipment and finance agricultural
production. Authority to establish the
regulatory requirements contained in 7
CFR 767 is provided under section 302
of the Act (7 U.S.C. 1922) which
provides that ‘‘the Secretary is
authorized to make and insure under
this title to farmers . . .’’ Section 339 of
the Act (7 U.S.C. 1989) further provides
that ‘‘the Secretary is authorized to
make such rules and regulations,
prescribe the terms and conditions for
making . . . loans, security instruments
and agreements, except as otherwise
specified herein, and to make such
delegations of authority as he deems
necessary to carry out this title.’’
Need and use of the Information:
Information collections are submitted by
applicants to the local agency office
serving the country in which their
business is headquartered. The
information is necessary to thoroughly
evaluate an applicant’s request to
purchase inventory property and is used
by the agency to determine an
applicant’s eligibility to lease or
purchase inventory property and to
ensure payment of the lease or purchase
amount.
Description of respondents: Business
or other for-profit; Farms.
Number of respondents: 351.
Frequency of responses: Reporting:
On occasion; Annually.
Total burden hours: 616.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2017–05421 Filed 3–17–17; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
sradovich on DSK3GMQ082PROD with NOTICES
Certain Steel Nails From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review, Final Determination of No
Shipments and Final Partial
Rescission; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) published the
Preliminary Results of the seventh
administrative review of the
antidumping duty order on certain steel
AGENCY:
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18:36 Mar 17, 2017
Jkt 241001
nails from the People’s Republic of
China (PRC) on September 12, 2016. 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 calculation
for these final results regarding one of
the mandatory respondents, Stanley. We
also continue to find that the other
mandatory respondent, Tianjin Lianda
Group Co. Ltd. (Tianjin Lianda), is not
eligible for separate rate status and,
thus, is part of the PRC-wide entity. The
final dumping margins are listed below
in the ‘‘Final Results of Administrative
Review’’ section of this notice. The
period of review (‘‘POR’’) is August 1,
2014, through July 31, 2015.
DATES: Effective March 20, 2017.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit or Omar Qureshi,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone 202–482–4031 or
202–482–5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Results 1 on September 12,
2016.2 On December 1, 2016, the
Department extended the deadline in
this proceeding by 60 days.3 The revised
deadline for the final results of this
review is now March 13, 2017.4
In accordance with 19 CFR 351.309,
we invited parties to comment on our
Preliminary Results. On October 31,
2016, Certified Products International,5
Midwest Air Technologies, Inc.,6 Origin
Point Brands,7 Mid Continent Steel &
Wire, Inc. (Petitioner),8 The Stanley
Works (Langfang) Fastening Systems
Co., Ltd. and Stanley Black & Decker
1 See Certain Steel Nails From the People’s
Republic of China: Preliminary Results of the
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 62710 (September 12, 2016)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum.
2 See Preliminary Results.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Susan
Pulongbarit, Senior International Trade Analyst,
Antidumping and Countervailing Duty Operations,
‘‘Certain Steel Nails from the People’s Republic of
China: Extension of the Deadline for the Final
Results of the Seventh Antidumping Duty
Administrative Review,’’ dated December 1, 2016.
4 Id.
5 Certified Products International (CPI)
6 Midwest Air Technologies, Inc. (MAT).
7 Origin Point Brands (OPB).
8 Mid Continent Steel & Wire, Inc. (Petitioner).
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Inc.,9 and Tianjin Lianda Group Co.,
Ltd.10 submitted timely filed case briefs,
pursuant to our regulations.11
Additionally, on November 9, 2016,
Petitioner, Stanley,12 and Tianjin
Lianda submitted timely-filed rebuttal
briefs.13
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
7907.00.6000.14 While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order, which is contained in the
accompanying Issues and Decision
Memorandum (‘‘I&D Memo’’), is
dispositive.15
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs by parties to this
review in the I&D Memo. Attached to
this notice, in Appendix I, is a list of the
issues which parties raised. The I&D
Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Room B8024 of the main
Department of Commerce building, as
9 The Stanley Works (Langfang) Fastening
Systems Co., Ltd. and Stanley Black & Decker Inc.
(Stanley).
10 Tianjin Lianda Group Co., Ltd. (Tianjin
Lianda).
11 See e.g., Letter to the Secretary, from CPI,
regarding ‘‘Case Brief: Seventh Administrative
Review of the Antidumping Duty Order on Certain
Steel Nails from the People’s Republic of China,’’
dated October 31, 2016.
12 The Stanley Works (Langfang) Fastening
Systems Co., Ltd. and Stanley Black & Decker, Inc.
(collectively, Stanley).
13 See e.g., Letter to the Secretary, from Petitioner,
regarding ‘‘Certain Steel Nails from the People’s
Republic of China: Petitioner’s Rebuttal Brief,’’
dated November 9, 2016.
14 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,’’
(September 19, 2013).
15 For a full description of the scope of the Order,
see Memorandum from Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Certain Steel Nails
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Seventh Antidumping Duty Administrative
Review’’ (March 13, 2017) (‘‘I&D Memo’’) which is
adopted by this notice.
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20MRN1
Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the I&D Memo can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed I&D Memo and the
electronic versions of the I&D Memo 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 I&D Memo, we revised the margin
calculation for Stanley. Accordingly, for
the final results, the Department has
updated the margin to be assigned to
companies eligible for a separate rate as
the revised calculated margin of the sole
mandatory respondent, Stanley, whose
margin is not zero, de minimis, or based
on facts available, unlike the other
mandatory respondent, Tianjin Lianda,
whose margin is the PRC-wide entity
rate of 118.04 percent. The Surrogate
Values Memo contains further
explanation of our changes to the
surrogate values selected for Stanley’s
factors of production.16 For a list of all
issues addressed in these final results,
please refer to Appendix I
accompanying this notice.
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Besco Machinery Industry
(Zhejiang) Co., Ltd. (‘‘Besco’’), Jining
Huarong Hardware Products Co., Ltd.,
Nanjing Yuechang Hardware Co., Ltd.,
PT Enterprise Inc., Shanxi Tuci Broad
Wire Products Co., Ltd., and Zhejian
Gem-Chun Hardware Accessory Co.,
Ltd. did not have any reviewable
transactions during the POR.17
Consistent with the Department’s
assessment practice in non-market
economy (‘‘NME’’) cases, we completed
the review with respect to the abovenamed companies. Based on the
certifications submitted by the
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 this review.
Final Partial Rescission of
Antidumping Duty Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90-days of the date of
publication of notice of initiation of the
requested review. Petitioner withdrew
its request for an administrative review
on CPI, Chiieh Yung Metal Industrial
Corporation, Mingguang Abundant
Hardware Products Co., Ltd., and
Shandong Oriental Cherry Hardware
Group; no other party requested a
review of these companies.18
Accordingly, we are rescinding this
review, in part, with respect to these
companies, pursuant to 19 CFR
351.213(d)(1).19
Final Results of Administrative Review
The weighted-average dumping
margins for the administrative review
are as follows:
Weightedaverage
margin
(percent)
Exporter
sradovich on DSK3GMQ082PROD with NOTICES
The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc .......................................................
Dezhou Hualude Hardware Products Co., Ltd ....................................................................................................................................
Hebei Cangzhou New Century Foreign Trade Co., Ltd ......................................................................................................................
Mingguang Ruifeng Hardware Products Co., Ltd ...............................................................................................................................
Nanjing Caiqing Hardware Co., Ltd .....................................................................................................................................................
Qingdao D&L Group 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 Jinchi Metal Products Co., Ltd .................................................................................................................................................
Tianjin Jinghai County Hongli Industry & Business Co., Ltd ..............................................................................................................
Tianjin Universal Machinery Imp. & Exp. Corporation.20 ....................................................................................................................
16 See Memorandum to the File, through Paul
Walker, Program Manager, Office V, Enforcement
and Compliance, from Susan Pulongbarit, Senior
International Trade Analyst, Office V, Enforcement
and Compliance, regarding Seventh 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).
17 The Department inadvertently included
Certified Products International Inc.; Xi’an Metals &
Minerals Import & Export Co., Ltd.; and Shandong
Oriental Cherry Hardware Import & Export Co., Ltd.
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18:36 Mar 17, 2017
Jkt 241001
in the no shipments category in the Preliminary
Results. Therefore, the Department removed these
companies from the no shipments category, as
discussed in Comment 4 in the Issues and Decision
Memorandum.
18 See Issues and Decision Memorandum at
Comment 4.
19 The Department notes that CPI; Chiieh Yung
Metal Industrial Corporation; Mingguang Abundant
Hardware Products Co., Ltd.; and Shandong
Oriental Cherry Hardware Group were
inadvertently added to the separate rate category in
the Preliminary Results. As discussed in Comment
PO 00000
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Sfmt 4703
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
6.22
4 of the I&D Memo, Petitioner timely withdrew its
request for reviews on these companies. Therefore,
the Department removed these companies from the
separate rate category.
20 Although, the Department initiated this
administrative review on Tianjin Universal
Machinery Import and Export Corp., the company
name, Tianjin Universal Machinery Imp. & Exp.
Corporation, was the only name listed in the
business license that was submitted in the separate
rate application. Accordingly, the Department is
granting a separate rate to Tianjin Universal
Machinery Imp. & Exp. Corporation.
E:\FR\FM\20MRN1.SGM
20MRN1
sradovich on DSK3GMQ082PROD with NOTICES
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
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
has determined, and U.S. Customs and
Border Protection (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.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).21 Where the
Department calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, the Department will direct
CBP to assess importer-specific
assessment rates based on the resulting
per-unit rates.22 Where an importer- (or
customer-) specific ad valorem or perunit rate is greater than de minimis (i.e.,
0.50 percent), the Department will
instruct CBP to collect the appropriate
duties at the time of liquidation.23
Where an importer- (or customer-)
specific ad valorem or per-unit rate is
zero or de minimis, the Department will
instruct CBP to liquidate appropriate
entries without regard to antidumping
duties.24 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
assessment 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 entity 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 entity rate.25
21 See
19 CFR 351.212(b)(1).
22 Id.
23 Id.
24 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
25 See
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18:36 Mar 17, 2017
Jkt 241001
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, a zero cash
deposit rate will be required for that
company); (2) for previously
investigated or reviewed PRC and nonPRC 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 PRCWide 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.
Disclosure
We intend to disclose the calculations
performed regarding these final results
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
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 Orders
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(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: March 13, 2017.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Differential Pricing
Methodology
Comment 2: Calculation of Separate Rate
Margin
Comment 3: Clarification of the Scope of
the Order
Comment 4: Rescission for Certain
Companies
Comment 5: Tianjin Lianda’s Separate Rate
Status
Comment 6: Treatment of Stanley’s Scrap
Comment 7: Surrogate Financial Ratio
Calculation
Comment 8: Surrogate Value for Stanley’s
Paper Tape
Comment 9: Surrogate Value for Stanley’s
Sealing Tape
Comment 10: Surrogate Value for Stanley’s
Plastic Granules
Comment 11: Surrogate Value for Stanley’s
Cardboard Corner Board
Comment 12: Surrogate Value for Stanley’s
Insert Paper Board
Comment 13: Surrogate Value for Stanley’s
Pallet Board
V. Conclusion
[FR Doc. 2017–05429 Filed 3–17–17; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–048]
Certain Carbon and Alloy Steel Cut-toLength Plate From the People’s
Republic of China: Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing a
countervailing duty order on Certain
Carbon and Alloy Steel Cut-to-Length
AGENCY:
E:\FR\FM\20MRN1.SGM
20MRN1
Agencies
[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14344-14346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05429]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review, Final Determination
of No Shipments and Final Partial Rescission; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) published the
Preliminary Results of the seventh administrative review of the
antidumping duty order on certain steel nails from the People's
Republic of China (PRC) on September 12, 2016. 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 calculation for these final results regarding one
of the mandatory respondents, Stanley. We also continue to find that
the other mandatory respondent, Tianjin Lianda Group Co. Ltd. (Tianjin
Lianda), is not eligible for separate rate status and, thus, is part of
the PRC-wide entity. The final dumping margins are listed below in the
``Final Results of Administrative Review'' section of this notice. The
period of review (``POR'') is August 1, 2014, through July 31, 2015.
DATES: Effective March 20, 2017.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone 202-482-4031 or 202-482-
5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results \1\ on September
12, 2016.\2\ On December 1, 2016, the Department extended the deadline
in this proceeding by 60 days.\3\ The revised deadline for the final
results of this review is now March 13, 2017.\4\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2014-2015, 81 FR
62710 (September 12, 2016) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ See Preliminary Results.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Susan Pulongbarit, Senior International Trade Analyst, Antidumping
and Countervailing Duty Operations, ``Certain Steel Nails from the
People's Republic of China: Extension of the Deadline for the Final
Results of the Seventh Antidumping Duty Administrative Review,''
dated December 1, 2016.
\4\ Id.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.309, we invited parties to comment on
our Preliminary Results. On October 31, 2016, Certified Products
International,\5\ Midwest Air Technologies, Inc.,\6\ Origin Point
Brands,\7\ Mid Continent Steel & Wire, Inc. (Petitioner),\8\ The
Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black
& Decker Inc.,\9\ and Tianjin Lianda Group Co., Ltd.\10\ submitted
timely filed case briefs, pursuant to our regulations.\11\
Additionally, on November 9, 2016, Petitioner, Stanley,\12\ and Tianjin
Lianda submitted timely-filed rebuttal briefs.\13\
---------------------------------------------------------------------------
\5\ Certified Products International (CPI)
\6\ Midwest Air Technologies, Inc. (MAT).
\7\ Origin Point Brands (OPB).
\8\ Mid Continent Steel & Wire, Inc. (Petitioner).
\9\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and
Stanley Black & Decker Inc. (Stanley).
\10\ Tianjin Lianda Group Co., Ltd. (Tianjin Lianda).
\11\ See e.g., Letter to the Secretary, from CPI, regarding
``Case Brief: Seventh Administrative Review of the Antidumping Duty
Order on Certain Steel Nails from the People's Republic of China,''
dated October 31, 2016.
\12\ The Stanley Works (Langfang) Fastening Systems Co., Ltd.
and Stanley Black & Decker, Inc. (collectively, Stanley).
\13\ See e.g., Letter to the Secretary, from Petitioner,
regarding ``Certain Steel Nails from the People's Republic of China:
Petitioner's Rebuttal Brief,'' dated November 9, 2016.
---------------------------------------------------------------------------
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.\14\ While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order, which is contained in the accompanying
Issues and Decision Memorandum (``I&D Memo''), is dispositive.\15\
---------------------------------------------------------------------------
\14\ 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,'' (September 19, 2013).
\15\ For a full description of the scope of the Order, see
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Ronald
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Certain Steel Nails from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
Seventh Antidumping Duty Administrative Review'' (March 13, 2017)
(``I&D Memo'') which is adopted by this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties to this review in the I&D Memo. Attached to this notice, in
Appendix I, is a list of the issues which parties raised. The I&D Memo
is a public document and is on file in the Central Records Unit
(``CRU''), Room B8024 of the main Department of Commerce building, as
[[Page 14345]]
well as electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the CRU. In addition, a complete version of the I&D Memo can be
accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed I&D Memo and the electronic versions of the I&D
Memo 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 I&D Memo, we revised the margin calculation
for Stanley. Accordingly, for the final results, the Department has
updated the margin to be assigned to companies eligible for a separate
rate as the revised calculated margin of the sole mandatory respondent,
Stanley, whose margin is not zero, de minimis, or based on facts
available, unlike the other mandatory respondent, Tianjin Lianda, whose
margin is the PRC-wide entity rate of 118.04 percent. The Surrogate
Values Memo contains further explanation of our changes to the
surrogate values selected for Stanley's factors of production.\16\ For
a list of all issues addressed in these final results, please refer to
Appendix I accompanying this notice.
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\16\ See Memorandum to the File, through Paul Walker, Program
Manager, Office V, Enforcement and Compliance, from Susan
Pulongbarit, Senior International Trade Analyst, Office V,
Enforcement and Compliance, regarding Seventh 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).
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Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Besco Machinery Industry (Zhejiang) Co., Ltd. (``Besco''), Jining
Huarong Hardware Products Co., Ltd., Nanjing Yuechang Hardware Co.,
Ltd., PT Enterprise Inc., Shanxi Tuci Broad Wire Products Co., Ltd.,
and Zhejian Gem-Chun Hardware Accessory Co., Ltd. did not have any
reviewable transactions during the POR.\17\ Consistent with the
Department's assessment practice in non-market economy (``NME'') cases,
we completed the review with respect to the above-named companies.
Based on the certifications submitted by the 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 this review.
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\17\ The Department inadvertently included Certified Products
International Inc.; Xi'an Metals & Minerals Import & Export Co.,
Ltd.; and Shandong Oriental Cherry Hardware Import & Export Co.,
Ltd. in the no shipments category in the Preliminary Results.
Therefore, the Department removed these companies from the no
shipments category, as discussed in Comment 4 in the Issues and
Decision Memorandum.
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Final Partial Rescission of Antidumping Duty Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90-days of the date of
publication of notice of initiation of the requested review. Petitioner
withdrew its request for an administrative review on CPI, Chiieh Yung
Metal Industrial Corporation, Mingguang Abundant Hardware Products Co.,
Ltd., and Shandong Oriental Cherry Hardware Group; no other party
requested a review of these companies.\18\
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\18\ See Issues and Decision Memorandum at Comment 4.
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Accordingly, we are rescinding this review, in part, with respect
to these companies, pursuant to 19 CFR 351.213(d)(1).\19\
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\19\ The Department notes that CPI; Chiieh Yung Metal Industrial
Corporation; Mingguang Abundant Hardware Products Co., Ltd.; and
Shandong Oriental Cherry Hardware Group were inadvertently added to
the separate rate category in the Preliminary Results. As discussed
in Comment 4 of the I&D Memo, Petitioner timely withdrew its request
for reviews on these companies. Therefore, the Department removed
these companies from the separate rate category.
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Final Results of Administrative Review
The weighted-average dumping margins for the administrative review
are as follows:
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\20\ Although, the Department initiated this administrative
review on Tianjin Universal Machinery Import and Export Corp., the
company name, Tianjin Universal Machinery Imp. & Exp. Corporation,
was the only name listed in the business license that was submitted
in the separate rate application. Accordingly, the Department is
granting a separate rate to Tianjin Universal Machinery Imp. & Exp.
Corporation.
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
The Stanley Works (Langfang) Fastening Systems Co., Ltd. 6.22
and Stanley Black & Decker, Inc........................
Dezhou Hualude Hardware Products Co., Ltd............... 6.22
Hebei Cangzhou New Century Foreign Trade Co., Ltd....... 6.22
Mingguang Ruifeng Hardware Products Co., Ltd............ 6.22
Nanjing Caiqing Hardware Co., Ltd....................... 6.22
Qingdao D&L Group Ltd................................... 6.22
SDC International Aust. PTY. Ltd........................ 6.22
Shandong Dinglong Import & Export Co., Ltd.............. 6.22
Shanghai Curvet Hardware Products Co., Ltd.............. 6.22
Shanghai Yueda Nails Industry Co., Ltd.................. 6.22
Shanxi Hairui Trade Co., Ltd............................ 6.22
Shanxi Pioneer Hardware Industrial Co., Ltd............. 6.22
Shanxi Tianli Industries Co., Ltd....................... 6.22
S-Mart (Tianjin) Technology Development Co., Ltd........ 6.22
Suntec Industries Co., Ltd.............................. 6.22
Tianjin Jinchi Metal Products Co., Ltd.................. 6.22
Tianjin Jinghai County Hongli Industry & Business Co., 6.22
Ltd....................................................
Tianjin Universal Machinery Imp. & Exp. Corporation.\20\ 6.22
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[[Page 14346]]
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 has
determined, and U.S. Customs and Border Protection (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.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\21\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party by the total
sales quantity associated with those transactions, the Department will
direct CBP to assess importer-specific assessment rates based on the
resulting per-unit rates.\22\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), the Department will instruct CBP to collect the
appropriate duties at the time of liquidation.\23\ Where an importer-
(or customer-) specific ad valorem or per-unit rate is zero or de
minimis, the Department will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\24\ We intend to instruct
CBP to liquidate entries containing subject merchandise exported by the
PRC-wide entity at the PRC-wide rate.
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\21\ See 19 CFR 351.212(b)(1).
\22\ Id.
\23\ Id.
\24\ See 19 CFR 351.106(c)(2).
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Pursuant to the Department's assessment 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 entity 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 entity rate.\25\
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\25\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 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, 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.
Disclosure
We intend to disclose the calculations performed regarding these
final results 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
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 Orders
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(a)(3), 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 final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 13, 2017.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Differential Pricing Methodology
Comment 2: Calculation of Separate Rate Margin
Comment 3: Clarification of the Scope of the Order
Comment 4: Rescission for Certain Companies
Comment 5: Tianjin Lianda's Separate Rate Status
Comment 6: Treatment of Stanley's Scrap
Comment 7: Surrogate Financial Ratio Calculation
Comment 8: Surrogate Value for Stanley's Paper Tape
Comment 9: Surrogate Value for Stanley's Sealing Tape
Comment 10: Surrogate Value for Stanley's Plastic Granules
Comment 11: Surrogate Value for Stanley's Cardboard Corner Board
Comment 12: Surrogate Value for Stanley's Insert Paper Board
Comment 13: Surrogate Value for Stanley's Pallet Board
V. Conclusion
[FR Doc. 2017-05429 Filed 3-17-17; 8:45 a.m.]
BILLING CODE 3510-DS-P