Certain Steel Nails From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016-2017, 24751-24753 [2019-11126]
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Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
their own rate, the cash deposit rate will
be the rate applicable to the China
exporter that supplied that non-China
exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice also serves as a final
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 this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) 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/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 that
is subject to sanction.
This notice of the final results of this
antidumping duty administrative review
is issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: May 21, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
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Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Commerce Should Assign the
Mandatory Respondent Decca a Rate
Based on Total Adverse Facts Available
V. Recommendation
[FR Doc. 2019–11081 Filed 5–28–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2019, the
Department of Commerce (Commerce)
published in the Federal Register the
final results of the administrative review
of the antidumping duty (AD) order on
certain steel nails from the People’s
Republic of China (China). Commerce is
amending the final results of the
administrative review to correct an
unintentional ministerial error.
DATES: Applicable May 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit or Benito Ballesteros,
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
202–482–7425, respectively.
SUPPLEMENTARY INFORMATION: On April
24, 2019, Commerce published in the
Federal Register the final results of the
administrative review of certain steel
nails from China.1 No interested party
submitted ministerial allegations
concerning the Final Results. Following
the publication of the Final Results,
Commerce identified a ministerial error
in Dezhou Hualude Hardware Products
Co., Ltd.’s (Dezhou Hualude) final
results margin calculation program.2
AGENCY:
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to final
1 See Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, and Final
Determination of No Shipments; 2016–2017, 84 FR
17134 (April 24, 2019) (Final Results) and
accompanying Issues and Decision Memorandum
(IDM).
2 See Memorandum, ‘‘Administrative Review
Certain Steel Nails from the People’s Republic of
China; 2016–2017: Ministerial Error
Memorandum,’’ dated concurrently with this notice
(Ministerial Error Memorandum).
3 See also 19 CFR 351.224(f).
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24751
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending the final
results of review . . . .’’ Even when
interested parties do not submit
ministerial error comments, Commerce
has the authority to self-correct
ministerial errors provided the selfcorrection occurs within the statutory
timeline for judicial review.4
Ministerial Errors
In the Final Results, we stated our
intention to adjust U.S. price in the
margin programming for Dezhou
Hualude’s international freight and
marine insurance expenses.5 However,
following the Final Results, we observed
that the SAS code input into the
program inadvertently caused the
program to create missing values for the
international freight expenses pertaining
to sales to certain importers, which in
turn removed those sales from the
program and failed to generate importerspecific liquidation rates for those
importers. Modifying the final margin
program to fix these missing values will
properly include the sales in the
program and generate the proper
importer-specific liquidation rates.
Accordingly, we have determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), that an
unintentional ministerial error was
made in the Final Results. For a detailed
discussion of this ministerial error, as
well as Commerce’s analysis, see
Ministerial Error Memorandum.
Amended Final Results
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results of this
administrative review of nails from
China. For the amended final results,
Commerce has recalculated the
weighted-average margin for Dezhou
Hualude. Commerce has also updated
the sample rate assigned to the nonselected companies, which is based on
an average of the rates of the three
mandatory respondents, The Stanley
Works (Langfang) Fastening Systems
Co., Ltd. and Stanley Black & Decker,
Inc. (collectively, Stanley), Dezhou
Hualude, and Shandong Dinglong
Import & Export Co., Ltd. (Shandong
Dinglong), as discussed in the
Ministerial Error Memorandum. The
revised weighted-average dumping
margins for the administrative review
are as follows:
4 See American Signature, Inc. v. United States,
598 F.3d 816, 826–28 (Fed. Cir. 2010).
5 See Final Results and accompany IDM at 26.
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Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
Weightedaverage
margin
(percent)
Exporter
Dezhou Hualude Hardware Products Co., Ltd ....................................................................................................................................
Shandong Dinglong Import & Export Co., Ltd 6 ..................................................................................................................................
The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively, Stanley) 7 .................
Hebei Canzhou New Century Foreign Trade Co., Ltd ........................................................................................................................
Mingguang Ruifeng Hardware Products Co., Ltd ...............................................................................................................................
Qingdao D&L Group Ltd ......................................................................................................................................................................
SDC International Australia Pty. Ltd ....................................................................................................................................................
Shandong Oriental Cherry Hardware Group Co., Ltd .........................................................................................................................
Shanghai Curvet Hardware Products Co., Ltd ....................................................................................................................................
Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai Yueda Nails 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 Huixinshangmao Co., Ltd ........................................................................................................................................................
Tianjin Jinchi Metal Products Co., Ltd .................................................................................................................................................
Tianjin Jinghai County Hongli Industry & Business Co., Ltd ..............................................................................................................
Tianjin Universal Machinery Imp. & Exp. Corporation ........................................................................................................................
Tianjin Zhonglian Metals Ware Co., Ltd ..............................................................................................................................................
Xi’an Metals & Minerals Import & Export Co., Ltd ..............................................................................................................................
Zhangjiagang Lianfeng Metals Products Co., Ltd ...............................................................................................................................
Disclosure
We intend to disclose the calculations
performed for these amended final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
khammond on DSKBBV9HB2PROD with NOTICES
Assessment Rates
Commerce shall determine, and U.S.
Customs Border Protection (CBP) shall
assess antidumping duties on all
appropriate entries covered by this
review pursuant to section 751(a)(2)(A)
of the Act and 19 CFR 351.212(b).
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).8 Where
Commerce 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, Commerce will direct CBP
to assess importer-specific assessment
rates based on the resulting per-unit
rates.9 Where an importer- (or customer) specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50
6 There are no changes to the dumping margin for
Shandong Dinglong.
7 There are no changes to the dumping margin for
Stanley.
8 See 19 CFR 351.212(b)(1).
9 Id.
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69.99
118.04
3.94
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
43.26
percent), Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation.10 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.11 We intend to
instruct CBP to liquidate entries
containing subject merchandise
exported by the China-wide entity at the
China-wide rate.
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, Commerce
will instruct CBP to liquidate such
entries at the China-wide entity rate.
Additionally, if Commerce 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
China-wide entity rate.12
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 ‘‘Amended Final Results’’ section
(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 China and nonChina 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 China exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
China-wide rate of 118.04 percent; and
(4) for all non-China exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the China
exporters that supplied that non-China
exporter. The deposit requirements,
when imposed, shall remain in effect
until further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively on any entries made on or
after April 24, 2019, the date of
publication of the Final Results, for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
Notification to Importers
10 Id.
11 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
12 See
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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 Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
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Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
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.
These amended final results and
notice are issued and published in
accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: May 22, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–11126 Filed 5–28–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: International Trade
Administration.
Title: Procedures for Importation of
Supplies for Use in Emergency Relief
Work.
Form Number(s): N/A.
OMB Control Number: 0625–0256.
Type of Request: Regular Submission.
Burden Hours: 15.
Number of Respondents: 1.
Average Hours per Response: 15.
Needs and Uses: The regulations (19
CFR 358.101–104) provide procedures
for requesting the Secretary of
Commerce to permit the importation of
supplies, such as food, clothing, and
medical, surgical, and other supplies,
for use in emergency relief work free of
antidumping and countervailing duties.
Affected Public: Business or other forprofit organizations.
Frequency: Varies.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
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Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–11115 Filed 5–28–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–868]
Welded Stainless Pressure Pipe From
India: Rescission of the Countervailing
Duty Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty order on welded
stainless pressure pipe (WSPP) from
India for the period January 1, 2017,
through December 31, 2017.
DATES: Applicable May 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Charles Doss, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0176 and (202) 482–4474,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 1, 2018, Commerce
published a notice of opportunity to
request an administrative review of the
countervailing duty (CVD) order on
WSPP from India.1 On February 6, 2019,
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
Commerce published a notice of
initiation of an administrative review of
the order covering the period January 1,
2017, through December 31, 2017.2 On
March 8, 2019, Commerce selected
Hindustan Inox Limited (Hindustan
Inox), and Sun Mark Stainless Pvt. Ltd.
and its cross-owned affiliates, Sunrise
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 54912
(November 1, 2018).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019).
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24753
Stainless Private Limited and Shah Foils
Ltd. (collectively, Sun Mark), as the
mandatory respondents in this
administrative review.3 On May 7, 2019,
Hindustan Inox and Sun Mark withdrew
their requests for review; Bristol Metals
and Primus Pipe & Tube (the
petitioners) also submitted a timely
request to rescind the administrative
review of the CVD order of WSPP from
India with respect to all entities for
which it had requested a review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
or parties who requested the review
withdraw(s) the request within 90 days
of the date of publication of the notice
of initiation of the requested review.
Hindustan Inox, Sun Mark, and the
petitioners timely withdrew their
requests for an administrative review,
and no other party requested a review
of these companies. Therefore, we are
rescinding the administrative review of
the CVD order on WSPP from India
covering the period January 1, 2017, to
December 31, 2017, in its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries. Because Commerce is
rescinding this administrative review in
its entirety, the entries to which this
administrative review pertains shall be
assessed countervailing duties that are
equal to the cash deposits of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
3 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order of Welded Stainless
Pressure Pipes from India: Respondent Selection,’’
dated March 8, 2019.
4 See Hindustan’s letter, ‘‘Welded Stainless
Pressure Pipe from India: Withdrawal of Request for
Countervailing Duty Administrative Review of
Hindustan Inox Limited.,’’ dated May 7, 2019; Sun
Mark’s letter, ‘‘Welded Stainless Pressure Pipes
from India: Withdrawal of Request for
Countervailing Duty Administrative Review,’’ dated
May 7, 2019; the petitioners’ letter, ‘‘Welded
Stainless Pressure Pipe from India: Request to
Rescind Administrative Review,’’ dated May 7,
2019.
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[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24751-24753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11126]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Amended
Final Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2019, the Department of Commerce (Commerce)
published in the Federal Register the final results of the
administrative review of the antidumping duty (AD) order on certain
steel nails from the People's Republic of China (China). Commerce is
amending the final results of the administrative review to correct an
unintentional ministerial error.
DATES: Applicable May 29, 2019.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Benito
Ballesteros, 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
202-482-7425, respectively.
SUPPLEMENTARY INFORMATION: On April 24, 2019, Commerce published in the
Federal Register the final results of the administrative review of
certain steel nails from China.\1\ No interested party submitted
ministerial allegations concerning the Final Results. Following the
publication of the Final Results, Commerce identified a ministerial
error in Dezhou Hualude Hardware Products Co., Ltd.'s (Dezhou Hualude)
final results margin calculation program.\2\
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\1\ See Certain Steel Nails from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, and Final
Determination of No Shipments; 2016-2017, 84 FR 17134 (April 24,
2019) (Final Results) and accompanying Issues and Decision
Memorandum (IDM).
\2\ See Memorandum, ``Administrative Review Certain Steel Nails
from the People's Republic of China; 2016-2017: Ministerial Error
Memorandum,'' dated concurrently with this notice (Ministerial Error
Memorandum).
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending the final results of review . . . .'' Even when interested
parties do not submit ministerial error comments, Commerce has the
authority to self-correct ministerial errors provided the self-
correction occurs within the statutory timeline for judicial review.\4\
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\3\ See also 19 CFR 351.224(f).
\4\ See American Signature, Inc. v. United States, 598 F.3d 816,
826-28 (Fed. Cir. 2010).
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Ministerial Errors
In the Final Results, we stated our intention to adjust U.S. price
in the margin programming for Dezhou Hualude's international freight
and marine insurance expenses.\5\ However, following the Final Results,
we observed that the SAS code input into the program inadvertently
caused the program to create missing values for the international
freight expenses pertaining to sales to certain importers, which in
turn removed those sales from the program and failed to generate
importer-specific liquidation rates for those importers. Modifying the
final margin program to fix these missing values will properly include
the sales in the program and generate the proper importer-specific
liquidation rates. Accordingly, we have determined, in accordance with
section 751(h) of the Act and 19 CFR 351.224(f), that an unintentional
ministerial error was made in the Final Results. For a detailed
discussion of this ministerial error, as well as Commerce's analysis,
see Ministerial Error Memorandum.
---------------------------------------------------------------------------
\5\ See Final Results and accompany IDM at 26.
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Amended Final Results
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of this administrative review of
nails from China. For the amended final results, Commerce has
recalculated the weighted-average margin for Dezhou Hualude. Commerce
has also updated the sample rate assigned to the non-selected
companies, which is based on an average of the rates of the three
mandatory respondents, The Stanley Works (Langfang) Fastening Systems
Co., Ltd. and Stanley Black & Decker, Inc. (collectively, Stanley),
Dezhou Hualude, and Shandong Dinglong Import & Export Co., Ltd.
(Shandong Dinglong), as discussed in the Ministerial Error Memorandum.
The revised weighted-average dumping margins for the administrative
review are as follows:
[[Page 24752]]
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
Dezhou Hualude Hardware Products Co., Ltd............... 69.99
Shandong Dinglong Import & Export Co., Ltd \6\.......... 118.04
The Stanley Works (Langfang) Fastening Systems Co., Ltd. 3.94
and Stanley Black & Decker, Inc. (collectively,
Stanley) \7\...........................................
Hebei Canzhou New Century Foreign Trade Co., Ltd........ 43.26
Mingguang Ruifeng Hardware Products Co., Ltd............ 43.26
Qingdao D&L Group Ltd................................... 43.26
SDC International Australia Pty. Ltd.................... 43.26
Shandong Oriental Cherry Hardware Group Co., Ltd........ 43.26
Shanghai Curvet Hardware Products Co., Ltd.............. 43.26
Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai 43.26
Yueda Nails Co., Ltd...................................
Shanxi Hairui Trade Co., Ltd............................ 43.26
Shanxi Pioneer Hardware Industrial Co., Ltd............. 43.26
Shanxi Tianli Industries Co., Ltd....................... 43.26
S-Mart (Tianjin) Technology Development Co., Ltd........ 43.26
Suntec Industries Co., Ltd.............................. 43.26
Tianjin Huixinshangmao Co., Ltd......................... 43.26
Tianjin Jinchi Metal Products Co., Ltd.................. 43.26
Tianjin Jinghai County Hongli Industry & Business Co., 43.26
Ltd....................................................
Tianjin Universal Machinery Imp. & Exp. Corporation..... 43.26
Tianjin Zhonglian Metals Ware Co., Ltd.................. 43.26
Xi'an Metals & Minerals Import & Export Co., Ltd........ 43.26
Zhangjiagang Lianfeng Metals Products Co., Ltd.......... 43.26
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\6\ There are no changes to the dumping margin for Shandong
Dinglong.
\7\ There are no changes to the dumping margin for Stanley.
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We intend to disclose the calculations performed for these amended
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Commerce shall determine, and U.S. Customs Border Protection (CBP)
shall assess antidumping duties on all appropriate entries covered by
this review pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b).
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).\8\ Where Commerce
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, Commerce will direct CBP
to assess importer-specific assessment rates based on the resulting
per-unit rates.\9\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation.\10\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\11\ We intend to instruct CBP to liquidate entries
containing subject merchandise exported by the China-wide entity at the
China-wide rate.
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales databases submitted by companies
individually examined during this review, Commerce will instruct CBP to
liquidate such entries at the China-wide entity rate. Additionally, if
Commerce 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
China-wide entity rate.\12\
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\12\ 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
retroactively on any entries made on or after April 24, 2019, the date
of publication of the Final Results, 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 ``Amended Final Results'' section
(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 China and non-China 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 China
exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 118.04 percent; and (4) for all non-China exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporters that
supplied that non-China exporter. The deposit requirements, when
imposed, shall remain in effect until further notice.
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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
[[Page 24753]]
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.
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: May 22, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-11126 Filed 5-28-19; 8:45 am]
BILLING CODE 3510-DS-P
