Certain Collated Steel Staples From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, 33623-33626 [2020-11891]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), a petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reason for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.2
On May 20, 2020, Briggs & Stratton
Corporation, the petitioner in this
investigation, submitted a timely
request pursuant to section 733(c)(1) of
the Act and 19 CFR 351.205(e) to
postpone fully the preliminary
determination. The petitioner stated that
the purpose of its request was to provide
Commerce with sufficient time to
receive and analyze the questionnaire
responses of the mandatory
respondents, issue any supplemental
questionnaires, and prepare an accurate
preliminary dumping margin
calculation.3
Consistent with 19 CFR 351.205(e),
the petitioner stated the reasons for its
request, and Commerce finds no
compelling reason to deny the request.
Therefore, in accordance with section
733(c)(1)(A) of the Act, Commerce is
postponing the deadline for the
preliminary determination to August 12,
2020.4 Pursuant to section 735(a)(l) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determination will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(l).
Dated: May 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–DS–P
19 CFR 351.205(e).
Petitioner’s Letter, ‘‘Certain Vertical Shaft
Engines Between 225cc and 999cc, and Parts
Thereof, From the People’s Republic of China:
Petitioner’s Request for Postponement Of The
Preliminary Determination,’’ dated May 20, 2020.
4 In this case, 190 days after initiation falls on
August 12, 2020.
3 See
VerDate Sep<11>2014
20:46 Jun 01, 2020
Jkt 250001
International Trade Administration
[A–570–112]
Certain Collated Steel Staples From
the People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Critical Circumstances
Determination
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain collated steel staples (collated
staples) from the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at less than
fair value (LTFV).
DATES: Applicable June 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or William Horn, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6478 or
(202) 482–4868, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Determination in the LTFV investigation
of collated staples from China on
January 8, 2020.1 For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.2
Period of Investigation
The period of investigation is October
1, 2018 through March 31, 2019.
Scope of the Investigation
The products covered by this
investigation are collated staples from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
On November 4, 2019, we issued a
Preliminary Scope Memorandum
[FR Doc. 2020–11886 Filed 6–1–20; 8:45 am]
2 See
DEPARTMENT OF COMMERCE
1 See Certain Collated Steel Staples from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, Postponement of Final
Determination and Extension of Provisional
Measures, 85 FR 882 (January 8, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China: Issues
and Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than
Fair Value,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
33623
making no changes to the scope of this
and the companion countervailing duty
(CVD) investigation.3 For a summary of
the product coverage comments and
rebuttal comments submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.4
Based on the comments received from
interested parties, we are revising the
scope of this investigation to exclude
‘‘hog rings.’’ The scope in Appendix I
reflects this change.
Verification
Commerce normally verifies
information relied upon in making its
final determination, pursuant to section
782(i) of the Tariff Act of 1930, as
amended (the Act). However, on March
16, 2020, Commerce cancelled
verification of the questionnaire
responses submitted by Tianjin
Hweschun Fasteners Manufacturing Co.,
Ltd. (Tianjin Hweschun).5 During the
course of this investigation, a Level 4
travel advisory was imposed for all of
China, preventing Commerce personnel
from traveling to China to conduct
verification. Due to this, as well as the
impending statutory deadline for the
completion of the final determination,
Commerce was unable to conduct
verification in this case.
Pursuant to section 776(a)(2)(D) of the
Act, in situations where information has
been provided but the information
cannot be verified, Commerce may use
‘‘facts otherwise available’’ in reaching
the applicable determination.
Accordingly, as Commerce was unable
to proceed to verification in this
investigation, we have relied on the
information submitted on the record
that we used in making the Preliminary
Determination, as facts available in
making our final determination.
Final Affirmative Determination of
Critical Circumstances
Commerce preliminarily determined
in this investigation that critical
circumstances exist with respect to
imports of collated staples from China
shipped by Tianjin Hweschun, Tianjin
Jin Xin Sheng Long Metal Products Co.,
3 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain
Collated Steel Staples from the People’s Republic of
China: Preliminary Scope Decision Memorandum,’’
dated November 4, 2019 (Preliminary Scope
Decision Memorandum).
4 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China: Final
Scope Determination Decision Memorandum,’’
dated concurrently with, and hereby adopted by,
this notice (Final Scope Decision Memorandum).
5 See Memorandum, ‘‘Cancellation of
Verification,’’ dated March 16, 2020.
E:\FR\FM\02JNN1.SGM
02JNN1
33624
Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices
Ltd. (Tianjin JXSL), the nonindividually examined respondents, and
the China-wide entity.6 That
determination remains unchanged and a
discussion of our final critical
circumstances determination can be
found in the Issues and Decision
Memorandum.
applied adverse inferences in selecting
from the facts available, pursuant to
section 776(b) of the Act and 19 CFR
351.308(a). For the final determination,
we are assigning the China-wide entity,
as AFA, the rate of 122.55 percent,
which is the highest petition rate.7
Separate Rates
As discussed in the Issues and
Decision Memorandum, we granted
All issues raised in the case and
Tianjin Hweschun, Tianjin JXSL, and
rebuttal briefs that were submitted by
six non-individually examined
parties in this investigation are
respondents 8 a separate rate in the
addressed in the Issues and Decision
Preliminary Determination based on
Memorandum. For a list of the issues
their eligibility.9 No parties commented
raised by interested parties and
on this preliminary finding and the facts
addressed in the Issues and Decision
have not changed with respect to these
Memorandum, see Appendix II to this
companies’ separate rate eligibility.
notice. The Issues and Decision
Memorandum is a public document and Therefore, we continue to grant separate
rates to these companies in this final
is made available to the public via
determination. As discussed in the
Enforcement and Compliance’s
Issues and Decision Memorandum, we
Antidumping and Countervailing Duty
assigned Tianjin JXSL, as AFA, the
Centralized Electronic Service System
highest petition rate.
(ACCESS). ACCESS is available to
In accordance with section
registered users at https://
access.trade.gov. In addition, a complete 735(c)(5)(A) of the Act, Commerce shall
determine an estimated separate rate for
version of the Issues and Decision
companies not individually examined.
Memorandum can be accessed directly
Generally, under section 735(c)(5)(A) of
at https://enforcement.trade.gov/frn/
the Act, this rate shall be an amount
index.html. The signed and electronic
equal to the weighted average of the
versions of the Issues and Decision
estimated antidumping duty (AD) rates
Memorandum are identical in content.
established for those companies
China-Wide Entity and Use of Adverse
individually examined, excluding any
Facts Available
zero and de minimis rates and any rates
based entirely under section 776 of the
We continue to find that the use of
Act. However, section 735(c)(5)(B) of the
facts available is warranted in
Act provides that if the AD duty rates
determining the rate of the China-wide
entity pursuant to sections 776(a)(1) and established for all companies
individually examined are zero or de
(a)(2)(A)-(C) of the Act. Further, use of
minimis rates, or are determined
adverse facts available (AFA) is
entirely under section 776 of the Act,
warranted because the China-wide
then Commerce may use ‘‘any
entity did not cooperate to the best of
reasonable method’’ to establish a
its ability to comply with our requests
separate rate, ‘‘including averaging the
for information and, accordingly, we
Analysis of Comments Received
khammond on DSKJM1Z7X2PROD with NOTICES
Producer
weighted-average anti-dumping duty
rates determined for the exporters and
producers individually investigated.’’
The sole calculated AD rate for this
final determination is based on facts
otherwise available. As explained
above, the sole cooperative mandatory
respondent in this investigation, Tianjin
Hweschun, is receiving a rate based
entirely on the facts available. In the
specific circumstances of this case,
because we were unable to verify
Tianjin Hweschun, we find that a
reasonable method to determine the allothers rate under section 735(c)(5)(B) of
the Act here is to apply Tianjin
Hweschun’s individual estimated AD
rate as the separate rate for companies
not individually examined.
Changes From the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the dumping margin
calculations for Tianjin Hweschun.10
For a discussion of these changes, see
the Issues and Decision Memorandum.
In light of our method in this
investigation for determining the
separate rate for companies not
individually examined, we have also
modified the separate rate.
Combination Rates
Consistent with the Preliminary
Determination11 and Policy Bulletin
05.1,12 Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.
Final Determination
Commerce determines that the
following weighted-average dumping
margins exist:
Exporter
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.
Tianjin Jin Xin Sheng Long Metal Products Co., Ltd. .. Tianjin Jin Xin Sheng Long Metal Products Co., Ltd. ..
China Staple (Tianjin) Co., Ltd. .................................... China Staple (Tianjin) Co., Ltd. ....................................
Shanghai Yueda Nails Co., Ltd. ................................... Shanghai Yueda Nails Co., Ltd. ...................................
Shijiazhuang Shuangming Trade Co., Ltd. .................. Shijiazhuang Shuangming Trade Co., Ltd. ..................
Tianjin Jinyifeng Hardware Co., Ltd. ............................ Tianjin Jinyifeng Hardware Co., Ltd. ............................
Unicorn Fasteners Co., Ltd. ......................................... Unicorn Fasteners Co., Ltd. .........................................
Zhejiang Best Nail Industrial Co., Ltd. ......................... Zhejiang Best Nail Industrial Co., Ltd. .........................
China-Wide Entity ....................................................................................................................................................
6 See
Preliminary Determination PDM at 30.
Issues and Decision Memorandum at 3–5 for
a full discussion of this issue; see also Preliminary
Determination PDM at 16–18.
8 These companies are China Staple (Tianjin) Co.,
Ltd., Shanghai Yueda Nails Co., Ltd., Shijiazhuang
7 See
VerDate Sep<11>2014
20:46 Jun 01, 2020
Jkt 250001
Shuangming Trade Co., Ltd., Tianjin Jinyifeng
Hardware Co., Ltd., Unicorn Fasteners Co., Ltd.,
and Zhejiang Best Nail Industrial Co., Ltd.
9 See Preliminary Determination PDM at 10—14.
10 See Issues and Decision Memorandum.
11 See Preliminary Determination.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Estimated
weighted-average dumping
margin (percent)
Cash deposit
rate (adjusted
for subsidy offsets) (percent)
96.15
122.55
96.15
96.15
96.15
96.15
96.15
96.15
122.55
85.61
112.01
85.61
85.61
85.61
85.61
85.61
85.61
112.01
12 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05–1.pdf.
E:\FR\FM\02JNN1.SGM
02JNN1
Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to section
733(e)(2)(A) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of collated
staples from China, except for hog rings,
as described in Appendix I of this
notice, entered or withdrawn from
warehouse, for consumption on October
10, 2019, which is 90 days before the
date of publication of the Preliminary
Determination in the Federal Register.
With respect to hog rings, we will
instruct CBP to discontinue suspension
of liquidation of such merchandise
effective the date of publication of this
determination. In addition, we will
direct CBP to liquidate any suspended
entries of this merchandise without
regard to AD duties and to refund any
cash deposits with respect to these
entries.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combinations listed
in the table above will be the rate
identified in the table; (2) for all
combinations of Chinese exporters/
producers of subject merchandise that
have not received their own separate
rate above, the cash deposit rate will be
the cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the Chinese exporter/
producer combination that supplied that
non-Chinese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce makes an affirmative
determination for domestic subsidy
VerDate Sep<11>2014
20:46 Jun 01, 2020
Jkt 250001
pass-through or export subsidies,
Commerce offsets the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). In this
case, we made a negative finding for
domestic subsidy pass-through for all
respondents in the Preliminary
Determination, which remains
unchanged for the final determination.13
However, with respect to export
subsidies for all respondents, Commerce
issued the final determination of the
concurrent CVD investigation of
collated staples from China, in which it
found export-contingent subsidies of
10.54 percent for Best Nail and 10.54
percent for all others.14 Therefore, we
have deducted export subsidies from the
final margins and adjusted the cash
deposit rates in the chart above.
However, suspension of liquidation for
provisional measures in the companion
CVD case has been discontinued;
therefore, we are not instructing CBP to
collect cash deposits based upon the
adjusted estimated weighted-average
dumping margin for those subsidies at
this time.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at
LTFV. We will allow the ITC access to
all privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
subject merchandise from China no later
than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an AD
13 See sections ‘‘Adjustment Under Section
777A(F) of the Act’’ and ‘‘Adjustment to Cash
Deposit Rate for Export Subsidies’’ in the
Preliminary Decision Memorandum; see also
Memorandum, ‘‘Certain Collated Steel Staples from
the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, Issues and
Decisions Memorandum’’ dated concurrently with
this notice (Collated Staples from China CVD IDM).
14 See Collated Staples from China CVD IDM at
6.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
33625
order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Order
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: May 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
this investigation is certain collated steel
staples. Certain collated steel staples subject
to this investigation are made from steel wire
having a nominal diameter from 0.0355 inch
to 0.0830 inch, inclusive, and have a nominal
leg length from 0.25 inch to 3.0 inches,
inclusive, and a nominal crown width from
0.187 inch to 1.125 inch, inclusive. Certain
collated steel staples may be manufactured
from any type of steel, and are included in
the scope of this investigation regardless of
whether they are uncoated or coated, and
regardless of the type or number of coatings,
including but not limited to coatings to
inhibit corrosion.
Certain collated steel staples may be
collated using any material or combination of
materials, including but not limited to
adhesive, glue, and adhesive film or adhesive
or paper tape.
Certain collated steel staples are generally
made to American Society for Testing and
Materials (ASTM) specification ASTM
F1667–18a, but can also be made to other
specifications.
Excluded from the scope of this
investigation are any carton-closing staples
covered by the scope of the existing
antidumping duty order on Carton-Closing
Staples from the People’s Republic of China.
See Carton-Closing Staples from the People’s
Republic of China: Antidumping Duty Order,
83 FR 20792 (May 8, 2018).
E:\FR\FM\02JNN1.SGM
02JNN1
33626
Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices
Also excluded are collated fasteners
commonly referred to as ‘‘C-ring hog rings’’
and ‘‘D-ring hog rings’’ produced from
stainless or carbon steel wire having a
nominal diameter of 0.050 to 0.081 inches,
inclusive. C-ring hog rings are fasteners
whose legs are not perpendicular to the
crown, but are curved inward resulting in the
fastener forming the shape of the letter ‘‘C’’.
D-ring hog rings are fasteners whose legs are
straight but not perpendicular to the crown,
instead intersecting with the crown at an
angle ranging from 30 degrees to 75 degrees.
The hog rings subject to the exclusion are
collated using glue, adhesive, or tape. The
hog rings subject to this exclusion have either
a 90 degree blunt point or 15–75 degree
divergent point.
Certain collated steel staples subject to this
investigation are currently classifiable under
subheading 8305.20.0000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). While the HTSUS subheading and
ASTM specification are provided for
convenience and for customs purposes, the
written description of the subject
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Determination of Critical
Circumstances
IV. China-Wide Rate
V. Separate Rates
VI. Adjustments for Countervailable Export
Subsidies
VII. Changes Since the Preliminary
Determination
VIII. Discussion of the Issues
Comment 1: Whether Critical
Circumstances Exist
Comment 2: Primary Surrogate Country
Selection
Comment 3: Whether To Accept NonVerified Record Information as Verified
Comment 4: Whether To Continue to
Apply Adverse Facts Available (AFA) to
Tianjin JXSL
Comment 5: Whether To Use the Reported
Factors of Production (FOP) Data of
Tianjin Hweschun’s Cooperative Toller
Comment 6: Whether To Use the FOPs of
Tianjin Hweschun’s Cooperative Toller
as Facts Available for the Uncooperative
Toller
IX. Recommendation
[FR Doc. 2020–11891 Filed 6–1–20; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
20:46 Jun 01, 2020
Jkt 250001
DEPARTMENT OF COMMERCE
Scope Comments
International Trade Administration
On November 4, 2019, we issued a
Preliminary Scope Memorandum
making no changes to the scope of this
and the companion antidumping duty
(AD) investigation.3 For a summary of
the product coverage comments and
rebuttal comments submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.4
Based on the comments received from
interested parties, we are revising the
scope of this investigation to exclude
‘‘hog rings.’’ The scope in Appendix I
reflects this change.
[C–570–113]
Certain Collated Steel Staples From
the People’s Republic of China: Final
Affirmative Countervailing Duty
Determination and Final Affirmative
Critical Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain collated steel staples (collated
staples) from the People’s Republic of
China (China).
SUMMARY:
DATES:
Applicable June 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Joshua Simonidis or Robert Palmer, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0608 or
(202) 482–9068, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Determination in the countervailing
duty (CVD) investigation of collated
staples from China on November 12,
2019.1 For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2
Period of Investigation
The period of investigation (POI) is
January 1, 2018 through December 31,
2018.
Scope of the Investigation
The products covered by this
investigation are collated staples from
China. For a complete description of the
scope of this investigation, see
Appendix I.
1 See
Certain Collated Steel Staples from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 84 FR 61021 (November 12,
2019) (Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
Investigation of Certain Collated Steel Staples from
the People’s Republic of China,’’ dated concurrently
with this determination, and hereby adopted by,
this notice (Issues and Decision Memorandum).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Verification
Commerce normally verifies
information relied upon in making its
final determination, pursuant to section
782(i) of the Tariff Act of 1930, as
amended (the Act). However, on March
16, 2020, Commerce cancelled
verification of the questionnaire
responses submitted by Zhejiang Best
Nail Industrial Co., Ltd. (Best Nail) and
the Government of China.5 During the
course of this investigation, a Level 4
travel advisory was imposed for all of
China, preventing Commerce personnel
from traveling to China to conduct
verification. Due to this, as well as the
impending statutory deadline for the
completion of the final determination,
Commerce was unable to conduct
verification in this case.
Pursuant to section 776(a)(2)(D) of the
Act, in situations where information has
been provided but the information
cannot be verified, Commerce may use
‘‘facts otherwise available’’ in reaching
the applicable determination.
Accordingly, as Commerce was unable
to proceed to verification in this
investigation for reasons beyond its
control, we have relied on the
information submitted on the record
that we used in making the Preliminary
Determination, as facts available in
making our final determination.
3 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain
Collated Steel Staples from the People’s Republic of
China: Preliminary Scope Decision Memorandum,’’
dated November 4, 2019 (Preliminary Scope
Memorandum).
4 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China: Final
Scope Determination Decision Memorandum,’’
dated concurrently with, and hereby adopted by,
this notice (Final Scope Decision Memorandum).
5 See Memorandum, ‘‘Cancellation of Verification
and Deferment of Upstream Subsidy Investigation,’’
dated March 16, 2020.
E:\FR\FM\02JNN1.SGM
02JNN1
]]>Agencies
[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33623-33626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11891]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-112]
Certain Collated Steel Staples From the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair Value
and Final Affirmative Critical Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain collated steel staples (collated staples) from the People's
Republic of China (China) are being, or are likely to be, sold in the
United States at less than fair value (LTFV).
DATES: Applicable June 2, 2020.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or William Horn, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6478 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination in the LTFV
investigation of collated staples from China on January 8, 2020.\1\ For
a complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Collated Steel Staples from the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative Determination of
Critical Circumstances, Postponement of Final Determination and
Extension of Provisional Measures, 85 FR 882 (January 8, 2020)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Certain Collated Steel Staples from the
People's Republic of China: Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is October 1, 2018 through March 31,
2019.
Scope of the Investigation
The products covered by this investigation are collated staples
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
On November 4, 2019, we issued a Preliminary Scope Memorandum
making no changes to the scope of this and the companion countervailing
duty (CVD) investigation.\3\ For a summary of the product coverage
comments and rebuttal comments submitted to the record for this final
determination, and accompanying discussion and analysis of all comments
timely received, see the Final Scope Decision Memorandum.\4\ Based on
the comments received from interested parties, we are revising the
scope of this investigation to exclude ``hog rings.'' The scope in
Appendix I reflects this change.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Collated Steel Staples from the
People's Republic of China: Preliminary Scope Decision Memorandum,''
dated November 4, 2019 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Certain Collated Steel Staples from the
People's Republic of China: Final Scope Determination Decision
Memorandum,'' dated concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Verification
Commerce normally verifies information relied upon in making its
final determination, pursuant to section 782(i) of the Tariff Act of
1930, as amended (the Act). However, on March 16, 2020, Commerce
cancelled verification of the questionnaire responses submitted by
Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Tianjin
Hweschun).\5\ During the course of this investigation, a Level 4 travel
advisory was imposed for all of China, preventing Commerce personnel
from traveling to China to conduct verification. Due to this, as well
as the impending statutory deadline for the completion of the final
determination, Commerce was unable to conduct verification in this
case.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Cancellation of Verification,'' dated
March 16, 2020.
---------------------------------------------------------------------------
Pursuant to section 776(a)(2)(D) of the Act, in situations where
information has been provided but the information cannot be verified,
Commerce may use ``facts otherwise available'' in reaching the
applicable determination. Accordingly, as Commerce was unable to
proceed to verification in this investigation, we have relied on the
information submitted on the record that we used in making the
Preliminary Determination, as facts available in making our final
determination.
Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined in this investigation that
critical circumstances exist with respect to imports of collated
staples from China shipped by Tianjin Hweschun, Tianjin Jin Xin Sheng
Long Metal Products Co.,
[[Page 33624]]
Ltd. (Tianjin JXSL), the non-individually examined respondents, and the
China-wide entity.\6\ That determination remains unchanged and a
discussion of our final critical circumstances determination can be
found in the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Preliminary Determination PDM at 30.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see
Appendix II to this notice. The Issues and Decision Memorandum is a
public document and is made available to the public 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. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
China-Wide Entity and Use of Adverse Facts Available
We continue to find that the use of facts available is warranted in
determining the rate of the China-wide entity pursuant to sections
776(a)(1) and (a)(2)(A)-(C) of the Act. Further, use of adverse facts
available (AFA) is warranted because the China-wide entity did not
cooperate to the best of its ability to comply with our requests for
information and, accordingly, we applied adverse inferences in
selecting from the facts available, pursuant to section 776(b) of the
Act and 19 CFR 351.308(a). For the final determination, we are
assigning the China-wide entity, as AFA, the rate of 122.55 percent,
which is the highest petition rate.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at 3-5 for a full
discussion of this issue; see also Preliminary Determination PDM at
16-18.
---------------------------------------------------------------------------
Separate Rates
As discussed in the Issues and Decision Memorandum, we granted
Tianjin Hweschun, Tianjin JXSL, and six non-individually examined
respondents \8\ a separate rate in the Preliminary Determination based
on their eligibility.\9\ No parties commented on this preliminary
finding and the facts have not changed with respect to these companies'
separate rate eligibility. Therefore, we continue to grant separate
rates to these companies in this final determination. As discussed in
the Issues and Decision Memorandum, we assigned Tianjin JXSL, as AFA,
the highest petition rate.
---------------------------------------------------------------------------
\8\ These companies are China Staple (Tianjin) Co., Ltd.,
Shanghai Yueda Nails Co., Ltd., Shijiazhuang Shuangming Trade Co.,
Ltd., Tianjin Jinyifeng Hardware Co., Ltd., Unicorn Fasteners Co.,
Ltd., and Zhejiang Best Nail Industrial Co., Ltd.
\9\ See Preliminary Determination PDM at 10--14.
---------------------------------------------------------------------------
In accordance with section 735(c)(5)(A) of the Act, Commerce shall
determine an estimated separate rate for companies not individually
examined. Generally, under section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the weighted average of the estimated
antidumping duty (AD) rates established for those companies
individually examined, excluding any zero and de minimis rates and any
rates based entirely under section 776 of the Act. However, section
735(c)(5)(B) of the Act provides that if the AD duty rates established
for all companies individually examined are zero or de minimis rates,
or are determined entirely under section 776 of the Act, then Commerce
may use ``any reasonable method'' to establish a separate rate,
``including averaging the weighted-average anti-dumping duty rates
determined for the exporters and producers individually investigated.''
The sole calculated AD rate for this final determination is based
on facts otherwise available. As explained above, the sole cooperative
mandatory respondent in this investigation, Tianjin Hweschun, is
receiving a rate based entirely on the facts available. In the specific
circumstances of this case, because we were unable to verify Tianjin
Hweschun, we find that a reasonable method to determine the all-others
rate under section 735(c)(5)(B) of the Act here is to apply Tianjin
Hweschun's individual estimated AD rate as the separate rate for
companies not individually examined.
Changes From the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the dumping margin calculations for Tianjin Hweschun.\10\
For a discussion of these changes, see the Issues and Decision
Memorandum. In light of our method in this investigation for
determining the separate rate for companies not individually examined,
we have also modified the separate rate.
---------------------------------------------------------------------------
\10\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Combination Rates
Consistent with the Preliminary Determination\11\ and Policy
Bulletin 05.1,\12\ Commerce calculated combination rates for the
respondents that are eligible for a separate rate in this
investigation.
---------------------------------------------------------------------------
\11\ See Preliminary Determination.
\12\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following weighted-average dumping
margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Producer Exporter average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Tianjin Hweschun Fasteners Manufacturing Co., Tianjin Hweschun Fasteners 96.15 85.61
Ltd.. Manufacturing Co., Ltd..
Tianjin Jin Xin Sheng Long Metal Products Co., Tianjin Jin Xin Sheng Long Metal 122.55 112.01
Ltd.. Products Co., Ltd..
China Staple (Tianjin) Co., Ltd............... China Staple (Tianjin) Co., Ltd. 96.15 85.61
Shanghai Yueda Nails Co., Ltd................. Shanghai Yueda Nails Co., Ltd... 96.15 85.61
Shijiazhuang Shuangming Trade Co., Ltd........ Shijiazhuang Shuangming Trade 96.15 85.61
Co., Ltd..
Tianjin Jinyifeng Hardware Co., Ltd........... Tianjin Jinyifeng Hardware Co., 96.15 85.61
Ltd..
Unicorn Fasteners Co., Ltd.................... Unicorn Fasteners Co., Ltd...... 96.15 85.61
Zhejiang Best Nail Industrial Co., Ltd........ Zhejiang Best Nail Industrial 96.15 85.61
Co., Ltd..
China-Wide Entity............................................................... 122.55 112.01
----------------------------------------------------------------------------------------------------------------
[[Page 33625]]
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 733(e)(2)(A) of the Act, we will instruct U.S. Customs and
Border Protection (CBP) to continue to suspend liquidation of all
entries of collated staples from China, except for hog rings, as
described in Appendix I of this notice, entered or withdrawn from
warehouse, for consumption on October 10, 2019, which is 90 days before
the date of publication of the Preliminary Determination in the Federal
Register.
With respect to hog rings, we will instruct CBP to discontinue
suspension of liquidation of such merchandise effective the date of
publication of this determination. In addition, we will direct CBP to
liquidate any suspended entries of this merchandise without regard to
AD duties and to refund any cash deposits with respect to these
entries.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
exporter/producer combinations listed in the table above will be the
rate identified in the table; (2) for all combinations of Chinese
exporters/producers of subject merchandise that have not received their
own separate rate above, the cash deposit rate will be the cash deposit
rate established for the China-wide entity; and (3) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate above, the cash deposit rate will be the cash deposit
rate applicable to the Chinese exporter/producer combination that
supplied that non-Chinese exporter. These suspension of liquidation
instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce makes an affirmative determination for domestic subsidy
pass-through or export subsidies, Commerce offsets the calculated
estimated weighted-average dumping margin by the appropriate rate(s).
In this case, we made a negative finding for domestic subsidy pass-
through for all respondents in the Preliminary Determination, which
remains unchanged for the final determination.\13\ However, with
respect to export subsidies for all respondents, Commerce issued the
final determination of the concurrent CVD investigation of collated
staples from China, in which it found export-contingent subsidies of
10.54 percent for Best Nail and 10.54 percent for all others.\14\
Therefore, we have deducted export subsidies from the final margins and
adjusted the cash deposit rates in the chart above. However, suspension
of liquidation for provisional measures in the companion CVD case has
been discontinued; therefore, we are not instructing CBP to collect
cash deposits based upon the adjusted estimated weighted-average
dumping margin for those subsidies at this time.
---------------------------------------------------------------------------
\13\ See sections ``Adjustment Under Section 777A(F) of the
Act'' and ``Adjustment to Cash Deposit Rate for Export Subsidies''
in the Preliminary Decision Memorandum; see also Memorandum,
``Certain Collated Steel Staples from the People's Republic of
China: Final Affirmative Countervailing Duty Determination, Issues
and Decisions Memorandum'' dated concurrently with this notice
(Collated Staples from China CVD IDM).
\14\ See Collated Staples from China CVD IDM at 6.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance. Because the final determination in this proceeding is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States is materially injured, or threatened with material
injury, by reason of imports of subject merchandise from China no later
than 45 days after our final determination. If the ITC determines that
such injury does not exist, this proceeding will be terminated, and all
cash deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an AD order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Order
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: May 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of this investigation is
certain collated steel staples. Certain collated steel staples
subject to this investigation are made from steel wire having a
nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and
have a nominal leg length from 0.25 inch to 3.0 inches, inclusive,
and a nominal crown width from 0.187 inch to 1.125 inch, inclusive.
Certain collated steel staples may be manufactured from any type of
steel, and are included in the scope of this investigation
regardless of whether they are uncoated or coated, and regardless of
the type or number of coatings, including but not limited to
coatings to inhibit corrosion.
Certain collated steel staples may be collated using any
material or combination of materials, including but not limited to
adhesive, glue, and adhesive film or adhesive or paper tape.
Certain collated steel staples are generally made to American
Society for Testing and Materials (ASTM) specification ASTM F1667-
18a, but can also be made to other specifications.
Excluded from the scope of this investigation are any carton-
closing staples covered by the scope of the existing antidumping
duty order on Carton-Closing Staples from the People's Republic of
China. See Carton-Closing Staples from the People's Republic of
China: Antidumping Duty Order, 83 FR 20792 (May 8, 2018).
[[Page 33626]]
Also excluded are collated fasteners commonly referred to as
``C-ring hog rings'' and ``D-ring hog rings'' produced from
stainless or carbon steel wire having a nominal diameter of 0.050 to
0.081 inches, inclusive. C-ring hog rings are fasteners whose legs
are not perpendicular to the crown, but are curved inward resulting
in the fastener forming the shape of the letter ``C''. D-ring hog
rings are fasteners whose legs are straight but not perpendicular to
the crown, instead intersecting with the crown at an angle ranging
from 30 degrees to 75 degrees. The hog rings subject to the
exclusion are collated using glue, adhesive, or tape. The hog rings
subject to this exclusion have either a 90 degree blunt point or 15-
75 degree divergent point.
Certain collated steel staples subject to this investigation are
currently classifiable under subheading 8305.20.0000 of the
Harmonized Tariff Schedule of the United States (HTSUS). While the
HTSUS subheading and ASTM specification are provided for convenience
and for customs purposes, the written description of the subject
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Determination of Critical Circumstances
IV. China-Wide Rate
V. Separate Rates
VI. Adjustments for Countervailable Export Subsidies
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
Comment 1: Whether Critical Circumstances Exist
Comment 2: Primary Surrogate Country Selection
Comment 3: Whether To Accept Non-Verified Record Information as
Verified
Comment 4: Whether To Continue to Apply Adverse Facts Available
(AFA) to Tianjin JXSL
Comment 5: Whether To Use the Reported Factors of Production
(FOP) Data of Tianjin Hweschun's Cooperative Toller
Comment 6: Whether To Use the FOPs of Tianjin Hweschun's
Cooperative Toller as Facts Available for the Uncooperative Toller
IX. Recommendation
[FR Doc. 2020-11891 Filed 6-1-20; 8:45 am]
BILLING CODE 3510-DS-P
