Certain Collated Steel Staples From the People's Republic of China: Antidumping Duty Order, 43815-43816 [2020-15622]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43815-43816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15622]



[[Page 43815]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112]


Certain Collated Steel Staples From the People's Republic of 
China: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on the affirmative final determinations by the 
Department of Commerce (Commerce) and the International Trade 
Commission (ITC), Commerce is issuing an antidumping duty order on 
certain collated steel staples (collated staples) from the People's 
Republic of China (China).

DATES:  Applicable July 20, 2020.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or William Horn, AD/
CVD Operations, Office V, Enforcement and Compliance, U.S. Department 
of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; 
telephone (202) 482-6478 or (202) 482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2020, Commerce published its affirmative final 
determination in the less-than-fair-value (LTFV) investigation of 
collated staples from China.\1\ On July 13, 2020, the ITC notified 
Commerce of its affirmative determination, pursuant to section 735(d) 
of the Tariff Act of 1930, as amended (the Act), that an industry in 
the United States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of LTFV imports of collated 
staples from China, and of its determination that critical 
circumstances do not exist with respect to imports of collated staples 
from China.\2\
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    \1\ See 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, 85 FR 33623 (June 2, 2020).
    \2\ See ITC Notification Letter, Investigation Nos. 701-TA-626 
and 731-TA-1452 (July 13, 2020).
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Scope of the Order

    The product covered by this order is collated staples from China. 
For a complete description of the scope of this order, see the appendix 
to this notice.

Antidumping Duty Order

    On July 13, 2020, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determination in this investigation, 
in which it found that an industry in the United States is materially 
injured by reason of imports of collated staples from China.\3\ 
Therefore, in accordance with section 735(c)(2) of the Act, Commerce is 
issuing this antidumping duty order. Because the ITC determined that 
imports of collated staples from China are materially injuring a U.S. 
industry, all unliquidated entries of such merchandise from China, 
entered or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of collated staples from China. With the exception of 
entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final injury determination, 
as further described below, antidumping duties will be assessed on 
unliquidated entries of collated staples from China entered, or 
withdrawn from warehouse, for consumption, on or after January 8, 2020, 
the date of publication of the Preliminary Determination.\4\
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    \4\ 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).
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of collated staples from China, we will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated antidumping duties with respect to 
entries of collated staples from China, entered or withdrawn from 
warehouse, for consumption on or after October 10, 2019 (i.e., 90 days 
prior to the date of publication of the preliminary determination), but 
before January 8, 2020 (i.e., the date of publication of the 
preliminary determination for this investigation).

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of collated staples from China. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated dumping margins indicated in the tables below, adjusted 
by the export subsidy offset. Given that the provisional measures 
period has expired, as explained below, effective on the date of 
publication in the Federal Register of the notice of the ITC's final 
affirmative injury determination, CBP must require, at the same time as 
importers would deposit estimated normal customs duties on this 
merchandise, a cash deposit equal to the rates noted below.\5\
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    \5\ See section 736(a)(3) of the Act.
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    The China-wide entity rate applies to all exporter-producer 
combinations not specifically listed.

Estimated Weighted-Average Dumping Margins

    The estimated dumping margins are as follows:

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                                                                                     Estimated     Cash deposit
                                                                                     weighted-    rate (adjusted
                   Producer                                 Exporter                  average       for subsidy
                                                                                  dumping margin     offsets)
                                                                                     (percent)       (percent)
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Tianjin Heston 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.

[[Page 43816]]

 
Tianjin Jinyifeng Hardware Co., Ltd...........  Tianjin Jinyifeng Hardware Co.,            96.15           85.61
                                                 Ltd.
Unicom Fasteners Co., Ltd.....................  Unicom 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
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of collated staples from China, Commerce extended the four-month period 
to six months in the proceeding. In the underlying investigation, 
Commerce published the preliminary determination on January 8, 2020.\6\ 
The extended provisional measures period, beginning on the date of 
publication of the preliminary determination, ended on July 5, 2020. 
Therefore, in accordance with section 737(b) of the Act and our 
practice,\7\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of collated staples from China entered, or 
withdrawn from warehouse, for consumption after July 5, 2020, the final 
day on which the provisional measures were in effect, until and through 
the day preceding the date of publication of the ITC's final 
affirmative injury determination in the Federal Register. Suspension of 
liquidation and the collection of cash deposits will resume on the date 
of publication of the ITC's final determination in the Federal 
Register.
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    \6\ See Preliminary Determination.
    \7\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016).
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Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
collated staples from China pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at https://enforcement.trade.gov/stats/iastats1.html.
    The antidumping duty order is published in accordance with section 
736(a) of the Act and Sec.  351.211(b).

    Dated: July 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by the scope of this order is certain 
collated steel staples. Certain collated steel staples subject to 
this order 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 order 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 order 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).
    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 order 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.

[FR Doc. 2020-15622 Filed 7-17-20; 8:45 am]
BILLING CODE 3510-DS-P