Certain Collated Steel Staples From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021, 48153-48156 [2022-16912]
Download as PDF
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b).
Pursuant to 19 CFR 351.212(b)(1), and
given that SIW reported entered values
for all of its U.S. sales, we calculated
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of the sales. Where an
importer-specific assessment rate is de
minimis within the meaning of 19 CFR
351.106(c)(1) (i.e., less than 0.5 percent),
we intend to instruct CBP to liquidate
the appropriate entries without regard to
antidumping duties.
Consistent with Commerce’s
clarification of its assessment practice,
for entries of subject merchandise
during the POR produced by SIW for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate in the original less-than-fair-value
(LTFV) investigation 5 if there is no rate
for the intermediate company(ies)
involved in the transaction.6
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of PC strand from Thailand
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review as provided by
section 751(a)(2) of the Act: (1) the cash
deposit rate for SIW will be equal to the
weighted-average dumping margin
established in the final results of this
review; (2) for producers or exporters
not covered in this review but covered
in a prior completed segment of the
proceeding, the cash deposit rate will
5 Id.
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
VerDate Sep<11>2014
21:34 Aug 05, 2022
Jkt 256001
continue to be the company-specific rate
published in the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established in the most recently
completed segment for the producer of
the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 12.91 percent, the
all-others rate established in the LTFV
investigation in this proceeding.7 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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 POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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 subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: August 1, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
7 See
PO 00000
Comment 1: SIW’s U.S. Sales
Reconciliation
Comment 2: Whether SIW Acted to the
Best of Its Ability
V. Recommendation
[FR Doc. 2022–16917 Filed 8–5–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–112]
Certain Collated Steel Staples From
the People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Tianjin Hweschun
Fasteners Manufacturing Co., Ltd.
(Tianjin Hweschun) and Zhejiang Best
Nail Industrial Co., Ltd./Shaoxing Bohui
Import & Export Co., Ltd. (Best Nail/
Shaoxing Bohui) did not make sales of
subject merchandise at less than normal
value (NV), and that one company had
no shipments of subject merchandise
during the period of review (POR)
January 8, 2020, through June 30, 2021.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Max Goldman, 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) 482–1766 or (202) 482–0224,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain
collated steel staples from the People’s
Republic of China (China).1 In addition
to the two mandatory respondents,
Tianjin Hweschun and Best Nail/
Shaoxing Bohui,2 this review also
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021) (Initiation Notice).
2 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Collated Steel
Staples from the People’s Republic of China:
Respondent Selection,’’ dated November 9, 2021.
We are preliminarily treating Best Nail and
Order.
Frm 00007
48153
Continued
Fmt 4703
Sfmt 4703
E:\FR\FM\08AUN1.SGM
08AUN1
48154
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Notices
covers China Staple (Tianjin) Co., Ltd.
(China Staple), Shanghai Yueda Nails
Co., Ltd. (Shanghai Yueda),
Shijiazhuang Shuangming Trade Co.,
Ltd. (Shijiazhuang Shuangming),
Tianjin Jinyifeng Hardware Co., Ltd.
(Tianjin Jinyifeng), and Unicorn
Fasteners Co., Ltd. (Unicorn).3
For events that occurred since the
publication of the Initiation Notice and
the analysis behind our preliminary
results herein, see the Preliminary
Decision Memorandum.4 The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
of topics discussed in the Preliminary
Decision Memorandum is included in
the appendix to this notice.
Scope of the Order 5
The products covered by the Order
are certain collated steel staples from
China. For a complete description of the
scope of the Order, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
Based on an analysis of information
from U.S. Customs and Border
Protection (CBP), the no shipment
certification, and other record
information, we preliminarily determine
that Unicorn had no shipments of
subject merchandise during the POR.
Consistent with our practice in non-
market economy (NME) cases, we are
not rescinding this review with respect
to Unicorn but, rather, we intend to
complete the review and issue
appropriate instructions to CBP based
on the final results of the review.6
Separate Rates
We preliminarily determine that, in
addition to Tianjin Hweschun and Best
Nail/Shaoxing Bohai, one not
individually-examined company,
Tianjin Jinyifeng, is eligible for a
separate rate in this administrative
review.7 The Tariff Act of 1930, as
amended (the Act), and Commerce’s
regulations do not address the
establishment of a separate rate to be
applied to companies not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for separate-rate
respondents which Commerce did not
examine individually in an
administrative review. For the
preliminary results of this review,
Commerce has determined the
estimated dumping margins for Tianjin
Hweschun and Best Nail/Shaoxing
Bohai are both zero.8 For the reasons
explained in the Preliminary Decision
Memorandum, we are assigning this rate
to the non-examined respondent,
Tianjin Jinyifeng, which qualifies for a
separate rate in this review.
The China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.9 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, the
entity is not under review, and the
entity’s rate (i.e., 112.01 percent) 10 is
not subject to change. See the
Preliminary Decision Memorandum for
further discussion.
Aside from Unicorn for which we
preliminarily find no shipments,
Commerce considers all other
companies for which a review was
requested and did not demonstrate
separate rate eligibility to be part of the
China-wide entity.11 For the
preliminary results of this review, we
consider three companies to be part of
the China-wide entity: China Staple,
Shanghai Yueda, and Shijiazhuang
Shuangming.
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(B) of the Act and 19 CFR
351.213. Commerce has calculated
export prices in accordance with section
772(a) of the Act and constructed export
prices in accordance with section 772(b)
of the Act. Because China is an NME
within the meaning of section 771(18) of
the Act, we calculated NV in accordance
with section 773(c) of the Act.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the POR January 8,
2020, through June 30, 2021:
Weighted-average
dumping margin
(percent)
Exporters
khammond on DSKJM1Z7X2PROD with NOTICES
Tianjin Hweschun Fasteners Manufacturing Co., Ltd ...................................................................................................................
Zhejiang Best Nail Industrial Co., Ltd./Shaoxing Bohui Import & Export Co., Ltd ........................................................................
Shaoxing Bohui as a collapsed entity for the period
beginning December 25, 2020, and through the
remainder of the POR, for purposes of this
administrative review. See Memorandum,
‘‘Antidumping Duty Administrative Review of
Certain Collated Steel Staples from the People’s
Republic of China: Preliminary Determination of
Affiliation and Single Entity Determination
Memorandum,’’ dated March 23, 2022, for further
discussion.
3 Id., 86 FR 50043. The Initiation Notice lists
Unicom Fasteners Co., Ltd. but the correct name for
this company is Unicorn Fasteners Co., Ltd.
(Unicorn Fasteners). See also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5,
2021) (correcting Unicorn Fastener’s company
name).
VerDate Sep<11>2014
21:34 Aug 05, 2022
Jkt 256001
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Certain Collated Steel
Staples from the People’s Republic of China; 2020–
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Certain Collated Steel Staples from the
People’s Republic of China: Antidumping Duty
Order, 85 FR 43815 (July 20, 2020) (Order).
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME AD
Assessment); see also the ‘‘Assessment Rates’’
section, below.
7 See Preliminary Decision Memorandum at the
‘‘Separate Rate Determinations’’ section for more
details.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
0.00
0.00
8 See Memoranda, ‘‘Preliminary Results Margin
Calculation for Tianjin Hweschun Fasteners
Manufacturing Co., Ltd.’’ and ‘‘Preliminary Results
Margin Calculation for Zhejiang Best Nail Industrial
Co., Ltd./Shaoxing Bohui Import & Export Co.,
Ltd.,’’ both dated concurrently with this notice.
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 See Order, 85 FR at 43816.
11 See Initiation Notice (‘‘All firms listed below
that wish to qualify for separate rate status in the
administrative reviews involving NME countries
must complete, as appropriate, either a separate rate
application or certification, as described below.’’).
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Notices
Weighted-average
dumping margin
(percent)
Exporters
Tianjin Jinyifeng Hardware Co., Ltd ..............................................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results in accordance
with 19 CFR 351.224(b). A timeline for
the submission of case briefs and
written comments will be provided to
interested parties at a later date.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than seven days after the deadline date
for case briefs.12 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Executive summaries should be limited
to five pages total, including footnotes.
Case and rebuttal briefs should be filed
using ACCESS 13 and must be served on
interested parties.14 Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance filed electronically via
Commerce’s electric records system,
ACCESS. An electronically-filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.16 Requests
should contain (1) the party’s name,
address, and telephone number; (2) the
number of participants; (3) whether any
participant is a foreign national; and (4)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.17 Parties should
12 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect.’’)).
13 See generally 19 CFR 351.303.
14 See 19 CFR 351.303(f).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16 See 19 CFR 351.310(c)
17 See 19 CFR 351.310(d).
VerDate Sep<11>2014
21:34 Aug 05, 2022
Jkt 256001
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). If a mandatory respondent’s
ad valorem weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, Commerce will
calculate importer-specific assessment
rates for that respondent, in accordance
with 19 CFR 351.212(b)(1).18 Pursuant
to 19 CFR 351.212(b)(1), where the
respondent reported the entered value
of its U.S. sales, we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of the sales for which
entered value was reported. Where the
respondent did not report entered value,
we will calculate importer-specific perunit duty assessment rates based on the
ratio of the total amount of antidumping
duties calculated for the examined sales
to the total quantity of those sales. To
determine whether an importer-specific,
per-unit assessment rate is de minimis,
in accordance with 19 CFR
351.106(c)(2), we also will calculate an
these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
Frm 00009
Fmt 4703
Sfmt 4703
0.00
importer-specific ad valorem ratio based
on estimated entered values.
If, in the final results, the mandatory
respondent’s weighted-average dumping
margin continues to be zero or de
minimis (i.e., less than 0.5 percent),
Commerce will instruct CBP to liquidate
the appropriate entries for that
respondent without regard to
antidumping duties.19 For entries that
were not reported in the U.S. sales
databases submitted by each mandatory
respondent during this review, and for
the three companies that do not qualify
for a separate rate, Commerce will
instruct CBP to liquidate such entries at
the China-wide rate (i.e., 112.01
percent).20 In addition, if we continue to
find no shipments of subject
merchandise for Unicorn, for which we
preliminarily find no such shipments
during the POR, any suspended entries
of subject merchandise associated with
this company will be liquidated at the
China-wide rate.21
For Tianjin Jinyifeng, the respondent
that was not selected for individual
examination in this administrative
review that qualified for a separate rate,
the assessment rate will be the separate
rate established in the final results of
this administrative review.
Commerce intends to issue
appropriate assessment instructions to
CBP 35 days after the publication of the
final results in the Federal Register. If
a timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for all shipments of the subject
merchandise from China 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
19 See
18 In
PO 00000
48155
19 CFR 351.106(c)(2).
China-wide rate determined in the
investigation was 122.55 percent. See Order, 85 FR
at 43816. This rate was adjusted for export
subsidies to determine the cash deposit rate (112.01
percent) collected for companies in the China-wide
entity.
21 See NME AD Assessment.
20 The
E:\FR\FM\08AUN1.SGM
08AUN1
48156
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / Notices
companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is de minimis, then a cash deposit rate
of zero will be required); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters for
which a review was not requested and
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity (i.e., 112.01 percent);
and (4) for all non-Chinese exporters of
subject merchandise that have not
received their own rate, the cash deposit
rate will be the rate applicable to
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing the
preliminary results of this review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Affiliation and Collapsing
VII. Preliminary Determination of No
Shipments
VIII. Discussion of the Methodology
IX. Recommendation
[FR Doc. 2022–16912 Filed 8–5–22; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
21:34 Aug 05, 2022
Jkt 256001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Dated: August 2, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–16901 Filed 8–5–22; 8:45 am]
[RTID 0648–XC244]
BILLING CODE 3510–22–P
Meeting of the Marine Fisheries
Advisory Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine
Fisheries Advisory Committee
(MAFAC). The members will discuss
and consider approval of comments and
recommendations on the draft NOAA
Fisheries Equity and Environmental
Justice Strategy.
DATES: The meeting will be August 23,
2022 from 3 p.m.–5 p.m., Eastern Time.
ADDRESSES: Meeting is by webinar and
teleconference.
FOR FURTHER INFORMATION CONTACT:
Heidi Lovett; NOAA Fisheries Office of
Policy; (301) 427–8034; email:
Heidi.Lovett@noaa.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given of a meeting of MAFAC.
The MAFAC was established by the
Secretary of Commerce (Secretary), and,
since 1971, advises the Secretary on all
living marine resource matters that are
the responsibility of the Department of
Commerce. The MAFAC charter and
summaries of prior MAFAC meetings
are located online at https://
www.fisheries.noaa.gov/topic/
partners#marine-fisheries-advisorycommittee.
SUMMARY:
Matters To Be Considered
This meeting time and agenda are
subject to change. The members will
discuss and consider approval of
comments and recommendations on the
draft NOAA Fisheries Equity and
Environmental Justice Strategy. MAFAC
may also discuss various administrative
and organizational matters, including
planning their November meeting.
Time and Date
The meeting will be August 23, 2022
from 3 p.m.–5 p.m., Eastern Time by
webinar and conference call. Access
information for the public will be
posted at https://
www.fisheries.noaa.gov/national/
partners/marine-fisheries-advisorycommittee-meeting-materials-andsummaries by August 9, 2022.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Evaluation of State Coastal
Management Program; Public Meeting;
Request for Comments
Office for Coastal Management,
National Ocean Service, National
Oceanic and Atmospheric
Administration, Department of
Commerce.
ACTION: Notice of public meeting and
opportunity to comment.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA),
Office for Coastal Management, will
hold a public meeting to solicit
comments on the performance
evaluation of the Texas Coastal
Management Program.
DATES: NOAA will consider all written
comments received by Friday, August
26, 2022. A virtual public meeting will
be held on Wednesday, August 17,
2022, at 5 p.m. Central Time (CT).
ADDRESSES: Comments may be
submitted by one of the following
methods:
Email: Ralph Cantral, Evaluator,
NOAA Office for Coastal Management,
at Ralph.Cantral@noaa.gov.
Public Meeting: Provide oral
comments during the virtual public
meeting on Wednesday, August 17,
2022, at 5 p.m. CT by registering as a
speaker at https://forms.gle/
EHmHD7QsqpFMwCKV8. Please
register by Tuesday, August 16, 2022, at
5 p.m. CT. Upon registration, a
confirmation email will be sent. The
lineup of speakers will be based on the
date and time of registration. One hour
prior to the meeting on August 17, 2022,
an email will be sent out with a link to
the public meeting and information
about participating.
Written comments received are
considered part of the public record,
and the entirety of the comment,
including the email address,
attachments, and other supporting
materials, will be publicly accessible.
Sensitive personal information, such as
account numbers, Social Security
numbers, or names of individuals,
should not be included with the
SUMMARY:
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48153-48156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16912]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-112]
Certain Collated Steel Staples From the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Tianjin Hweschun Fasteners Manufacturing Co., Ltd.
(Tianjin Hweschun) and Zhejiang Best Nail Industrial Co., Ltd./Shaoxing
Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) did not make
sales of subject merchandise at less than normal value (NV), and that
one company had no shipments of subject merchandise during the period
of review (POR) January 8, 2020, through June 30, 2021. We invite
interested parties to comment on these preliminary results.
DATES: Applicable August 8, 2022.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Max Goldman, 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) 482-1766 or (202)
482-0224, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain collated steel staples from the People's Republic
of China (China).\1\ In addition to the two mandatory respondents,
Tianjin Hweschun and Best Nail/Shaoxing Bohui,\2\ this review also
[[Page 48154]]
covers China Staple (Tianjin) Co., Ltd. (China Staple), Shanghai Yueda
Nails Co., Ltd. (Shanghai Yueda), Shijiazhuang Shuangming Trade Co.,
Ltd. (Shijiazhuang Shuangming), Tianjin Jinyifeng Hardware Co., Ltd.
(Tianjin Jinyifeng), and Unicorn Fasteners Co., Ltd. (Unicorn).\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Collated Steel Staples from the People's Republic of China:
Respondent Selection,'' dated November 9, 2021. We are preliminarily
treating Best Nail and Shaoxing Bohui as a collapsed entity for the
period beginning December 25, 2020, and through the remainder of the
POR, for purposes of this administrative review. See Memorandum,
``Antidumping Duty Administrative Review of Certain Collated Steel
Staples from the People's Republic of China: Preliminary
Determination of Affiliation and Single Entity Determination
Memorandum,'' dated March 23, 2022, for further discussion.
\3\ Id., 86 FR 50043. The Initiation Notice lists Unicom
Fasteners Co., Ltd. but the correct name for this company is Unicorn
Fasteners Co., Ltd. (Unicorn Fasteners). See also Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 86 FR
61121 (November 5, 2021) (correcting Unicorn Fastener's company
name).
---------------------------------------------------------------------------
For events that occurred since the publication of the Initiation
Notice and the analysis behind our preliminary results herein, see the
Preliminary Decision Memorandum.\4\ The Preliminary Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics
discussed in the Preliminary Decision Memorandum is included in the
appendix to this notice.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Collated
Steel Staples from the People's Republic of China; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Certain Collated Steel Staples from the People's
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20,
2020) (Order).
---------------------------------------------------------------------------
The products covered by the Order are certain collated steel
staples from China. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Based on an analysis of information from U.S. Customs and Border
Protection (CBP), the no shipment certification, and other record
information, we preliminarily determine that Unicorn had no shipments
of subject merchandise during the POR. Consistent with our practice in
non-market economy (NME) cases, we are not rescinding this review with
respect to Unicorn but, rather, we intend to complete the review and
issue appropriate instructions to CBP based on the final results of the
review.\6\
---------------------------------------------------------------------------
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
AD Assessment); see also the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Separate Rates
We preliminarily determine that, in addition to Tianjin Hweschun
and Best Nail/Shaoxing Bohai, one not individually-examined company,
Tianjin Jinyifeng, is eligible for a separate rate in this
administrative review.\7\ The Tariff Act of 1930, as amended (the Act),
and Commerce's regulations do not address the establishment of a
separate rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for separate-rate respondents which Commerce did
not examine individually in an administrative review. For the
preliminary results of this review, Commerce has determined the
estimated dumping margins for Tianjin Hweschun and Best Nail/Shaoxing
Bohai are both zero.\8\ For the reasons explained in the Preliminary
Decision Memorandum, we are assigning this rate to the non-examined
respondent, Tianjin Jinyifeng, which qualifies for a separate rate in
this review.
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at the ``Separate Rate
Determinations'' section for more details.
\8\ See Memoranda, ``Preliminary Results Margin Calculation for
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.'' and
``Preliminary Results Margin Calculation for Zhejiang Best Nail
Industrial Co., Ltd./Shaoxing Bohui Import & Export Co., Ltd.,''
both dated concurrently with this notice.
---------------------------------------------------------------------------
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate (i.e., 112.01 percent) \10\ is not
subject to change. See the Preliminary Decision Memorandum for further
discussion.
---------------------------------------------------------------------------
\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See Order, 85 FR at 43816.
---------------------------------------------------------------------------
Aside from Unicorn for which we preliminarily find no shipments,
Commerce considers all other companies for which a review was requested
and did not demonstrate separate rate eligibility to be part of the
China-wide entity.\11\ For the preliminary results of this review, we
consider three companies to be part of the China-wide entity: China
Staple, Shanghai Yueda, and Shijiazhuang Shuangming.
---------------------------------------------------------------------------
\11\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'').
---------------------------------------------------------------------------
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. Commerce has
calculated export prices in accordance with section 772(a) of the Act
and constructed export prices in accordance with section 772(b) of the
Act. Because China is an NME within the meaning of section 771(18) of
the Act, we calculated NV in accordance with section 773(c) of the Act.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the POR January 8, 2020, through June 30,
2021:
------------------------------------------------------------------------
Weighted-average
Exporters dumping margin
(percent)
------------------------------------------------------------------------
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.... 0.00
Zhejiang Best Nail Industrial Co., Ltd./Shaoxing 0.00
Bohui Import & Export Co., Ltd......................
[[Page 48155]]
Tianjin Jinyifeng Hardware Co., Ltd.................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). A timeline for the submission of case briefs and written
comments will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \13\ and must be
served on interested parties.\14\ Note that Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\15\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect.'')).
\13\ See generally 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance filed electronically via Commerce's electric
records system, ACCESS. An electronically-filed request must be
received successfully in its entirety by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice.\16\ Requests
should contain (1) the party's name, address, and telephone number; (2)
the number of participants; (3) whether any participant is a foreign
national; and (4) a list of the issues to be discussed. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined.\17\ Parties should confirm by telephone the
date and time of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c)
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b). If a mandatory
respondent's ad valorem weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce will calculate importer-specific assessment rates for
that respondent, in accordance with 19 CFR 351.212(b)(1).\18\ Pursuant
to 19 CFR 351.212(b)(1), where the respondent reported the entered
value of its U.S. sales, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales for which entered value was reported. Where the respondent did
not report entered value, we will calculate importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values.
---------------------------------------------------------------------------
\18\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
If, in the final results, the mandatory respondent's weighted-
average dumping margin continues to be zero or de minimis (i.e., less
than 0.5 percent), Commerce will instruct CBP to liquidate the
appropriate entries for that respondent without regard to antidumping
duties.\19\ For entries that were not reported in the U.S. sales
databases submitted by each mandatory respondent during this review,
and for the three companies that do not qualify for a separate rate,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate (i.e., 112.01 percent).\20\ In addition, if we continue to find no
shipments of subject merchandise for Unicorn, for which we
preliminarily find no such shipments during the POR, any suspended
entries of subject merchandise associated with this company will be
liquidated at the China-wide rate.\21\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.106(c)(2).
\20\ The China-wide rate determined in the investigation was
122.55 percent. See Order, 85 FR at 43816. This rate was adjusted
for export subsidies to determine the cash deposit rate (112.01
percent) collected for companies in the China-wide entity.
\21\ See NME AD Assessment.
---------------------------------------------------------------------------
For Tianjin Jinyifeng, the respondent that was not selected for
individual examination in this administrative review that qualified for
a separate rate, the assessment rate will be the separate rate
established in the final results of this administrative review.
Commerce intends to issue appropriate assessment instructions to
CBP 35 days after the publication of the final results in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China 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
[[Page 48156]]
companies listed above that have a separate rate, the cash deposit rate
will be that rate established in the final results of this review
(except, if the rate is de minimis, then a cash deposit rate of zero
will be required); (2) for previously investigated or reviewed Chinese
and non-Chinese exporters for which a review was not requested and that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the China-wide entity (i.e., 112.01 percent); and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to Chinese exporter that supplied that non-Chinese exporter.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Affiliation and Collapsing
VII. Preliminary Determination of No Shipments
VIII. Discussion of the Methodology
IX. Recommendation
[FR Doc. 2022-16912 Filed 8-5-22; 8:45 am]
BILLING CODE 3510-DS-P