Certain Collated Steel Staples From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019-2020, 7938-7940 [2023-02591]

Download as PDF 7938 Notices Federal Register Vol. 88, No. 25 Tuesday, February 7, 2023 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–11–2023] ddrumheller on DSK120RN23PROD with NOTICES Foreign-Trade Zone (FTZ) 121— Albany, New York; Notification of Proposed Production Activity; Curia Global, Inc. (Pharmaceutical Chemicals Production); Rensselaer, New York The Capital District Regional Planning Commission, grantee of FTZ 121, submitted a notification of proposed production activity to the FTZ Board (the Board) on behalf of Curia Global, Inc., located in Rensselaer, New York within Subzone 121A. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on February 1, 2023. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/ component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed finished product(s) and material(s)/component(s) would be added to the production authority that the Board previously approved for the operation, as reflected on the Board’s website. The proposed finished product is 4(3-(4-Cyano-3-(trifluoromethyl)phenyl)5,5-dimethyl-4-oxo-2thioxoimidizolidin-1-yl)-2-fluoro-Nmethylbenzamide (duty rate 6%). The proposed foreign-status materials and components are 2-(3-fluoro-4(methylcarbamoyl)phenylamino)-2methylpropanoic acid and 4Isothiocyanato-2(trifluoromethyl)benzonitrile (duty rate ranges from 3.7% to 6.5%). The request indicates that the materials/components VerDate Sep<11>2014 19:31 Feb 06, 2023 Jkt 259001 are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is March 20, 2023. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Christopher Wedderburn at Chris.Wedderburn@trade.gov. Dated: February 1, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–02539 Filed 2–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–113] Certain Collated Steel Staples From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of certain collated steel staples (collated staples) from the People’s Republic of China (China) during the period of review (POR) from November 12, 2019, through December 31, 2020. DATES: Applicable February 7, 2023. FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Shane Subler, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339 or (202) 482–6241, respectively. AGENCY: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Background On August 5, 2022, Commerce published the Preliminary Results.1 On November 22, 2022, we released the final verification report and invited parties to comment on the Preliminary Results.2 For a detailed description of the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.3 On November 21, 2022,4 in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results until February 1, 2023. Scope of the Order 5 The merchandise subject to the Order is collated staples from China. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly 1 See Certain Collated Staples from the People’s Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2019–2020, 87 FR 47980 (August 5, 2022) (Preliminary Results) and accompanying Preliminary Decision Memorandum. 2 See Memoranda, ‘‘Verification of the Questionnaire Responses of Tianjin Hweschun Fasteners Manufacturing Co., Ltd.,’’ dated November 22, 2022 (Verification Report); and ‘‘Case Brief Schedule,’’ dated November 22, 2022. 3 See Memorandum, ‘‘Certain Collated Steel Staples from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2019–2020 Countervailing Duty Administrative Review,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Extension of Deadline for the Final Results of Countervailing Duty Administrative Review; 2020,’’ dated November 21, 2022. 5 See Certain Collated Steel Staples from the People’s Republic of China: Countervailing Duty Order, 85 FR 43813 (July 20, 2020) (Order). E:\FR\FM\07FEN1.SGM 07FEN1 7939 Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices at https://access.trade.gov/public/ FRNoticesListLayout.aspx. questionnaire responses of Tianjin Hweschun.10 Changes Since the Preliminary Results Companies Not Selected for Individual Review Based on our review of the record and comments received from interested parties regarding our Preliminary Results, we made certain revisions to the countervailable subsidy rate calculations for Tianjin Hweschun Fasteners Mfg. Co. Ltd. (Tianjin Hweschun).6 As a result of the changes to Tianjin Hweschun’s program rates, the final rate for the five non-selected companies under review also changed.7 Further, as a result of the changes to Tianjin Hweschun’s program rates and other changes made to the derivation of the total adverse facts available (AFA) rate, the final total AFA rate for the noncooperative mandatory respondents (i.e., China Staple Enterprise (Tianjin) (China Staple) and Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda)) also changed.8 These changes are explained in the Issues and Decision Memorandum. The statute and Commerce’s regulations do not address the establishment of a 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 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 705(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely on the basis of facts available. As stated above, there are five companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross owned with a mandatory respondent. For these non-selected companies, because the rate calculated for the only participating mandatory respondent in this review, Tianjin Hweschun, was above de minimis and not based entirely on facts available, we are applying to the five non-selected companies Tianjin Hweschun’s subsidy rate. This methodology used to establish the rate for the non-selected companies is consistent with our practice regarding the calculation of the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.9 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act. Verification ddrumheller on DSK120RN23PROD with NOTICES Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(iv), we conducted verification of the 6 See Memorandum, ‘‘Final Results Calculations for Tianjin Hweschun Fasteners Manufacturing Co., Ltd.,’’ dated concurrently with this notice. 7 The five non-selected companies under review are: A-Jax International Co., Ltd., China Dinghao Co., Ltd., Rise Time Industrial Ltd., Shaoxing Bohui Import Export Co., Ltd., and Zhejiang Best Nail Industrial Co., Ltd. 8 For information detailing the derivation of the AFA rate applied, see Memorandum, ‘‘AFA Calculation Memorandum for the Final Results in the Administrative Review of Certain Collated Steel Staples from the People’s Republic of China,’’ dated concurrently with this memorandum (AFA Calculation Memorandum). 9 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Sep<11>2014 18:52 Feb 06, 2023 Jkt 259001 Producer/exporter Final Results of Review We find the countervailable subsidy rates for the mandatory and nonselected respondents under review for the period of November 12, 2019, through December 31, 2020, to be as follows: Subsidy rate (percent ad valorem) Producer/exporter Tianjin Hweschun Fasteners Mfg. Co. Ltd ......................................... China Staple Enterprise (Tianjin) .... Shanghai Yueda Nails Co., Ltd ....... 10 See PO 00000 Verification Report. Frm 00002 Fmt 4703 Sfmt 4703 62.18 319.30 319.30 Subsidy rate (percent ad valorem) Review-Specific Rate Applicable to Non-Selected Companies A-Jax International Co., Ltd ............ China Dinghao Co., Ltd .................. Rise Time Industrial Ltd .................. Shaoxing Bohui Import Export Co., Ltd ................................................ Zhejiang Best Nail Industrial Co., Ltd ................................................ 62.18 62.18 62.18 62.18 62.18 Disclosure We intend to disclose the calculations performed in connection with the final results of review to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. 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 In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all nonreviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of the final results of review, shall remain in effect until further notice. E:\FR\FM\07FEN1.SGM 07FEN1 7940 Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: February 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Alleged Upstream Subsidies on Galvanized Steel Wire V. Diversification of China’s Economy VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Subsidies Valuation Information VIII. Analysis of Programs IX. Discussion of the Issues Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to the Export Buyer’s Credit Program Comment 2: Whether Commerce Should Conduct the Upstream Subsidy Investigation Comment 3: Whether Commerce Should Apply AFA to the Provision of Wire Rod and Galvanized Steel Wire for Less Than Adequate Remuneration (LTAR) Comment 4: Whether Inland Freight and Value-Added Tax (VAT) Included in the Wire Rod and Galvanized Wire Benchmarks Should Be Removed Comment 5: Whether Commerce Should Apply AFA to the Provision of Electricity for LTAR Comment 6: Whether Import Compliance Costs Should Be Included in the Wire Rod and Galvanized Steel Wire Benchmarks Comment 7: May 2020 Exchange Rate Calculation Comment 8: Ministerial Error in the Benefit Calculations for the Provision of Galvanized Steel Wire for LTAR Program Comment 9a: Provision of Electricity for LTAR Benefit Calculations: Highest Applicable Benchmark Rates Comment 9b: Provision of Electricity for LTAR Benefit Calculations: Benchmark for ‘‘Unspecified’’ Electricity Categories VerDate Sep<11>2014 18:52 Feb 06, 2023 Jkt 259001 Comment 9c: Provision of Electricity for LTAR Benefit Calculations: Electricity Prices Paid by Tianjin Hweschun Comment 10: Total AFA Rate X. Recommendation [FR Doc. 2023–02591 Filed 2–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic from the People’s Republic of China: Final Results of Expedited Fifth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on fresh garlic (garlic) from the People’s Republic of China (China) would likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable February 7, 2023. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 3, 2022, Commerce published the notice of initiation of the sunset review of the AD order on garlic from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 On October 12, 2022, Commerce received a notice of intent to participate from the domestic interested parties 2 with respect to the Order, within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested 1 See Initiation of Five-Year Sunset Reviews, 87 FR 59779 (October 3, 2022); see also Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 59209 (November 16, 1994) (Order). 2 The domestic interested parties in this sunset review are the petitioners, who consist of the Fresh Garlic Producers Association and its individual members: Christopher Ranch L.L.C., The Garlic Company, and Valley Garlic, Inc. 3 See Petitioners’ Letter, ‘‘Five-Year (‘‘Sunset’’) Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China— Petitioners’ Notice of Intent to Participate,’’ dated October 12, 2022. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 party status under section 771(9)(C) of the Act as manufacturers of the domestic like product in the United States.4 On June 1, 2022, the domestic interested parties submitted a timely substantive response for this sunset review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce did not receive a substantive response from any other interested parties with respect to the Order covered by this sunset review. On November 30, 2022, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties in this sunset review.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of this Order. Scope of the Order The products covered by the Order are all grades of garlic, whole or separated into constituent cloves. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.7 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNotices/ListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c) and 752(c) of the Act, Commerce determines that revocation of the Order would be likely 4 Id. 5 See Petitioners’ Letter, ‘‘Five-Year (‘‘Sunset’’) Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China— Petitioners’ Substantive Response to the Department’s Notice of Initiation,’’ dated November 2, 2022. 6 See Commerce’s Letter, ‘‘Sunset Reviews for October 2022,’’ dated November 30, 2022. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7938-7940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02591]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-113]


Certain Collated Steel Staples From the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review; 
2019-2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to producers and exporters of 
certain collated steel staples (collated staples) from the People's 
Republic of China (China) during the period of review (POR) from 
November 12, 2019, through December 31, 2020.

DATES: Applicable February 7, 2023.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Shane Subler, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-6241, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2022, Commerce published the Preliminary Results.\1\ 
On November 22, 2022, we released the final verification report and 
invited parties to comment on the Preliminary Results.\2\ For a 
detailed description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\3\ On 
November 21, 2022,\4\ in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act), Commerce extended the 
deadline for issuing the final results until February 1, 2023.
---------------------------------------------------------------------------

    \1\ See Certain Collated Staples from the People's Republic of 
China: Preliminary Results and Partial Rescission of the 
Countervailing Duty Administrative Review; 2019-2020, 87 FR 47980 
(August 5, 2022) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memoranda, ``Verification of the Questionnaire Responses 
of Tianjin Hweschun Fasteners Manufacturing Co., Ltd.,'' dated 
November 22, 2022 (Verification Report); and ``Case Brief 
Schedule,'' dated November 22, 2022.
    \3\ See Memorandum, ``Certain Collated Steel Staples from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Countervailing Duty Administrative 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
    \4\ See Memorandum, ``Extension of Deadline for the Final 
Results of Countervailing Duty Administrative Review; 2020,'' dated 
November 21, 2022.
---------------------------------------------------------------------------

Scope of the Order \5\
---------------------------------------------------------------------------

    \5\ See Certain Collated Steel Staples from the People's 
Republic of China: Countervailing Duty Order, 85 FR 43813 (July 20, 
2020) (Order).
---------------------------------------------------------------------------

    The merchandise subject to the Order is collated staples from 
China. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in the appendix to this 
notice. The Issues and 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 Issues and Decision Memorandum can 
be accessed directly

[[Page 7939]]

at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the countervailable subsidy rate calculations for Tianjin 
Hweschun Fasteners Mfg. Co. Ltd. (Tianjin Hweschun).\6\ As a result of 
the changes to Tianjin Hweschun's program rates, the final rate for the 
five non-selected companies under review also changed.\7\ Further, as a 
result of the changes to Tianjin Hweschun's program rates and other 
changes made to the derivation of the total adverse facts available 
(AFA) rate, the final total AFA rate for the non-cooperative mandatory 
respondents (i.e., China Staple Enterprise (Tianjin) (China Staple) and 
Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda)) also changed.\8\ These 
changes are explained in the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Final Results Calculations for Tianjin 
Hweschun Fasteners Manufacturing Co., Ltd.,'' dated concurrently 
with this notice.
    \7\ The five non-selected companies under review are: A-Jax 
International Co., Ltd., China Dinghao Co., Ltd., Rise Time 
Industrial Ltd., Shaoxing Bohui Import Export Co., Ltd., and 
Zhejiang Best Nail Industrial Co., Ltd.
    \8\ For information detailing the derivation of the AFA rate 
applied, see Memorandum, ``AFA Calculation Memorandum for the Final 
Results in the Administrative Review of Certain Collated Steel 
Staples from the People's Republic of China,'' dated concurrently 
with this memorandum (AFA Calculation Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\9\ The Issues and Decision 
Memorandum contains a full description of the methodology underlying 
Commerce's conclusions, including any determination that relied upon 
the use of adverse facts available pursuant to sections 776(a) and (b) 
of the Act.
---------------------------------------------------------------------------

    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Verification

    Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(iv), 
we conducted verification of the questionnaire responses of Tianjin 
Hweschun.\10\
---------------------------------------------------------------------------

    \10\ See Verification Report.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a 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 705(c)(5) of the Act, which 
provides instructions for determining the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
which were not selected for individual examination in an administrative 
review. Under section 705(c)(5)(A) of the Act, the all-others rate is 
normally an amount equal to the weighted average of the countervailable 
subsidy rates established for exporters and producers individually 
investigated, excluding any zero or de minimis countervailable subsidy 
rates, and any rates determined entirely on the basis of facts 
available.
    As stated above, there are five companies for which a review was 
requested and not rescinded, and which were not selected as mandatory 
respondents or found to be cross owned with a mandatory respondent. For 
these non-selected companies, because the rate calculated for the only 
participating mandatory respondent in this review, Tianjin Hweschun, 
was above de minimis and not based entirely on facts available, we are 
applying to the five non-selected companies Tianjin Hweschun's subsidy 
rate. This methodology used to establish the rate for the non-selected 
companies is consistent with our practice regarding the calculation of 
the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act.

Final Results of Review

    We find the countervailable subsidy rates for the mandatory and 
non-selected respondents under review for the period of November 12, 
2019, through December 31, 2020, to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Tianjin Hweschun Fasteners Mfg. Co. Ltd.................           62.18
China Staple Enterprise (Tianjin).......................          319.30
Shanghai Yueda Nails Co., Ltd...........................          319.30
------------------------------------------------------------------------
                   Review-Specific Rate Applicable to
                         Non-Selected Companies
------------------------------------------------------------------------
A-Jax International Co., Ltd............................           62.18
China Dinghao Co., Ltd..................................           62.18
Rise Time Industrial Ltd................................           62.18
Shaoxing Bohui Import Export Co., Ltd...................           62.18
Zhejiang Best Nail Industrial Co., Ltd..................           62.18
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
the final results of review to parties in this proceeding within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S Customs and Border Protection (CBP) 
shall assess, countervailing duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed. 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

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review. For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of the 
final results of review, shall remain in effect until further notice.

[[Page 7940]]

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: February 1, 2023.
Lisa W. Wang,
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. Alleged Upstream Subsidies on Galvanized Steel Wire
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Export Buyer's Credit Program
    Comment 2: Whether Commerce Should Conduct the Upstream Subsidy 
Investigation
    Comment 3: Whether Commerce Should Apply AFA to the Provision of 
Wire Rod and Galvanized Steel Wire for Less Than Adequate 
Remuneration (LTAR)
    Comment 4: Whether Inland Freight and Value-Added Tax (VAT) 
Included in the Wire Rod and Galvanized Wire Benchmarks Should Be 
Removed
    Comment 5: Whether Commerce Should Apply AFA to the Provision of 
Electricity for LTAR
    Comment 6: Whether Import Compliance Costs Should Be Included in 
the Wire Rod and Galvanized Steel Wire Benchmarks
    Comment 7: May 2020 Exchange Rate Calculation
    Comment 8: Ministerial Error in the Benefit Calculations for the 
Provision of Galvanized Steel Wire for LTAR Program
    Comment 9a: Provision of Electricity for LTAR Benefit 
Calculations: Highest Applicable Benchmark Rates
    Comment 9b: Provision of Electricity for LTAR Benefit 
Calculations: Benchmark for ``Unspecified'' Electricity Categories
    Comment 9c: Provision of Electricity for LTAR Benefit 
Calculations: Electricity Prices Paid by Tianjin Hweschun
    Comment 10: Total AFA Rate
X. Recommendation

[FR Doc. 2023-02591 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P

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