Certain Steel Nails From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 58242-58244 [2023-18314]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 58242 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) to or on behalf of a Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to Ilya Balakaev and Radiotester OOO a/k/a Radiotester VerDate Sep<11>2014 18:23 Aug 24, 2023 Jkt 259001 LLC by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. In accordance with the provisions of section 766.24(e) of the EAR, Ilya Balakaev and Radiotester OOO a/k/a Radiotester LLC may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. Respondents Ilya Balakaev and Radiotester OOO a/k/ a Radiotester LLC may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on each denied person and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–18311 Filed 8–24–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails Industry Co., Ltd. (Shanghai Yueda), an exporter of certain steel nails from the People’s Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) August 1, 2021, through July 31, 2022. Interested parties are invited to comment on these preliminary results. DATES: Applicable August 25, 2023. AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Bob Palmer or Bill Horn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068 or (202) 482–4868, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background This administrative review is being conducted in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this administrative review on October 11, 2022.1 On March 28, 2023, Commerce extended the preliminary results deadline until August 18, 2023.2 Scope of the Order 3 The products covered by the Order are nails from China. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.4 Preliminary Determination of No Shipments Based on our analysis of U.S. Customs and Border Protection (CBP) information, and the no shipment certifications submitted by eight companies,5 Commerce preliminarily determines that these companies had no shipments of subject merchandise during the POR. Consistent with our practice in nonmarket economy (NME) cases, we are not rescinding this review but instead intend to complete the review with respect to these eight companies for which we have preliminarily found no shipments and issue appropriate 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 61278 (October 11, 2022). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated March 29, 2023. 3 See Notice of Antidumping Duty Order: Certain Steel Nails from the People’s Republic of China, 73 FR 44961 (August 1, 2008) (Order). 4 For a complete description of the scope of the Order, see Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Steel Nails from the People’s Republic of China; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 The companies that we preliminarily determine had no shipments during the POR are: (1) Hebei Minmetals Co., Ltd.; (2) Nanjing Caiqing Hardware Co., Ltd.; (3) Nanjing Yuechang Hardware Co., Ltd.; (4) Shandong Qingyun Hongyi Hardware Products Co., Ltd.; (5) Shanxi Hairui Trade Co., Ltd.; (6) Suntec Industries Co., Ltd.; (7) Tianjin Jinchi Metal Products Co., Ltd.; and (8) Xi’an Metals & Minerals Import & Export Co., Ltd. E:\FR\FM\25AUN1.SGM 25AUN1 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices instructions to CBP based on the final results of the review.6 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. We calculated export prices in accordance with section 772 of the Act. Because China is an NME country within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Verification As provided in sections 782(i)(3)(A)– (B) of the Act, we intend to verify the information upon which we will rely in determining our final results of review with respect to the mandatory respondent, Shanghai Yueda. ddrumheller on DSK120RN23PROD with NOTICES1 Preliminary Results of the Review Commerce preliminarily finds that two companies for which a review was requested, Dezhou Hualude Hardware Products Co., Ltd. and S-Mart (Tianjin) Technology Development Co., Ltd., did not establish eligibility for a separate rate because they failed to provide either a separate rate application, separate rate certification, or respond to section A of Commerce’s NME questionnaire. As such, we preliminarily determine that these two companies are part of the China-wide entity.7 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) (NME Practice). 7 Because no interested party requested a review of the China-wide entity and Commerce no longer considers the China-wide entity as an exporter conditionally subject to administrative reviews, we did not conduct a review of the China-wide entity. Thus, the rate (i.e., 118.04 percent) for the Chinawide entity is not subject to change as a result of this review. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the VerDate Sep<11>2014 18:23 Aug 24, 2023 Jkt 259001 As a result of our analysis of the information on the record, Commerce preliminarily determines the following estimated weighted-average dumping margin exists for the POR: Weightedaverage dumping margin (percent ad valorem) Exporter Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails Industry Co., Ltd ..................................... 20.49 Disclosure and Public Comment Commerce intends to disclose the calculations performed for these preliminary results to the parties no later than five days after the date of publication of this notice in accordance with 19 CFR 351.224(b). Because, as noted above, Commerce intends to verify the information upon which it will rely in making its final determination, interested parties may submit written comments in the form of case briefs within seven days after the issuance of the verification report and rebuttal comments in the form of rebuttal briefs within seven days after the time limit for filing case briefs.8 Parties who submit case briefs or rebuttal briefs in this proceeding 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. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the case briefs are filed.9 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether any of those individuals is a foreign national; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.10 If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.11 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions to Commerce must be filed electronically using ACCESS 12 and must also be served on interested parties.13 An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the document is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.14 Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of the date of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act, unless this deadline is extended. 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.15 Commerce intends to issue assessment instructions to CBP 35 days after the publication date 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). If Shanghai Yueda’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 on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total quantity of those sales, in accordance with 19 CFR 351.212(b)(1).16 Commerce will also calculate estimated ad valorem importer-specific assessment rates with which to assess whether the per-unit 11 See Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65969–70 (November 4, 2013). 8 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 CFR 351.303 (for general filing requirements). 9 See 19 CFR 351.309(d); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 10 See 19 CFR 351.310(c). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 58243 19 CFR 351.310(d). 19 CFR 351.303. 13 See 19 CFR 351.303(f). 14 See Temporary Rule. 15 See 19 CFR 351.212(b)(1). 16 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). 12 See E:\FR\FM\25AUN1.SGM 25AUN1 58244 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices assessment rate is de minimis.17 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific ad valorem assessment rate calculated in the final results of this review is not zero or de minimis. Where Shanghai Yueda’s ad valorem weightedaverage dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis,18 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the final results, if we continue to treat the two companies, identified above, as part of the China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 118.04 percent to all entries of subject merchandise during the POR which was exported by those companies. For entries that were not reported in the U.S. sales data submitted by Shanghai Yueda, Commerce will instruct CBP to liquidate such entries at the rate for the China-wide entity.19 Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the Chinawide entity.20 In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, as applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for Shanghai Yueda, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except that if the ad valorem rate is de minimis, then the cash deposit rate will be zero); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the existing exporter-specific cash deposit 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; and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the 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)(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. Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19 CFR 351.221(b)(4). Dated: August 18, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of the Methodology VI. Recommendation ddrumheller on DSK120RN23PROD with NOTICES1 [FR Doc. 2023–18314 Filed 8–24–23; 8:45 am] 17 For calculated (estimated) ad valorem importer-specific assessment rates used in determining whether the per-unit assessment rate is de minimis, see Memorandum, ‘‘Preliminary Results Margin Calculation for Shanghai Yueda Nails Co., Ltd.,’’ dated concurrently with this notice, and accompanying Margin Calculation Program Logs and Outputs. 18 See 19 CFR 351.106(c)(2). 19 See NME Practice for a full discussion. 20 Id. VerDate Sep<11>2014 18:23 Aug 24, 2023 Jkt 259001 BILLING CODE 3510–DS–P PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–570–914] Light-Walled Rectangular Pipe and Tube From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) continues to find that Hangzhou Ailong Metal Product Co., Ltd. (Ailong), the sole company subject to the administrative review of the antidumping duty order on light-walled rectangular pipe and tube from the People’s Republic of China (China) covering the period of review (POR) August 1, 2021, through July 31, 2022, is not eligible for a separate rate and, thus, is part of the China-wide entity. DATES: Applicable August 25, 2023. FOR FURTHER INFORMATION CONTACT: Stephen Bailey, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0193. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 2, 2023, Commerce published the preliminary results for this administrative review.1 We invited interested parties to comment on the Preliminary Results. No interested parties submitted comments. Accordingly, Commerce has made no changes to the Preliminary Results. Because Commerce received no comments on the Preliminary Results, we have not modified our analysis and no decision memorandum accompanies this Federal Register notice. We are adopting the Preliminary Results as the final results of this review. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 2 The merchandise subject to this Order is certain welded carbon quality light1 See Light-Walled Rectangular Pipe and Tube from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2021–2022, 88 FR 27444 (May 2, 2023) (Preliminary Results). 2 See Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58242-58244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18314]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda 
Nails Industry Co., Ltd. (Shanghai Yueda), an exporter of certain steel 
nails from the People's Republic of China (China), sold subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) August 1, 2021, through July 31, 
2022. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable August 25, 2023.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Bill Horn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-4868, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Commerce published the notice of initiation of this administrative 
review on October 11, 2022.\1\ On March 28, 2023, Commerce extended the 
preliminary results deadline until August 18, 2023.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 29, 
2023.
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(Order).
---------------------------------------------------------------------------

    The products covered by the Order are nails from China. A full 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Steel Nails from the 
People's Republic of China; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, and the no shipment certifications submitted by eight 
companies,\5\ Commerce preliminarily determines that these companies 
had no shipments of subject merchandise during the POR.
---------------------------------------------------------------------------

    \5\ The companies that we preliminarily determine had no 
shipments during the POR are: (1) Hebei Minmetals Co., Ltd.; (2) 
Nanjing Caiqing Hardware Co., Ltd.; (3) Nanjing Yuechang Hardware 
Co., Ltd.; (4) Shandong Qingyun Hongyi Hardware Products Co., Ltd.; 
(5) Shanxi Hairui Trade Co., Ltd.; (6) Suntec Industries Co., Ltd.; 
(7) Tianjin Jinchi Metal Products Co., Ltd.; and (8) Xi'an Metals & 
Minerals Import & Export Co., Ltd.
---------------------------------------------------------------------------

    Consistent with our practice in non-market economy (NME) cases, we 
are not rescinding this review but instead intend to complete the 
review with respect to these eight companies for which we have 
preliminarily found no shipments and issue appropriate

[[Page 58243]]

instructions to CBP based on the final results of the review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Practice).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices in accordance with 
section 772 of the Act. Because China is an NME country within the 
meaning of section 771(18) of the Act, NV has been calculated in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is included as 
an Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the information upon which we will rely in determining our final 
results of review with respect to the mandatory respondent, Shanghai 
Yueda.

Preliminary Results of the Review

    Commerce preliminarily finds that two companies for which a review 
was requested, Dezhou Hualude Hardware Products Co., Ltd. and S-Mart 
(Tianjin) Technology Development Co., Ltd., did not establish 
eligibility for a separate rate because they failed to provide either a 
separate rate application, separate rate certification, or respond to 
section A of Commerce's NME questionnaire. As such, we preliminarily 
determine that these two companies are part of the China-wide 
entity.\7\
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    \7\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity 
as an exporter conditionally subject to administrative reviews, we 
did not conduct a review of the China-wide entity. Thus, the rate 
(i.e., 118.04 percent) for the China-wide entity is not subject to 
change as a result of this review. 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, 65969-70 (November 4, 2013).
---------------------------------------------------------------------------

    As a result of our analysis of the information on the record, 
Commerce preliminarily determines the following estimated weighted-
average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                         margin (percent
                                                           ad valorem)
------------------------------------------------------------------------
Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda             20.49
 Nails Industry Co., Ltd...............................
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties no later than five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Because, as noted above, Commerce intends to verify the information 
upon which it will rely in making its final determination, interested 
parties may submit written comments in the form of case briefs within 
seven days after the issuance of the verification report and rebuttal 
comments in the form of rebuttal briefs within seven days after the 
time limit for filing case briefs.\8\ Parties who submit case briefs or 
rebuttal briefs in this proceeding 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. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the case briefs are filed.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \9\ See 19 CFR 351.309(d); Temporary Rule Modifying AD/CVD 
Service Requirements Due to COVID-19; Extension of Effective Period, 
85 FR 41363 (July 10, 2020) (Temporary Rule).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether any of those individuals is a foreign national; and (3) a list 
of issues parties intend to discuss. Issues raised in the hearing will 
be limited to those raised in the respective case and rebuttal 
briefs.\10\ If a request for a hearing is made, Commerce intends to 
hold the hearing at a date and time to be determined.\11\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
ACCESS \12\ and must also be served on interested parties.\13\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the 
document is due. Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\14\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule.
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any briefs, within 120 days of the date of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act, 
unless this deadline is extended.

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.\15\ Commerce intends to issue assessment instructions 
to CBP 35 days after the publication date 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).
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If Shanghai Yueda'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 on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
quantity of those sales, in accordance with 19 CFR 351.212(b)(1).\16\ 
Commerce will also calculate estimated ad valorem importer-specific 
assessment rates with which to assess whether the per-unit

[[Page 58244]]

assessment rate is de minimis.\17\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate calculated in the 
final results of this review is not zero or de minimis. Where Shanghai 
Yueda's ad valorem weighted-average dumping margin is zero or de 
minimis, or an importer-specific ad valorem assessment rate is zero or 
de minimis,\18\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \16\ 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).
    \17\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Memorandum, ``Preliminary Results Margin 
Calculation for Shanghai Yueda Nails Co., Ltd.,'' dated concurrently 
with this notice, and accompanying Margin Calculation Program Logs 
and Outputs.
    \18\ See 19 CFR 351.106(c)(2).
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    For the final results, if we continue to treat the two companies, 
identified above, as part of the China-wide entity, we will instruct 
CBP to apply an ad valorem assessment rate of 118.04 percent to all 
entries of subject merchandise during the POR which was exported by 
those companies.
    For entries that were not reported in the U.S. sales data submitted 
by Shanghai Yueda, Commerce will instruct CBP to liquidate such entries 
at the rate for the China-wide entity.\19\ Additionally, if Commerce 
determines that an exporter under review had no shipments of the 
subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's cash deposit rate) 
will be liquidated at the rate for the China-wide entity.\20\
---------------------------------------------------------------------------

    \19\ See NME Practice for a full discussion.
    \20\ Id.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, as applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for Shanghai Yueda, 
the cash deposit rate will be equal to the weighted-average dumping 
margin established in the final results of this review (except that if 
the ad valorem rate is de minimis, then the cash deposit rate will be 
zero); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the existing exporter-specific cash 
deposit 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; and (4) for all non-
Chinese exporters of subject merchandise which have not received their 
own separate rate, the cash deposit rate will be the rate applicable to 
the 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)(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.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: August 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-18314 Filed 8-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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