Certain Collated Steel Staples From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2021-2022, 85242-85243 [2023-26893]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85242-85243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26893]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Tianjin Hweschun), 
the sole mandatory respondent in this review, did not sell subject 
merchandise to the United States at prices below normal value (NV) 
during the period of review (POR), July 1, 2021, through June 30, 2022. 
Commerce further determines that Zhejiang Best Nail Industrial Co., 
Ltd. (Best Nail)/Shaoxing Bohui Import & Export Co., Ltd. (Shaoxing 
Bohui) (collectively, Best Nail/Shaoxing Bohui), Tianjin Jinyifeng 
Hardware Co., Ltd. (Tianjin Jinyifeng), and Unicorn Fasteners Co., Ltd. 
(Unicorn Fasteners) made no shipments of subject merchandise from the 
People's Republic of China (China) during the POR. Commerce also 
determines that China Staple (Tianjin) Co., Ltd. (China Staple), 
Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda), and Shijiazhuang 
Shuangming Trade Co., Ltd. (Shijiazhuang Shuangming) have not 
established eligibility for a separate rate and, therefore, are part of 
the China-wide entity.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Brian Smith, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2023, Commerce published the Preliminary Results.\1\ 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
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    \1\ See 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; 
2021-2022, 88 FR 51284 (August 3, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Certain Collated Steel Staples from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Antidumping Duty Administrative 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Certain Collated Steel Staples from the People's 
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20, 
2020) (Order).
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    The merchandise covered by the Order is certain collated steel 
staples, which are primarily classifiable under subheading 8305.20.0000 
of the Harmonized Tariff Schedule of the United States (HTSUS). While 
the HTSUS subheading is provided for convenience and for customs 
purposes, the written description of the subject merchandise is 
dispositive. 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 Appendix I 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/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 one 
change to the margin calculation for Tianjin Hweschun.\4\
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    \4\ See Issues and Decision Memorandum for further discussion; 
see also Memorandum, ``Final Results Calculation Memorandum for 
Tianjin Hweschun,'' dated concurrently with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that Best 
Nail/Shaoxing Bohai, Tianjin Jinyifeng, and Unicorn Fasteners had no 
shipments of subject merchandise to the United States during the 
POR.\5\ No party filed comments with respect to this preliminary 
finding and we received no information to contradict it. Therefore, we 
continue to find that these three companies had no shipments of subject 
merchandise during the POR and will issue appropriate liquidation 
instructions that are consistent with our ``automatic assessment'' 
clarification for these final results.\6\
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    \5\ See Preliminary Results, 88 FR at 51284.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rate Eligibility

    In our Preliminary Results, we determined that only Tianjin 
Hweschun demonstrated its eligibility for a separate rate.\7\ As we 
received no information or interested party arguments to the contrary 
since the issuance of the Preliminary Results, we continue to find that 
this company is eligible for a separate rate.
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    \7\ See Preliminary Results PDM at 5-7.
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The China-Wide Entity

    In the Preliminary Results, Commerce found that China Staple, 
Shanghai Yueda, and Shijiazhuang Shuangming did not establish 
eligibility for a separate rate because they did not file timely 
separate rate applications or separate rate certifications, as 
appropriate.\8\ No parties submitted comments on this preliminary 
finding, and we continue to determine that each of these entities did 
not establish its eligibility for a separate rate. Therefore, we 
determine China Staple, Shanghai Yueda, and Shijiazhuang Shuangming to 
be part of the China-wide entity. Because no 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,\9\ we did not conduct a review of the China-

[[Page 85243]]

wide entity. Thus, the weighted-average dumping margin for the China-
wide entity, as adjusted for export subsidies (i.e., 112.01 
percent),\10\ is not subject to change as a result of this review.
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    \8\ Id. at 7.
    \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, 65969-70 (November 
4, 2013).
    \10\ See Order, 86 FR at 43816. The weighted-average dumping 
margin for the China-wide entity (122.55 percent) was adjusted for 
export subsidies to determine the cash deposit rate (112.01 percent) 
for companies in the China-wide entity.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for Tianjin Hweschun for the period July 1, 2021, through 
June 30, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Tianjin Hweschun Fasteners Manufacturing Co., Ltd..........        0.00
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Disclosure

    We intend to disclose the calculations performed 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, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these final results of review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of these final results. 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).
    For Tianjin Hweschun, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\11\ For 
entries that were not reported in the U.S. sales database submitted by 
Tianjin Hweschun during this review, Commerce will instruct CBP to 
liquidate such entries at the China-wide rate (i.e., 112.01 percent).
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    \11\ See 19 CFR 351.106(c)(2).
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    For the companies identified as part of the China-wide entity 
(i.e., China Staple, Shanghai Yueda, and Shijiazhuang Shuangming), we 
will instruct CBP to apply the China-wide rate to all entries of 
subject merchandise during the POR which were exported by these 
companies.
    For Best Nail/Shaoxing Bohai, Tianjin Jinyifeng, and Unicorn 
Fasteners, which Commerce determined had no shipments of the subject 
merchandise during the POR, any suspended entries that entered under 
each of these exporters' case numbers (i.e., at that exporter's cash 
deposit rate) will be liquidated at the rate for the China-wide entity, 
consistent with Commerce's assessment practice in non-market economy 
cases.\12\
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    \12\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative 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 by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for Tianjin Hweschun 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 exporter-
specific rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 112.01 
percent); 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(s) that supplied 
that non-Chinese exporter. These per-unit cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 and/or countervailing 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 and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties, 
and/or increase in the amount of antidumping duties by the amount of 
the countervailing duties.

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: November 30, 2023.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Deduction of Countervailing Duties From U.S. Price
    Comment 2: Valuation of Labor
    Comment 3: Steel Scrap Offset
VI. Recommendation

[FR Doc. 2023-26893 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P