Certain Collated Steel Staples From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021, 88581-88582 [2023-28209]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88581-88582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28209]


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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; 2021

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 
January 1, 2021, through December 31, 2021.

DATES: Applicable December 22, 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 July 7, 2023, Commerce published the Preliminary Results.\1\ For 
a complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ On 
October 16, 2023, 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 December 15, 2023.\3\
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    \1\ See Certain Collated Steel Staples from the People's 
Republic of China: Preliminary Results and Partial Rescission of the 
Countervailing Duty Administrative Review; 2021, 88 FR 43288 (July 
7, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021 Countervailing Duty Administrative Review 
of Certain Collated Steel Staples from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for the Final 
Results of Countervailing Duty Administrative Review; 2021,'' dated 
October 16, 2023.
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Scope of the Order \4\
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    \4\ See Certain Collated Steel Staples from the People's 
Republic of China: Countervailing Duty Order, 85 FR 43813 (July 20, 
2020) (Order).
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    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 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 Manufacturing Co. Ltd. (Tianjin Hweschun), the sole 
mandatory respondent in this review.\5\ As a result of the changes to 
Tianjin Hweschun's program rates, the final rate for the four companies 
under review which were not selected for individual examination also 
changed.\6\ These changes are explained in the Issues and Decision 
Memorandum.
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    \5\ See Memorandum, ``Final Results Calculations for Tianjin 
Hweschun Fasteners Manufacturing Co., Ltd.,'' dated concurrently 
with this notice; see also Preliminary Results, 88 FR at 43289.
    \6\ The four non-selected companies under review are: Ningbo 
Pacrim Manufacturing Co., Ltd., Shanghai Jade Shuttle Hardware, 
Shaoxing Bohui Import Export Co., Ltd., and Youngwoo (Cangzhou) 
Fasteners Co., Ltd. See Preliminary Results, 88 FR at 43289.
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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.\7\ 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.
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    \7\ 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.
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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(e)(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 four 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 the mandatory respondent. 
Because the rate calculated for the only mandatory respondent in this 
review, Tianjin Hweschun, was above de minimis and not based entirely 
on facts available, we are applying Tianjin Hweschun's subsidy rate to 
these non-selected companies,. 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.
    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes

[[Page 88582]]

in the calculation for Tianjin Hweschun, we revised the non-selected 
rate accordingly. Consequently, for the four companies not selected for 
individual examination and for which the review was not rescinded, we 
are applying an ad valorem subsidy rate of 50.58 percent.

Final Results of Review

    We find the net countervailable subsidy rates for the mandatory and 
non-selected respondents under review for the period of January 1, 
2021, through December 31, 2021, to be as follows:

------------------------------------------------------------------------
                                                  Subsidy rate (percent
               Producer/exporter                       ad valorem)
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Tianjin Hweschun Fasteners Manufacturing Co.,                      50.58
 Ltd...........................................
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        Review-Specific Rate Applicable to Non-Selected Companies
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Ningbo Pacrim Manufacturing Co., Ltd...........                    50.58
Shanghai Jade Shuttle Hardware.................                    50.58
Shaoxing Bohui Import Export Co., Ltd..........                    50.58
Youngwoo (Cangzhou) Fasteners Co., Ltd.........                    50.58
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Disclosure

    We intend to disclose the calculations and analysis performed in 
connection with the final results of review to parties to the 
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.

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: December 15, 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. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Analysis of Programs
IX. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Provision of Wire Rod and Galvanized Steel Wire for 
Less Than Adequate Remuneration (LTAR) Programs
    Comment 2: Whether Commerce Should Apply AFA to the Provision of 
Electricity for LTAR Program
    Comment 3: Whether Commerce Should Apply AFA to the Export 
Buyer's Credit (EBC) Program
    Comment 4: Whether Commerce Should Apply AFA to the Provision of 
Land-Use Rights to Favored Industries for LTAR Program for Financial 
Contribution and Specificity
    Comment 5: Whether Commerce Should Apply AFA to ``Other 
Subsidies''
    Comment 6: Whether Commerce Should Remove Inland Freight and 
Value-Added Taxes (VAT) from the Wire Rod and Galvanized Steel Wire 
Benchmarks
    Comment 7: Whether Tianjin Hweschun Received a Benefit Under the 
Provision of Land-Use Rights to Favored Industries for LTAR Program
X. Recommendation

[FR Doc. 2023-28209 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DS-P