Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Determination of No Shipments; 2021-2022, 14630-14632 [2024-04075]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14630-14632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04075]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and 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 
Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails Industry 
Co., Ltd.

[[Page 14631]]

(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. Commerce further 
determines that certain companies made no shipments of the subject 
merchandise during the POR.

DATES: Applicable February 28, 2024.

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

    On August 25, 2023, Commerce published the Preliminary Results of 
this administrative review.\1\ For the events subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ On 
November 29, 2023,\3\ 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 21, 2024.
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    \1\ See 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 88 FR 58242 
dated August 25, 2023 (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and Decision 
Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated November 29, 2023.
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Scope of the Order 4
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    \4\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(Order).
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    The products covered by the Order are nails 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 verification findings, review of the record and 
comments received from interested parties regarding our Preliminary 
Results, we made certain revisions to the margin calculations for 
Shanghai Yueda.\5\
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    \5\ See Memorandum, ``Verification of the Questionnaire 
Responses of Shanghai Yueda Nails Co., Ltd.,'' dated January 10, 
2024; Memorandum, ``Final Results Calculation Memorandum for 
Shanghai Yueda,'' dated concurrently with this notice; and 
Memorandum, ``Surrogate Values for the Final Results,'' dated 
concurrently with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that: (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. had no 
shipments of subject merchandise to the United States during the 
POR.\6\ No party filed comments with respect to this preliminary 
determination and we received no information to contradict it. 
Therefore, we continue to find that these 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.\7\
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    \6\ See Preliminary Results, 88 FR at 58242.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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China-Wide Entity

    In our Preliminary Results, we determined that two companies 
subject to this review, 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 non-market economy (NME) questionnaire. As 
such, we preliminarily determined that these two companies are part of 
the China-wide entity.\8\ We received no arguments since the issuance 
of the Preliminary Results that provide a basis for reconsideration of 
these determinations. Therefore, for these final results, we continue 
to find that these two companies are a part of the China-wide entity.
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    \8\ 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).
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Final Results of Administrative Review

    For the company subject to this review, which established its 
eligibility for a separate rate, Commerce determines that the following 
estimated weighted-average dumping margin exists for the period from 
August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails        23.47
 Industry Co., Ltd..........................................
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for the final 
results of this 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, antidumping duties on all appropriate entries covered by 
this review. For Shanghai Yueda, whose weighted-average dumping margin 
is not zero or de minimis (i.e., less than 0.5 percent), Commerce will 
calculate per-unit importer-specific assessment rates by dividing the 
total amount of dumping for reviewed sales of subject merchandise to 
that importer (or customer) by the total quantity sold to that importer 
(or customer).
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the

[[Page 14632]]

importer-specific assessment rate calculated is above de minimis (i.e., 
0.50 percent). To determine whether the duty assessment rates are de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculate importer- (or customer-) specific ad 
valorem ratios based on the estimated entered value. Where an importer-
specific per-unit assessment rate is zero or de minimis, Commerce will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\9\ For U.S. entries that were not reported in the 
U.S. sales data submitted by Shanghai Yueda, but that entered under 
Shanghai Yueda's case number (i.e., at its cash deposit rate), Commerce 
will instruct CBP to liquidate such entries at the cash deposit rate 
for the China-wide entity (i.e., 118.04 percent).
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    \9\ See 19 CFR 351.106(c)(2).
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    We will instruct CBP to apply an ad valorem assessment rate of 
118.04 percent to all POR entries of subject merchandise which were 
exported by the companies in the China-wide entity, including Dezhou 
Hualude Hardware Products Co., Ltd. and S-Mart (Tianjin) Technology 
Development Co., Ltd. In addition, we will instruct CBP to assess any 
suspended entries of subject merchandise associated with the companies 
listed in the ``Final Determination of No Shipments'' section above at 
the China-wide rate.\10\
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    \10\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results 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) for Shanghai Yueda, the cash deposit rate 
will be equal to the weighted-average dumping margin listed in the 
table above; (2) for previously examined Chinese and non-Chinese 
exporters not listed above that received a separate rate in a prior 
completed segment of this proceeding, 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 (i.e., 118.04 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 that supplied that non-Chinese 
exporter. These 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 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 has occurred and the subsequent assessment of 
double antidumping 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.

    Dated: February 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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: Surrogate Financial Statements
    Comment 2: Calculation of Financial Ratios
    Comment 3: Inclusion of Non-Participating Companies in Customs 
Instructions
    Comment 4: Surrogate Value for Steel Scrap
VI. Recommendation

[FR Doc. 2024-04075 Filed 2-27-24; 8:45 am]
BILLING CODE 3510-DS-P