Certain Collated Steel Staples From the People's Republic of China: Preliminary Determination of No Shipments and Partial Rescission of Administrative Review; 2022-2023, 22991-22993 [2024-07011]

Download as PDF Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices completed segment for the most recent period of the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 10.01 percent, the all-others rate established in the LTFV investigation.18 These cash deposit requirements, when imposed, shall remain in effect until further notice. Final Results of Review Notification to Importers This notice 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 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 occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: March 28, 2024. Abdelali Elouaradia, Deputy 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. Discussion of the Methodology V. Currency Conversion VI. Recommendation lotter on DSK11XQN23PROD with NOTICES1 [FR Doc. 2024–07073 Filed 4–2–24; 8:45 am] BILLING CODE 3510–DS–P 18 See Order, 87 FR at 14515. section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h). 19 See 18:18 Apr 02, 2024 International Trade Administration [A–570–112] Certain Collated Steel Staples From the People’s Republic of China: Preliminary Determination of No Shipments and Partial Rescission of Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Zhejiang Best Nail Industrial Co., Ltd. and its affiliated exporter Shaoxing Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) made no shipments of subject merchandise during the period of review (POR) July 1, 2022, through June 30, 2023. In addition, we are rescinding the administrative review with respect to Shanghai Yueda Nail Co., Ltd. (Shanghai Yueda); Tianjin Hweschun Fasteners Manufacturing, Co., Ltd. (Tianjin Hweschun); Vina Hardwares Joint Stock Company (Vina Hardwares); YF Technology Corporation (Thailand) Ltd.; and YF Technology Corporation Limited because the requests for review for these companies were timely withdrawn. We invite interested parties to comment on these preliminary results. AGENCY: Unless the deadline is otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised by interested parties in any case or rebuttal briefs, within 120 days after the date of publication of these preliminary results in the Federal Register.19 VerDate Sep<11>2014 DEPARTMENT OF COMMERCE Jkt 262001 DATES: Applicable April 3, 2024. FOR FURTHER INFORMATION CONTACT: Brian Smith or Kate Johnson, 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 or (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION: Background On September 11, 2023, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the antidumping duty order on certain collated steel staples (staples) from the People’s Republic of China (China) with respect to the following companies: Best Nail/Shaoxing Bohui; Shanghai Yueda; Tianjin Hweschun; Vina Hardwares; YF Technology Corporation (Thailand) Ltd.; and YF Technology Corporation Limited.1 In accordance with the publication of the Initiation Notice, Commerce released data obtained from 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation Notice). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 22991 the U.S. Customs and Border Protection (CBP) with respect to entries of staples from China for the POR and invited comments on the data for respondent selection purposes.2 On October 4, 2023, Vina Hardwares timely withdrew its request for an administrative review.3 On October 11, 2023, Best Nail/Shaoxing Bohui submitted a no shipment claim for this POR segment.4 In response to a noshipment inquiry Commerce issued to CBP, on October 25, 2024, CBP responded that it had no record of any subject entries for Best Nail/Shaoxing Bohui.5 On November 6, 2023, we selected Shanghai Yueda and Tianjin Hweschun as the mandatory respondents in this administrative review.6 We subsequently issued Commerce’s antidumping duty questionnaire to these two companies. On December 7 and 11, 2023, Shanghai Yueda and Tianjin Hweschun, respectively, withdrew their requests for administrative review.7 On December 11, 2023, Kyocera Senco Industrial Tools, Inc. (Kyocera Senco), a domestic producer of staples, withdrew its request for an administrative review of Tianjin Hweschun.8 On this same date, Black & Decker, a U.S. importer, withdrew its request for an administrative review of YF Technology Corporation (Thailand) Ltd. and YF Technology Corporation Limited.9 2 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Data,’’ dated September 15, 2023 (CBP Entry Data). 3 See Vina Hardwares’ Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated October 4, 2023. 4 See Best Nail/Shaoxing Bohui’s Letter, ‘‘Submission of Statement of No Shipment,’’ dated October 11, 2023. 5 See Memorandum, ‘‘No Shipment Inquiry for Zhejiang Best Nail Industrial Co., Ltd. and Shaoxing Bohui Import & Export Co., Ltd. during the period 07/01/2022 through 06/30/2023,’’ dated November 6, 2023 (CBP No Shipment Memo). Prior to issuing our no-shipment inquiry to CBP and receiving CBP’s response to that inquiry, we requested entry documentation for a certain entry in the CBP Entry Data that appeared to be associated with Best Nail/ Shaoxing Bohui. We placed this entry documentation on the record of this review on January 19, 2024, and provided parties the opportunity to comment on the information. No party submitted comments. 6 See Memorandum, ‘‘Respondent Selection,’’ dated November 6, 2023. 7 See Shanghai Yueda’s Letter, ‘‘Withdrawal of Request for Administrative Review and Request for Suspension of Deadlines,’’ dated December 7, 2023; and Tianjin Hweschun’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated December 11, 2023. 8 See Kyocera Senco’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated December 11, 2023. 9 See Black & Decker’s Letter, ‘‘Withdrawal of Request for Administrative Review, dated December 11, 2023. E:\FR\FM\03APN1.SGM 03APN1 lotter on DSK11XQN23PROD with NOTICES1 22992 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices Scope of the Order 10 The merchandise covered by the scope of this Order is certain collated steel staples. Certain collated steel staples subject to this investigation are made from steel wire having a nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from 0.187 inch to 1.125 inch, inclusive. Certain collated steel staples may be manufactured from any type of steel, and are included in the scope of this Order regardless of whether they are uncoated or coated, and regardless of the type or number of coatings, including but not limited to coatings to inhibit corrosion. Certain collated steel staples may be collated using any material or combination of materials, including but not limited to adhesive, glue, and adhesive film or adhesive or paper tape. Certain collated steel staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM F1667–18a, but can also be made to other specifications. Excluded from the scope of this Order are any carton-closing staples covered by the scope of the antidumping duty order on Carton-Closing Staples from the People’s Republic of China. See Carton-Closing Staples from the People’s Republic of China: Antidumping Duty Order, 83 FR 20792 (May 8, 2018). Also excluded are collated fasteners commonly referred to as ‘‘C-ring hog rings’’ and ‘‘D-ring hog rings’’ produced from stainless or carbon steel wire having a nominal diameter of 0.050 to 0.081 inches, inclusive. C-ring hog rings are fasteners whose legs are not perpendicular to the crown, but are curved inward resulting in the fastener forming the shape of the letter ‘‘C’’. Dring hog rings are fasteners whose legs are straight but not perpendicular to the crown, instead intersecting with the crown at an angle ranging from 30 degrees to 75 degrees. The hog rings subject to the exclusion are collated using glue, adhesive, or tape. The hog rings subject to this exclusion have either a 90 degree blunt point or 15–75 degree divergent point. Certain collated steel staples subject to this Order are currently classifiable under subheading 8305.20.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading and ASTM specification are provided for 10 See Certain Collated Steel Staples from the People’s Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20, 2020) (Order). VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 convenience and for customs purposes, the written description of the subject merchandise is dispositive. Rescission of Administrative Review, in Part As discussed above, the review requests for Shanghai Yueda, Tianjin Hweschun, Vina Hardwares, YF Technology Corporation (Thailand) Ltd., and YF Technology Corporation Limited have all been withdrawn. Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw their request within 90 days of the date of publication of the notice of initiation. Because no other parties requested a review of the above five companies, Commerce is rescinding this review, in part, with respect to these companies. As such, only Best Nail/Shaoxing Bohui remain under review. Preliminary Determination of No Shipments In the Initiation Notice, we instructed producers or exporters under review that had no exports, sales, or entries of subject merchandise during the POR to notify Commerce within 30 days of publication of the notice. As noted above, Best Nail/Shaoxing Bohui timely submitted a no-shipment certification. Based on an analysis of information from CBP, we preliminarily determine that the information on the record does not contradict Best Nail/Shaoxing Bohui’s no- shipment certification.11 Consistent with our practice in nonmarket economy (NME) cases, we are not rescinding this review with respect to Best Nail/Shaoxing Bohui but, rather, we intend to complete the review and issue appropriate instructions to CBP based on the final results of the review.12 The China-Wide Entity Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.13 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or 11 See CBP No Shipment Memo and Memorandum, ‘‘Placing CBP Entry Documents on the Record,’’ dated January 19, 2024. 12 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) (NME AD Assessment); see also the ‘‘Assessment Rates’’ section, below. 13 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 (November 4, 2013). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity, the entity is not under review, and the entity’s rate (i.e., 112.01 percent) 14 is not subject to change. Disclosure Normally, Commerce will disclose to the parties in a proceeding the calculations performed in connection with the preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of the preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce is rescinding the review for five companies and preliminarily finding that Best Nail/Shaoxing Bohui made no shipments of subject merchandise during the POR, there are no calculations to disclose. Given these facts, there is no decision memorandum accompanying this notice. Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.15 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.16 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.17 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.18 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment 14 See Order, 85 FR at 43816. 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements). 16 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). 17 See 19 351.309(c)(2) and (d)(2). 18 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 15 See E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).19 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, filed electronically via ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. lotter on DSK11XQN23PROD with NOTICES1 APO and Service Final Rule. NME AD Assessment. VerDate Sep<11>2014 18:18 Apr 02, 2024 Dated: March 26, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P For the companies for which this review is rescinded with these preliminary results, we will instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period July 1, 2022, through June 30, 2023, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue assessment instructions to CBP for these companies no earlier than 35 days after the date of publication of this notice in the Federal Register. In addition, if we continue to find no POR shipments of subject merchandise for Best Nail/Shaoxing Bohui in the final results, any suspended entries of subject merchandise associated with this company will be liquidated at the China-wide rate.20 For this company, we intend 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). 20 See Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4). [FR Doc. 2024–07011 Filed 4–2–24; 8:45 am] Assessment Rates 19 See Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of the antidumping duties by the amount of the countervailing duties. Jkt 262001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–875] Non-Malleable Cast Iron Pipe Fittings From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Scope Ruling Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 6, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Star Pipe Products v. United States and ASC Engineered Solutions LLC., Court No. 17–00236, Slip Op. 24–28 (CIT March 6, 2024) (Star Pipe Slip Op. 24–28), sustaining the final remand results, of the U.S. Department of Commerce (Commerce), pertaining to the final scope ruling on certain non-malleable cast iron pipe fittings (pipe fittings) from the People’s Republic of China (China). Commerce is therefore amending its Final Scope Ruling to find that ductile iron flanges exported by Star Pipe Products (Star Pipe) are not within the scope of the antidumping (AD) order on pipe fittings from China. Commerce is also notifying the public that the CIT’s final judgment is not in harmony with the Final Scope Ruling. AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 DATES: 22993 Applicable March 16, 2024. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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) 482–5831. SUPPLEMENTARY INFORMATION: Background On August 17, 2017, Commerce issued its Final Scope Ruling on pipe fittings from China.1 In its Final Scope Ruling, Commerce found that Star Pipe’s ductile iron flanges were within the scope of the AD order 2 on pipe fittings from China.3 Star Pipe appealed Commerce’s Final Scope Ruling. During the course of litigation, the CIT issued several remand orders culminating in Star Pipe Products v. United States and ASC Engineered Solutions, LLC, Court No. 17–00236, Slip Op. 22–127 (November 18, 2022) (Star Pipe IV). In Star Pipe IV, the CIT directed Commerce to issue a new determination, in a form that would go into effect if sustained upon judicial review, determining whether Star Pipe’s ductile iron flanges are within the scope of the Order.4 Pursuant to the CIT’s instructions, on remand, and under respectful protest, on December 16, 2022, Commerce found that Star Pipe’s ductile iron flanges are outside the scope of the Order.5 On March 6, 2024, the CIT sustained Commerce’s Fourth Remand Redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in 1 See ‘‘Final Scope Ruling on the Antidumping Duty Order on Non-Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Request by Star Pipe Products,’’ dated August 17, 2017 (Final Scope Ruling). 2 See Notice of Antidumping Duty Order: NonMalleable Cast Iron Pipe Fittings from the People’s Republic of China, 68 FR 16765 (April 7, 2003) (Order). 3 See Final Scope Ruling. 4 See Star Pipe IV at 3 and 15–18. 5 See Final Results of Redetermination Pursuant to Court Remand, Star Pipe Products v. United States and Anvil International, Court No. 17–00236, Slip Op. 22–127, dated December 16, 2022 (Fourth Remand Redetermination), available at https:// access.trade.gov/Resources/remands/22-127.pdf. 6 See Star Pipe Slip Op. 24–28. 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22991-22993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07011]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112]


Certain Collated Steel Staples From the People's Republic of 
China: Preliminary Determination of No Shipments and Partial Rescission 
of Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Zhejiang Best Nail Industrial Co., Ltd. and its 
affiliated exporter Shaoxing Bohui Import & Export Co., Ltd. (Best 
Nail/Shaoxing Bohui) made no shipments of subject merchandise during 
the period of review (POR) July 1, 2022, through June 30, 2023. In 
addition, we are rescinding the administrative review with respect to 
Shanghai Yueda Nail Co., Ltd. (Shanghai Yueda); Tianjin Hweschun 
Fasteners Manufacturing, Co., Ltd. (Tianjin Hweschun); Vina Hardwares 
Joint Stock Company (Vina Hardwares); YF Technology Corporation 
(Thailand) Ltd.; and YF Technology Corporation Limited because the 
requests for review for these companies were timely withdrawn. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable April 3, 2024.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Kate Johnson, 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 or (202) 
482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2023, in accordance with 19 CFR 351.221(c)(1)(i), 
Commerce initiated an administrative review of the antidumping duty 
order on certain collated steel staples (staples) from the People's 
Republic of China (China) with respect to the following companies: Best 
Nail/Shaoxing Bohui; Shanghai Yueda; Tianjin Hweschun; Vina Hardwares; 
YF Technology Corporation (Thailand) Ltd.; and YF Technology 
Corporation Limited.\1\ In accordance with the publication of the 
Initiation Notice, Commerce released data obtained from the U.S. 
Customs and Border Protection (CBP) with respect to entries of staples 
from China for the POR and invited comments on the data for respondent 
selection purposes.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation 
Notice).
    \2\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated September 15, 2023 (CBP Entry Data).
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    On October 4, 2023, Vina Hardwares timely withdrew its request for 
an administrative review.\3\ On October 11, 2023, Best Nail/Shaoxing 
Bohui submitted a no shipment claim for this POR segment.\4\ In 
response to a no-shipment inquiry Commerce issued to CBP, on October 
25, 2024, CBP responded that it had no record of any subject entries 
for Best Nail/Shaoxing Bohui.\5\
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    \3\ See Vina Hardwares' Letter, ``Withdrawal of Request for 
Administrative Review,'' dated October 4, 2023.
    \4\ See Best Nail/Shaoxing Bohui's Letter, ``Submission of 
Statement of No Shipment,'' dated October 11, 2023.
    \5\ See Memorandum, ``No Shipment Inquiry for Zhejiang Best Nail 
Industrial Co., Ltd. and Shaoxing Bohui Import & Export Co., Ltd. 
during the period 07/01/2022 through 06/30/2023,'' dated November 6, 
2023 (CBP No Shipment Memo). Prior to issuing our no-shipment 
inquiry to CBP and receiving CBP's response to that inquiry, we 
requested entry documentation for a certain entry in the CBP Entry 
Data that appeared to be associated with Best Nail/Shaoxing Bohui. 
We placed this entry documentation on the record of this review on 
January 19, 2024, and provided parties the opportunity to comment on 
the information. No party submitted comments.
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    On November 6, 2023, we selected Shanghai Yueda and Tianjin 
Hweschun as the mandatory respondents in this administrative review.\6\ 
We subsequently issued Commerce's antidumping duty questionnaire to 
these two companies.
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    \6\ See Memorandum, ``Respondent Selection,'' dated November 6, 
2023.
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    On December 7 and 11, 2023, Shanghai Yueda and Tianjin Hweschun, 
respectively, withdrew their requests for administrative review.\7\ On 
December 11, 2023, Kyocera Senco Industrial Tools, Inc. (Kyocera 
Senco), a domestic producer of staples, withdrew its request for an 
administrative review of Tianjin Hweschun.\8\ On this same date, Black 
& Decker, a U.S. importer, withdrew its request for an administrative 
review of YF Technology Corporation (Thailand) Ltd. and YF Technology 
Corporation Limited.\9\
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    \7\ See Shanghai Yueda's Letter, ``Withdrawal of Request for 
Administrative Review and Request for Suspension of Deadlines,'' 
dated December 7, 2023; and Tianjin Hweschun's Letter, ``Withdrawal 
of Request for Administrative Review,'' dated December 11, 2023.
    \8\ See Kyocera Senco's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated December 11, 2023.
    \9\ See Black & Decker's Letter, ``Withdrawal of Request for 
Administrative Review, dated December 11, 2023.

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[[Page 22992]]

Scope of the Order 10
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    \10\ 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 scope of this Order is certain 
collated steel staples. Certain collated steel staples subject to this 
investigation are made from steel wire having a nominal diameter from 
0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length 
from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from 
0.187 inch to 1.125 inch, inclusive. Certain collated steel staples may 
be manufactured from any type of steel, and are included in the scope 
of this Order regardless of whether they are uncoated or coated, and 
regardless of the type or number of coatings, including but not limited 
to coatings to inhibit corrosion.
    Certain collated steel staples may be collated using any material 
or combination of materials, including but not limited to adhesive, 
glue, and adhesive film or adhesive or paper tape.
    Certain collated steel staples are generally made to American 
Society for Testing and Materials (ASTM) specification ASTM F1667-18a, 
but can also be made to other specifications.
    Excluded from the scope of this Order are any carton-closing 
staples covered by the scope of the antidumping duty order on Carton-
Closing Staples from the People's Republic of China. See Carton-Closing 
Staples from the People's Republic of China: Antidumping Duty Order, 83 
FR 20792 (May 8, 2018).
    Also excluded are collated fasteners commonly referred to as ``C-
ring hog rings'' and ``D-ring hog rings'' produced from stainless or 
carbon steel wire having a nominal diameter of 0.050 to 0.081 inches, 
inclusive. C-ring hog rings are fasteners whose legs are not 
perpendicular to the crown, but are curved inward resulting in the 
fastener forming the shape of the letter ``C''. D-ring hog rings are 
fasteners whose legs are straight but not perpendicular to the crown, 
instead intersecting with the crown at an angle ranging from 30 degrees 
to 75 degrees. The hog rings subject to the exclusion are collated 
using glue, adhesive, or tape. The hog rings subject to this exclusion 
have either a 90 degree blunt point or 15-75 degree divergent point.
    Certain collated steel staples subject to this Order are currently 
classifiable under subheading 8305.20.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). While the HTSUS subheading and 
ASTM specification are provided for convenience and for customs 
purposes, the written description of the subject merchandise is 
dispositive.

Rescission of Administrative Review, in Part

    As discussed above, the review requests for Shanghai Yueda, Tianjin 
Hweschun, Vina Hardwares, YF Technology Corporation (Thailand) Ltd., 
and YF Technology Corporation Limited have all been withdrawn. Pursuant 
to 19 CFR 351.213(d)(1), Commerce will rescind an administrative 
review, in whole or in part, if the parties that requested a review 
withdraw their request within 90 days of the date of publication of the 
notice of initiation. Because no other parties requested a review of 
the above five companies, Commerce is rescinding this review, in part, 
with respect to these companies. As such, only Best Nail/Shaoxing Bohui 
remain under review.

Preliminary Determination of No Shipments

    In the Initiation Notice, we instructed producers or exporters 
under review that had no exports, sales, or entries of subject 
merchandise during the POR to notify Commerce within 30 days of 
publication of the notice. As noted above, Best Nail/Shaoxing Bohui 
timely submitted a no-shipment certification. Based on an analysis of 
information from CBP, we preliminarily determine that the information 
on the record does not contradict Best Nail/Shaoxing Bohui's no- 
shipment certification.\11\
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    \11\ See CBP No Shipment Memo and Memorandum, ``Placing CBP 
Entry Documents on the Record,'' dated January 19, 2024.
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    Consistent with our practice in non-market economy (NME) cases, we 
are not rescinding this review with respect to Best Nail/Shaoxing Bohui 
but, rather, we intend to complete the review and issue appropriate 
instructions to CBP based on the final results of the review.\12\
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment); see also the ``Assessment Rates'' section, below.
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The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\13\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity, 
the entity is not under review, and the entity's rate (i.e., 112.01 
percent) \14\ is not subject to change.
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    \13\ 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 (November 4, 2013).
    \14\ See Order, 85 FR at 43816.
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Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with the preliminary results 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of the preliminary results in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce is rescinding the review 
for five companies and preliminarily finding that Best Nail/Shaoxing 
Bohui made no shipments of subject merchandise during the POR, there 
are no calculations to disclose. Given these facts, there is no 
decision memorandum accompanying this notice.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\15\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\16\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\17\
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    \15\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \16\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \17\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\18\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment

[[Page 22993]]

summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\19\
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    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See APO and Service Final Rule.
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    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, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess antidumping duties 
on all appropriate entries at a rate equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period July 1, 
2022, through June 30, 2023, in accordance with 19 CFR 
351.212(c)(1)(i). We intend to issue assessment instructions to CBP for 
these companies no earlier than 35 days after the date of publication 
of this notice in the Federal Register.
    In addition, if we continue to find no POR shipments of subject 
merchandise for Best Nail/Shaoxing Bohui in the final results, any 
suspended entries of subject merchandise associated with this company 
will be liquidated at the China-wide rate.\20\ For this company, we 
intend 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).
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    \20\ See NME AD Assessment.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 occurred 
and the subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of the antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-07011 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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