80_FR_18883 80 FR 18816 - Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013

80 FR 18816 - Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 67 (April 8, 2015)

Page Range18816-18818
FR Document2015-08101

The Department of Commerce (``Department'') published the Preliminary Results of the fifth administrative review of certain steel nails (``nails'') from the People's Republic of China (``PRC'') on September 30, 2014.\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for these final results. The final dumping margins are listed below in the ``Final Results of the Administrative Review'' section of this notice. The period of review (``POR'') is August 1, 2012, through July 31, 2013. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 67 (Wednesday, April 8, 2015)
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18816-18818]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08101]


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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; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published the 
Preliminary Results of the fifth administrative review of certain steel 
nails (``nails'') from the People's Republic of China (``PRC'') on 
September 30, 2014.\1\ We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for these final results. The final dumping margins are 
listed below in the ``Final Results of the Administrative Review'' 
section of this notice. The period of review (``POR'') is August 1, 
2012, through July 31, 2013.
---------------------------------------------------------------------------

    \1\ See Certain Steel from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2012-2013, 79 FR 58744 (September 30, 2014) (``Preliminary 
Results''), and accompanying Preliminary Decision Memorandum.

---------------------------------------------------------------------------
DATES: Effective Date: April 8, 2015.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Susan Pulongbarit, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-2312 
or 202-482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 30, 
2014.\2\ On February 9, 2015, we released the sales and factors of 
production (``FOP'') verification reports for Stanley.\3\ Between 
February 12 and February 24, 2015, interested parties submitted case 
and rebuttal briefs. On January 20, 2015, the Department extended the 
deadline for the final results to March 30, 2015.\4\
---------------------------------------------------------------------------

    \2\ See Preliminary Results.
    \3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker, Inc. (collectively ``Stanley''); see the 
memoranda to the file ``Verification of the Questionnaire Responses 
of Stanley Black & Decker, Inc. (``SBD'') in the 2012-2013 
Antidumping Duty Review of Certain Steel Nails from the People's 
Republic of China (``PRC''),'' and Verification of the Questionnaire 
Responses of The Stanley Works (Langfang) Fastening Systems Co., 
Ltd. (``Stanley Langfang'') in the 2012-2013 Antidumping Duty Review 
of Certain Steel Nails from the People's Republic of China 
(``PRC''), both dated February 9, 2015.
    \4\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations from Matthew Renkey, Senior 
International Trade Compliance Analyst, Office V, Antidumping and 
Countervailing Duty Operations regarding Certain Steel Nails from 
the People's Republic of China: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review, dated January 20, 
2015.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails subject to 
the order are currently classified under the Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65, 
7317.00.75, and 7907.00.6000.\5\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.\6\
---------------------------------------------------------------------------

    \5\ The Department recently added the Harmonized Tariff Schedule 
category 7907.00.6000, ``Other articles of zinc: Other,'' to the 
language of the Order. See Memorandum to Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, through 
James C. Doyle, Director, Office 9, Antidumping and Countervailing 
Duty Operations, regarding ``Certain Steel Nails from the People's 
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' 
dated September 19, 2013.
    \6\ See ``Certain Steel Nails from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Fifth Antidumping Duty Administrative Review,'' dated concurrently 
with and hereby adopted by this notice (``Issues and Decision 
Memorandum''), for a complete description of the Scope of the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU''), Room 7046 of the main 
Department of Commerce building, as well as electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS'').\7\ ACCESS is 
available to registered users at http://access.trade.gov and in the 
CRU. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ On November 24, 2014, Enforcement and Compliance changed the 
name of its centralized electronic service system to ACCESS. The Web 
site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the 
centralized electronic service system to ACCESS in the Department's 
regulations can be found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculation for Stanley. Accordingly, for the final results, the 
Department has updated the margin to be assigned to companies

[[Page 18817]]

eligible for a separate rate as the weighted average of the revised 
calculated margins of the mandatory respondents.\8\ The Surrogate 
Values Memo contains further explanation of our changes to the 
surrogate values selected for Stanley's and Xi'an Metals & Minerals 
Import & Export Co. Ltd.'s (``Xi'an Metals'') factors of production.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Results.
    \9\ See Memorandum to the File, through Scot T. Fullerton, 
Program Manager, Office V, Enforcement and Compliance, from Susan 
Pulongbarit, Senior International Trade Analyst, Office V, 
Enforcement and Compliance, regarding Fifth Antidumping 
Administrative Review of Certain Steel Nails from the People's 
Republic of China: Surrogate Values for the Final Results, dated 
concurrently with and hereby adopted by this notice (Surrogate 
Values Memo).
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Besco Machinery Industry (Zhejiang) Co., Ltd., Certified Products 
International Inc. (``CPI''), Hebei Cangzhou New Century Foreign Trade 
Co., Ltd. (``New Century''), Huanghua Xionghua Hardware Products Co., 
Ltd., Jining Huarong Hardware Products Co., Ltd., Shandong Oriental 
Cherry Hardware Import & Export Co., Ltd., Shanghai Jade Shuttle 
Hardware Tools Co., Ltd., Shanghai Tengyu Hardware Tools Co., Ltd., 
Tianjin Jinchi Metal Products Co., Ltd., and Zhejiang Gem-Chun Hardware 
Accessory Co., Ltd. did not have any reviewable transactions during the 
POR.\10\ Consistent with the Department's refinement to its assessment 
practice in non-market economy (``NME'') cases, we completed the review 
with respect to the above-named companies.\11\ With respect to New 
Century, we obtained information from CBP indicating that it had 
reviewable transactions during the POR, which contradicts its no-
shipment certification. Consequently, the Department is now treating 
New Century as part of the PRC-wide entity for the final results. For a 
full discussion of our findings and determination with respect to New 
Century, see the Issues and Decision Memorandum at Comment 10. Based on 
the certifications submitted by the remaining aforementioned companies, 
and our analysis of CBP information, we continue to determine that 
these companies did not have any reviewable transactions during the 
POR. As noted in the ``Assessment Rates'' section below, the Department 
intends to issue appropriate instructions to CBP for the above-named 
companies based on the final results of the review.
---------------------------------------------------------------------------

    \10\ See Preliminary Results. In those Preliminary Results, 
Jining Huarong Hardware Products Co., Ltd. and Shandong Oriental 
Cherry Hardware Import & Export Co., Ltd. were inadvertently 
identified as part of the PRC-wide entity instead of companies 
reporting no shipments during the POR in the appendix to the 
Preliminary Decision Memorandum. We are correcting this error for 
the final results. See the Issues and Decision Memorandum at 
``Additional Correction of Clerical Errors.''
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
---------------------------------------------------------------------------

Final Results of the Review

    The weighted-average dumping margins for the final results of this 
administrative review are as follows: 12 13
---------------------------------------------------------------------------

    \12\ In the Preliminary Results, the Department inadvertently 
excluded Shandong Oriental Cherry Hardware Group Co., Ltd., in 
identifying companies establishing eligibility for a separate rate. 
We are correcting this error for the final results. See the Issues 
and Decision Memorandum at ``Additional Correction of Clerical 
Errors.''
    \13\ The PRC-wide entity now includes New Century. See Appendix 
to the Issues and Decision Memorandum accompanying this notice for a 
list of the companies receiving the PRC-wide rate.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              margin
                                                             (percent)
------------------------------------------------------------------------
Stanley.................................................           13.19
Xi'an Metals............................................           72.52
Chiieh Yung Metal Ind. Corp.............................           16.62
Dezhou Hualude Hardware Products Co., Ltd...............           16.62
Huanghua Jinhai Hardware Products Co. Ltd...............           16.62
Nanjing Yuechang Hardware Co., Ltd......................           16.62
Qingdao D&L Group Ltd...................................           16.62
Qingdao JISCO Co., Ltd..................................           16.62
SDC International Aust. PTY. LTD........................           16.62
Shandong Dinglong Import & Export Co., Ltd..............           16.62
Shandong Oriental Cherry Hardware Group Co., Ltd \12\...           16.62
Shanghai Curvet Hardware Products Co., Ltd..............           16.62
Shanghai Yueda Nails Industry Co., Ltd..................           16.62
Shanxi Hairui Trade Co., Ltd............................           16.62
Shanxi Pioneer Hardware Industrial Co., Ltd.............           16.62
Shanxi Tianli Industries Co., Ltd.......................           16.62
S-Mart (Tianjin) Technology Development Co., Ltd........           16.62
Suntec Industries Co., LTD..............................           16.62
Tianjin Jinghai County Hongli Industry and Business Co.,           16.62
 Ltd....................................................
Tianjin Lianda Group Co., Ltd...........................           16.62
Tianjin Universal Machinery Imp. & Exp. Corporation.....           16.62
Tianjin Zhonglian Metals Ware Co., Ltd..................           16.62
PRC-Wide Entity \13\....................................          118.04
------------------------------------------------------------------------

Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.212(b), the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the final 
results of this administrative review.

[[Page 18818]]

    For assessment purposes, where the respondent reported reliable 
entered values, we calculated importer (or customer)-specific 
assessment rates for merchandise subject to this review. We will 
continue to direct CBP to assess importer-specific assessment rates 
based on the resulting per-unit (i.e., per kilogram (kg)) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer-specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR.\14\ If an importer 
(or customer)-specific assessment rate is de minimis (i.e., less than 
0.50 percent), the Department will instruct CBP to assess that importer 
(or customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, if the 
Department determines that an exporter had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number will be liquidated at the PRC-wide rate.\15\
---------------------------------------------------------------------------

    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Decision Memorandum, at 4-5.
---------------------------------------------------------------------------

    The Department determines that Besco Machinery Industry (Zhejiang) 
Co., Ltd., Certified Products International Inc. (``CPI''), Huanghua 
Xionghua Hardware Products Co., Ltd., Jining Huarong Hardware Products 
Co., Ltd., Shandong Oriental Cherry Hardware Import & Export Co., Ltd. 
(``Oriental Cherry''), Shanghai Jade Shuttle Hardware Tools Co., Ltd., 
Shanghai Tengyu Hardware Tools Co., Ltd., Tianjin Jinchi Metal Products 
Co., Ltd., and Zhejiang Gem-Chun Hardware Accessory Co., Ltd. did not 
have any reviewable transactions during the POR. As a result, any 
suspended entries that entered under these exporters' case numbers 
(i.e., at that exporter's rate) will be liquidated at the PRC-wide 
rate.

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 entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 118.04 
percent; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC exporters that supplied that non-PRC 
exporter. The 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) 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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.
    We are issuing and publishing these administrative reviews and 
notice in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: March 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate Country
Comment 2: Steel Wire Rod SV Source
Comment 3: Which HTS Categories to Use for the SV for Steel Wire Rod
Comment 4: Treatment of Two Labor-Related Line Items in the 
Financial Ratio Calculations
Comment 5: Brokerage and Handling
Comment 6: Letter of Credit Adjustment
Comment 7: Consideration of an Alternative Comparison Method in 
Administrative Reviews
Comment 8: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-than-Fair-Value Investigations
Comment 9: Application of the Differential Pricing Analysis
Comment 10: Hebei Cangzhou New Century Foreign Trade Co., Ltd.'s 
Status as a No Shipments Company
Comment 11: Correction of a Clerical Error in Not Listing Tianjin 
Lianda as a Separate Rate Company
Comment 12: SV for Stanley's Plastic Beads
Comment 13: SV for Stanley's Chromate, Chromium Trioxide
Comment 14: SV for Stanley's Thermal Transfer Ribbon
Comment 15: Use of Customer Code or Common Customer Code in the 
Cohen's d Test to Identify the Purchaser in Stanley's Margin Program
Comment 16: Stanley's Use of Steam and Gasoline
Comment 17: Scrap Offset for Stanley's Toller A
Comment 18: Scrap Offset for Stanley's Toller B
Comment 19: Correction of a Ministerial Error Pertaining to Freight 
Revenue in Stanley's Margin Calculation Program
Comment 20: Usage Rates for Three Chemical Inputs Used by Toller A 
in the Pickling and Phosphating Process
Recommendation
[FR Doc. 2015-08101 Filed 4-7-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    18816                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                    review period. Failure to comply with                   September 30, 2014.1 We gave                            steel nails subject to the order are
                                                    this requirement could result in the                    interested parties an opportunity to                    currently classified under the
                                                    Department’s presumption that                           comment on the Preliminary Results.                     Harmonized Tariff Schedule of the
                                                    reimbursement of antidumping duties                     Based upon our analysis of the                          United States (‘‘HTSUS’’) subheadings
                                                    occurred and the subsequent assessment                  comments and information received, we                   7317.00.55, 7317.00.65, 7317.00.75, and
                                                    of double antidumping duties.                           made changes to the margin calculations                 7907.00.6000.5 While the HTSUS
                                                      We are issuing and publishing these                   for these final results. The final                      subheadings are provided for
                                                    results in accordance with sections                     dumping margins are listed below in the                 convenience and customs purposes, the
                                                    751(a)(1) and 777(i)(1) of the Act and 19               ‘‘Final Results of the Administrative                   written description of the scope of the
                                                    CFR 351.213.                                            Review’’ section of this notice. The                    order is dispositive.6
                                                      Dated: March 31, 2015.                                period of review (‘‘POR’’) is August 1,
                                                                                                                                                                    Analysis of Comments Received
                                                                                                            2012, through July 31, 2013.
                                                    Paul Piquado,                                                                                                      All issues raised in the case and
                                                                                                            DATES: Effective Date: April 8, 2015.
                                                    Assistant Secretary for Enforcement and                                                                         rebuttal briefs by parties in this review
                                                    Compliance.                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                            Matthew Renkey or Susan Pulongbarit,                    are addressed in the Issues and Decision
                                                    Appendix I                                              AD/CVD Operations, Office V,                            Memorandum. A list of the issues which
                                                                                                            Enforcement and Compliance,                             parties raised is attached to this notice
                                                    List of Topics Discussed in the Preliminary                                                                     as an appendix. The Issues and Decision
                                                    Decision Memorandum                                     International Trade Administration,
                                                                                                            U.S. Department of Commerce, 14th                       Memorandum is a public document and
                                                    1. Summary                                                                                                      is on file in the Central Records Unit
                                                    2. Background                                           Street and Constitution Avenue NW.,
                                                                                                            Washington, DC 20230; telephone 202–                    (‘‘CRU’’), Room 7046 of the main
                                                    3. Scope of the Order
                                                                                                            482–2312 or 202–482–4031,                               Department of Commerce building, as
                                                    4. Discussion of the Methodology
                                                    5. Bona Fides Inquiry                                   respectively.                                           well as electronically via Enforcement
                                                    6. Non-Market Economy Country Status                                                                            and Compliance’s Antidumping and
                                                                                                            SUPPLEMENTARY INFORMATION:                              Countervailing Duty Centralized
                                                    7. Separate Rates Determination
                                                       A. Absence of De Jure Control                        Background                                              Electronic Service System (‘‘ACCESS’’).7
                                                       B. Absence of De Facto Control                                                                               ACCESS is available to registered users
                                                    8. The PRC-Wide Entity                                     The Department published the                         at http://access.trade.gov and in the
                                                    9. Surrogate Country                                    Preliminary Results on September 30,                    CRU. In addition, a complete version of
                                                       A. Economic Comparability                            2014.2 On February 9, 2015, we released                 the Issues and Decision Memorandum
                                                       B. Significant Producer of Comparable                the sales and factors of production                     can be accessed directly on the Internet
                                                         Merchandise                                        (‘‘FOP’’) verification reports for                      at http://enforcement.trade.gov/frn/
                                                       C. Data Availability                                 Stanley.3 Between February 12 and
                                                    10. Date of Sale                                                                                                index.html. The signed Issues and
                                                                                                            February 24, 2015, interested parties                   Decision Memorandum and the
                                                    11. Fair Value Comparisons                              submitted case and rebuttal briefs. On
                                                       A. Export Price                                                                                              electronic version of the Issues and
                                                                                                            January 20, 2015, the Department                        Decision Memorandum are identical in
                                                       B. Value-Added Tax
                                                       C. Normal Value                                      extended the deadline for the final                     content.
                                                    12. Factor Valuation Methodology                        results to March 30, 2015.4
                                                       A. ME Prices                                                                                                 Changes Since the Preliminary Results
                                                                                                            Scope of the Order
                                                       B. Surrogate Values                                                                                            Based on a review of the record and
                                                    13. Comparisons to Normal Value                           The merchandise covered by the order                  comments received from interested
                                                       A. Determination of Comparison Method                includes certain steel nails having a                   parties regarding our Preliminary
                                                       B. Results of the Differential Pricing               shaft length up to 12 inches. Certain                   Results, and for the reasons explained in
                                                         Analysis
                                                                                                                                                                    the Issues and Decision Memorandum,
                                                    14. Currency Conversion                                    1 See Certain Steel from the People’s Republic of
                                                    15. Recommendation                                                                                              we revised the margin calculation for
                                                                                                            China: Preliminary Results of the Antidumping
                                                                                                            Duty Administrative Review; 2012–2013, 79 FR            Stanley. Accordingly, for the final
                                                    [FR Doc. 2015–07952 Filed 4–7–15; 8:45 am]
                                                                                                            58744 (September 30, 2014) (‘‘Preliminary               results, the Department has updated the
                                                    BILLING CODE 3510–DS–P                                  Results’’), and accompanying Preliminary Decision       margin to be assigned to companies
                                                                                                            Memorandum.
                                                                                                               2 See Preliminary Results.
                                                                                                                                                                       5 The Department recently added the Harmonized
                                                    DEPARTMENT OF COMMERCE                                     3 The Stanley Works (Langfang) Fastening
                                                                                                                                                                    Tariff Schedule category 7907.00.6000, ‘‘Other
                                                                                                            Systems Co., Ltd. and Stanley Black & Decker, Inc.      articles of zinc: Other,’’ to the language of the
                                                    International Trade Administration                      (collectively ‘‘Stanley’’); see the memoranda to the    Order. See Memorandum to Gary Taverman, Senior
                                                                                                            file ‘‘Verification of the Questionnaire Responses of   Advisor for Antidumping and Countervailing Duty
                                                                                                            Stanley Black & Decker, Inc. (‘‘SBD’’) in the 2012–     Operations, through James C. Doyle, Director, Office
                                                    [A–570–909]                                             2013 Antidumping Duty Review of Certain Steel           9, Antidumping and Countervailing Duty
                                                                                                            Nails from the People’s Republic of China               Operations, regarding ‘‘Certain Steel Nails from the
                                                    Certain Steel Nails from the People’s                   (‘‘PRC’’),’’ and Verification of the Questionnaire      People’s Republic of China: Cobra Anchors Co. Ltd.
                                                    Republic of China: Final Results of                     Responses of The Stanley Works (Langfang)               Final Scope Ruling,’’ dated September 19, 2013.
                                                                                                            Fastening Systems Co., Ltd. (‘‘Stanley Langfang’’) in      6 See ‘‘Certain Steel Nails from the People’s
                                                    Antidumping Duty Administrative                         the 2012–2013 Antidumping Duty Review of                Republic of China: Issues and Decision
                                                    Review; 2012–2013                                       Certain Steel Nails from the People’s Republic of       Memorandum for the Final Results of the Fifth
                                                                                                            China (‘‘PRC’’), both dated February 9, 2015.           Antidumping Duty Administrative Review,’’ dated
                                                    AGENCY:   Enforcement and Compliance,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                               4 See Memorandum to Gary Taverman, Associate         concurrently with and hereby adopted by this
                                                    International Trade Administration,                     Deputy Assistant Secretary for Antidumping and          notice (‘‘Issues and Decision Memorandum’’), for a
                                                    Department of Commerce.                                 Countervailing Duty Operations, through James C.        complete description of the Scope of the Order.
                                                                                                            Doyle, Director, Office V, Antidumping and                 7 On November 24, 2014, Enforcement and
                                                    SUMMARY: The Department of Commerce
                                                                                                            Countervailing Duty Operations from Matthew             Compliance changed the name of its centralized
                                                    (‘‘Department’’) published the                          Renkey, Senior International Trade Compliance           electronic service system to ACCESS. The Web site
                                                    Preliminary Results of the fifth                        Analyst, Office V, Antidumping and Countervailing       location was changed from http://iaaccess.trade.gov
                                                    administrative review of certain steel                  Duty Operations regarding Certain Steel Nails from      to http://access.trade.gov. The Final Rule changing
                                                                                                            the People’s Republic of China: Extension of            the references to the centralized electronic service
                                                    nails (‘‘nails’’) from the People’s                     Deadline for Final Results of Antidumping Duty          system to ACCESS in the Department’s regulations
                                                    Republic of China (‘‘PRC’’) on                          Administrative Review, dated January 20, 2015.          can be found at 79 FR 69046 (November 20, 2014).



                                               VerDate Sep<11>2014   17:55 Apr 07, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\08APN1.SGM   08APN1


                                                                                              Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices                                                                                              18817

                                                    eligible for a separate rate as the                                          Hardware Import & Export Co., Ltd.,                                          of our findings and determination with
                                                    weighted average of the revised                                              Shanghai Jade Shuttle Hardware Tools                                         respect to New Century, see the Issues
                                                    calculated margins of the mandatory                                          Co., Ltd., Shanghai Tengyu Hardware                                          and Decision Memorandum at Comment
                                                    respondents.8 The Surrogate Values                                           Tools Co., Ltd., Tianjin Jinchi Metal                                        10. Based on the certifications
                                                    Memo contains further explanation of                                         Products Co., Ltd., and Zhejiang Gem-                                        submitted by the remaining
                                                    our changes to the surrogate values                                          Chun Hardware Accessory Co., Ltd. did                                        aforementioned companies, and our
                                                    selected for Stanley’s and Xi’an Metals                                      not have any reviewable transactions                                         analysis of CBP information, we
                                                    & Minerals Import & Export Co. Ltd.’s                                        during the POR.10 Consistent with the                                        continue to determine that these
                                                    (‘‘Xi’an Metals’’) factors of production.9                                   Department’s refinement to its                                               companies did not have any reviewable
                                                                                                                                 assessment practice in non-market                                            transactions during the POR. As noted
                                                    Final Determination of No Shipments
                                                                                                                                 economy (‘‘NME’’) cases, we completed                                        in the ‘‘Assessment Rates’’ section
                                                       In the Preliminary Results, the                                           the review with respect to the above-                                        below, the Department intends to issue
                                                    Department preliminarily determined                                          named companies.11 With respect to                                           appropriate instructions to CBP for the
                                                    that Besco Machinery Industry                                                New Century, we obtained information                                         above-named companies based on the
                                                    (Zhejiang) Co., Ltd., Certified Products                                     from CBP indicating that it had                                              final results of the review.
                                                    International Inc. (‘‘CPI’’), Hebei                                          reviewable transactions during the POR,
                                                                                                                                                                                                              Final Results of the Review
                                                    Cangzhou New Century Foreign Trade                                           which contradicts its no-shipment
                                                    Co., Ltd. (‘‘New Century’’), Huanghua                                        certification. Consequently, the                                               The weighted-average dumping
                                                    Xionghua Hardware Products Co., Ltd.,                                        Department is now treating New                                               margins for the final results of this
                                                    Jining Huarong Hardware Products Co.,                                        Century as part of the PRC-wide entity                                       administrative review are as
                                                    Ltd., Shandong Oriental Cherry                                               for the final results. For a full discussion                                 follows: 12 13

                                                                                                                                                                                                                                                                Weighted-
                                                                                                                                                                                                                                                                 average
                                                                                                                                                 Exporter                                                                                                         margin
                                                                                                                                                                                                                                                                (percent)

                                                    Stanley .................................................................................................................................................................................................         13.19
                                                    Xi’an Metals .........................................................................................................................................................................................            72.52
                                                    Chiieh Yung Metal Ind. Corp ...............................................................................................................................................................                       16.62
                                                    Dezhou Hualude Hardware Products Co., Ltd ....................................................................................................................................                                    16.62
                                                    Huanghua Jinhai Hardware Products Co. Ltd .....................................................................................................................................                                   16.62
                                                    Nanjing Yuechang Hardware Co., Ltd .................................................................................................................................................                              16.62
                                                    Qingdao D&L Group Ltd ......................................................................................................................................................................                      16.62
                                                    Qingdao JISCO Co., Ltd ......................................................................................................................................................................                     16.62
                                                    SDC International Aust. PTY. LTD ......................................................................................................................................................                           16.62
                                                    Shandong Dinglong Import & Export Co., Ltd .....................................................................................................................................                                  16.62
                                                    Shandong Oriental Cherry Hardware Group Co., Ltd 12 .....................................................................................................................                                         16.62
                                                    Shanghai Curvet Hardware Products Co., Ltd ....................................................................................................................................                                   16.62
                                                    Shanghai Yueda Nails Industry Co., Ltd .............................................................................................................................................                              16.62
                                                    Shanxi Hairui Trade Co., Ltd ...............................................................................................................................................................                      16.62
                                                    Shanxi Pioneer Hardware Industrial Co., Ltd ......................................................................................................................................                                16.62
                                                    Shanxi Tianli Industries Co., Ltd .........................................................................................................................................................                       16.62
                                                    S-Mart (Tianjin) Technology Development Co., Ltd ............................................................................................................................                                     16.62
                                                    Suntec Industries Co., LTD .................................................................................................................................................................                      16.62
                                                    Tianjin Jinghai County Hongli Industry and Business Co., Ltd ...........................................................................................................                                          16.62
                                                    Tianjin Lianda Group Co., Ltd .............................................................................................................................................................                       16.62
                                                    Tianjin Universal Machinery Imp. & Exp. Corporation ........................................................................................................................                                      16.62
                                                    Tianjin Zhonglian Metals Ware Co., Ltd ..............................................................................................................................................                             16.62
                                                    PRC-Wide Entity 13 ..............................................................................................................................................................................                118.04



                                                    Disclosure                                                                   Assessment Rates                                                             merchandise in accordance with the
                                                                                                                                                                                                              final results of this review. The
                                                      The Department will disclose                                                 Pursuant to section 751(a)(2)(A) of the                                    Department intends to issue appropriate
                                                    calculations performed for these final                                       Tariff Act of 1930, as amended (‘‘the
                                                                                                                                                                                                              assessment instructions directly to CBP
                                                    results to the parties within five days of                                   Act’’) and 19 CFR 351.212(b), the
                                                                                                                                                                                                              15 days after publication of the final
                                                    the date of publication of this notice, in                                   Department will determine, and CBP
                                                    accordance with section 351.224(b) of                                        shall assess, antidumping duties on all                                      results of this administrative review.
                                                    the Department’s regulations.                                                appropriate entries of subject
                                                      8 See Preliminary Results.                                                 Ltd. and Shandong Oriental Cherry Hardware                                      12 In the Preliminary Results, the Department
                                                      9 See Memorandum to the File, through Scot T.                              Import & Export Co., Ltd. were inadvertently                                 inadvertently excluded Shandong Oriental Cherry
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Fullerton, Program Manager, Office V, Enforcement                            identified as part of the PRC-wide entity instead of                         Hardware Group Co., Ltd., in identifying companies
                                                    and Compliance, from Susan Pulongbarit, Senior                               companies reporting no shipments during the POR                              establishing eligibility for a separate rate. We are
                                                    International Trade Analyst, Office V, Enforcement                           in the appendix to the Preliminary Decision                                  correcting this error for the final results. See the
                                                    and Compliance, regarding Fifth Antidumping                                  Memorandum. We are correcting this error for the                             Issues and Decision Memorandum at ‘‘Additional
                                                    Administrative Review of Certain Steel Nails from
                                                                                                                                 final results. See the Issues and Decision                                   Correction of Clerical Errors.’’
                                                    the People’s Republic of China: Surrogate Values for
                                                    the Final Results, dated concurrently with and                               Memorandum at ‘‘Additional Correction of Clerical                               13 The PRC-wide entity now includes New

                                                    hereby adopted by this notice (Surrogate Values                              Errors.’’                                                                    Century. See Appendix to the Issues and Decision
                                                    Memo).                                                                          11 See Non-Market Economy Antidumping
                                                                                                                                                                                                              Memorandum accompanying this notice for a list of
                                                      10 See Preliminary Results. In those Preliminary                           Proceedings: Assessment of Antidumping Duties, 76                            the companies receiving the PRC-wide rate.
                                                    Results, Jining Huarong Hardware Products Co.,                               FR 65694, 65694–65695 (October 24, 2011).



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                                                    18818                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                       For assessment purposes, where the                   Cash Deposit Requirements                             and terms of an APO is a violation
                                                    respondent reported reliable entered                                                                          which is subject to sanction.
                                                    values, we calculated importer (or                         The following cash deposit
                                                                                                            requirements will be effective upon                     We are issuing and publishing these
                                                    customer)-specific assessment rates for                                                                       administrative reviews and notice in
                                                    merchandise subject to this review. We                  publication of the final results of this
                                                                                                            administrative review for all shipments               accordance with sections 751(a)(l) and
                                                    will continue to direct CBP to assess                                                                         777(i) of the Act.
                                                    importer-specific assessment rates based                of the subject merchandise entered, or
                                                    on the resulting per-unit (i.e., per                    withdrawn from warehouse, for                           Dated: March 30, 2015.
                                                    kilogram (kg)) rates by the weight in kgs               consumption on or after the publication               Paul Piquado,
                                                    of each entry of the subject merchandise                date, as provided for by section
                                                                                                                                                                  Assistant Secretary for Enforcement and
                                                    during the POR. Specifically, we                        751(a)(2)(C) of the Act: (1) For the                  Compliance.
                                                    calculated importer-specific duty                       exporters listed above, the cash deposit
                                                    assessment rates on a per-unit rate basis               rate will be the rate established in the              Appendix
                                                    by dividing the total dumping margins                   final results of review (except, if the rate
                                                                                                                                                                  List of Topics Discussed in the Issues and
                                                    (calculated as the difference between                   is zero or de minimis, i.e., less than 0.5            Decision Memorandum
                                                    normal value and export price, or                       percent, a zero cash deposit rate will be
                                                    constructed export price) for each                      required for that company); (2) for                   Summary
                                                    importer by the total sales quantity of                 previously investigated or reviewed PRC               Background
                                                    subject merchandise sold to that                        and non-PRC exporters not listed above                Scope of the Order
                                                    importer during the POR.14 If an                        that have separate rates, the cash                    Discussion of the Issues
                                                    importer (or customer)-specific                         deposit rate will continue to be the                  Comment 1: Selection of the Surrogate
                                                    assessment rate is de minimis (i.e., less               exporter-specific rate published for the                  Country
                                                    than 0.50 percent), the Department will                 most recent period; (3) for all PRC                   Comment 2: Steel Wire Rod SV Source
                                                    instruct CBP to assess that importer (or                exporters of subject merchandise which                Comment 3: Which HTS Categories to Use for
                                                    customer’s) entries of subject                          have not been found to be entitled to a                   the SV for Steel Wire Rod
                                                    merchandise without regard to                           separate rate, the cash deposit rate will             Comment 4: Treatment of Two Labor-Related
                                                                                                            be the PRC-wide rate of 118.04 percent;                   Line Items in the Financial Ratio
                                                    antidumping duties, in accordance with
                                                                                                            and (4) for all non-PRC exporters of                      Calculations
                                                    19 CFR 351.106(c)(2).                                                                                         Comment 5: Brokerage and Handling
                                                                                                            subject merchandise which have not
                                                       The Department announced a                           received their own rate, the cash deposit             Comment 6: Letter of Credit Adjustment
                                                    refinement to its assessment practice in                rate will be the rate applicable to the               Comment 7: Consideration of an Alternative
                                                    NME cases. Pursuant to this refinement                  PRC exporters that supplied that non-                     Comparison Method in Administrative
                                                    in practice, for entries that were not                  PRC exporter. The deposit requirements,                   Reviews
                                                    reported in the U.S. sales databases                    when imposed, shall remain in effect                  Comment 8: Withdrawal of the Regulatory
                                                    submitted by companies individually                     until further notice.                                     Provisions Governing Targeted Dumping
                                                    examined during this review, the                                                                                  in Less-than-Fair-Value Investigations
                                                    Department will instruct CBP to                         Notification to Importers Regarding the               Comment 9: Application of the Differential
                                                    liquidate such entries at the PRC-wide                  Reimbursement of Duties                                   Pricing Analysis
                                                    rate. In addition, if the Department                                                                          Comment 10: Hebei Cangzhou New Century
                                                                                                              This notice also serves as a final                      Foreign Trade Co., Ltd.’s Status as a No
                                                    determines that an exporter had no
                                                                                                            reminder to importers of their                            Shipments Company
                                                    shipments of the subject merchandise,
                                                                                                            responsibility under 19 CFR 351.402(f)                Comment 11: Correction of a Clerical Error in
                                                    any suspended entries that entered
                                                                                                            to file a certificate regarding the                       Not Listing Tianjin Lianda as a Separate
                                                    under that exporter’s case number will
                                                                                                            reimbursement of antidumping duties                       Rate Company
                                                    be liquidated at the PRC-wide rate.15
                                                                                                            prior to liquidation of the relevant                  Comment 12: SV for Stanley’s Plastic Beads
                                                       The Department determines that                       entries during this POR. Failure to                   Comment 13: SV for Stanley’s Chromate,
                                                    Besco Machinery Industry (Zhejiang)                     comply with this requirement could                        Chromium Trioxide
                                                    Co., Ltd., Certified Products                           result in the Department’s presumption                Comment 14: SV for Stanley’s Thermal
                                                    International Inc. (‘‘CPI’’), Huanghua                  that reimbursement of antidumping                         Transfer Ribbon
                                                    Xionghua Hardware Products Co., Ltd.,                   duties occurred and the subsequent                    Comment 15: Use of Customer Code or
                                                    Jining Huarong Hardware Products Co.,                   assessment of doubled antidumping                         Common Customer Code in the Cohen’s
                                                    Ltd., Shandong Oriental Cherry                          duties.                                                   d Test to Identify the Purchaser in
                                                    Hardware Import & Export Co., Ltd.                                                                                Stanley’s Margin Program
                                                    (‘‘Oriental Cherry’’), Shanghai Jade                    Notification Regarding Administrative
                                                                                                            Protective Order                                      Comment 16: Stanley’s Use of Steam and
                                                    Shuttle Hardware Tools Co., Ltd.,                                                                                 Gasoline
                                                    Shanghai Tengyu Hardware Tools Co.,                       This notice also serves as a reminder               Comment 17: Scrap Offset for Stanley’s
                                                    Ltd., Tianjin Jinchi Metal Products Co.,                to parties subject to administrative                      Toller A
                                                    Ltd., and Zhejiang Gem-Chun Hardware                    protective order (‘‘APO’’) of their                   Comment 18: Scrap Offset for Stanley’s
                                                    Accessory Co., Ltd. did not have any                    responsibility concerning the return or                   Toller B
                                                    reviewable transactions during the POR.                 destruction of proprietary information                Comment 19: Correction of a Ministerial
                                                    As a result, any suspended entries that                 disclosed under APO in accordance                         Error Pertaining to Freight Revenue in
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    entered under these exporters’ case                     with 19 CFR 351.305, which continues                      Stanley’s Margin Calculation Program
                                                    numbers (i.e., at that exporter’s rate) will            to govern business proprietary                        Comment 20: Usage Rates for Three Chemical
                                                    be liquidated at the PRC-wide rate.                     information in this segment of the                        Inputs Used by Toller A in the Pickling
                                                                                                            proceeding. Timely written notification                   and Phosphating Process
                                                      14 See19 CFR 351.212(b)(1).                           of the return or destruction of APO                   Recommendation
                                                      15 SeeNon-Market Economy Antidumping                                                                        [FR Doc. 2015–08101 Filed 4–7–15; 8:45 am]
                                                    Proceedings: Assessment of Antidumping Duties, 76
                                                                                                            materials, or conversion to judicial
                                                                                                            protective order, is hereby requested.                BILLING CODE 3510–DS–P
                                                    FR 65694 (October 24, 2011); see also Preliminary
                                                    Decision Memorandum, at 4–5.                            Failure to comply with the regulations


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Document Created: 2018-02-21 10:06:58
Document Modified: 2018-02-21 10:06:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: April 8, 2015.
ContactMatthew Renkey or Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-2312 or 202-482-4031, respectively.
FR Citation80 FR 18816 

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