81 FR 62710 - Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 176 (September 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62710-62712 | |
| FR Document | 2016-21883 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62710-62712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21883] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') is conducting the sixth administrative review of the antidumping duty order on certain steel nails (``nails'') from the People's Republic of China (``PRC''). The Department preliminarily determines that Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively ``Stanley'') sold subject merchandise in the United States at prices below normal value (``NV'') during the period of review (``POR''), August 1, 2014, through July 31, 2015. The Department also preliminarily determines that Tianjin Lianda Group Co., Ltd. (``Tianjin Lianda'') failed to demonstrate that it is entitled to a separate rate and has been treated as part of the PRC-wide entity. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective September 12, 2016. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Omar Qureshi, 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- 4031 or (202) 482-5307, respectively. SUPPLEMENTARY INFORMATION: Background On October 6, 2015, the Department initiated the seventh administrative review of the antidumping duty order on nails from the PRC for the period August 1, 2014, through July 31, 2014.\1\ On April 14, 2015, the Department partially extended the deadline for issuing the preliminary results by 90 days.\2\ On August 4, 2016, the Department fully extended the deadline for issuing the preliminary results by 30 days, to September 5, 2016.\3\ --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 58729 (September 30, 2014) (``Initiation Notice''). \2\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, from Omar Qureshi, International Trade Compliance Analyst, Antidumping and Countervailing Duty Operations, regarding ``Certain Steel Nails from the People's Republic of China: Extension of Deadline for Preliminary Results of 2014-2015 Antidumping Duty Administrative Review,'' dated April 14, 2016. \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, from Omar Qureshi, International Trade Compliance Analyst, Antidumping and Countervailing Duty Operations, regarding ``Certain Steel Nails from the People's Republic of China: Second Extension of Deadline for Preliminary Results of 2014-2015 Antidumping Duty Administrative Review,'' dated August 4, 2016. --------------------------------------------------------------------------- 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.\4\ While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.\5\ --------------------------------------------------------------------------- \4\ 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. \5\ See ``Certain Steel Nails from the People's Republic of China: Decision Memorandum for the Preliminary Results of the 2013- 2014 Antidumping Duty Administrative Review,'' (``Preliminary Decision Memorandum''), dated concurrently with these results and hereby adopted by this notice, for a complete description of the Scope of the Order. --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on the no-shipments letters filed by 11 companies subject to this review, the Department preliminarily determines that these companies did not have any reviewable transactions during the POR. For additional information regarding this determination, including a list of these companies, see the Preliminary Decision Memorandum. Consistent with our assessment practice in non-market economy (``NME'') cases, the Department is not rescinding this review for these companies, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.\6\ --------------------------------------------------------------------------- \6\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- Separate Rates The Department preliminarily determines that information placed on the record by the mandatory respondent Stanley, as well as by the 21 other separate rate applicants,\7\ demonstrates that these companies are entitled to separate rate status. For additional information, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ We note that Mingguang Ruifeng Hardware Products Co., Ltd. and Mingguang Abundant Hardware Products Co., Ltd. are one company. --------------------------------------------------------------------------- PRC-Wide Entity The Department's policy regarding conditional review of the PRC- wide entity applies to this administrative review.\8\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the entity's rate is not subject to change (i.e., 118.04 percent).\9\ Aside from the no shipments and separate rate companies discussed above, the Department considers all other companies for which a review was requested,\10\ as well as Tianjin Lianda, to be part of the PRC-wide entity. For additional information, see the Preliminary Decision Memorandum; see also Appendix 2 for a list of companies considered as part of the PRC- wide entity. --------------------------------------------------------------------------- \8\ 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). \9\ See, e.g., id.; Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 18816, 18817 and accompanying Issues and Decision Memorandum (``AR5 Final Results''). \10\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 51548, 51549 (August 29, 2014) (``All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification . . .''). --------------------------------------------------------------------------- [[Page 62711]] Rate for Separate-Rate Companies Not Individually Examined The statute and the Department's regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents not individually examined in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference for not calculating an all-others rate using rates which are zero, de minimis or based entirely on facts available. Accordingly, the Department's usual practice has been to determine the dumping margin for companies not individually examined by averaging the weighted- average dumping margins for the individually examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available.\11\ Consistent with this practice, in this review, we calculated a weighted-average dumping margin for Stanley that is above de minimis and not based entirely on FA; therefore, the Department assigned to the companies not individually examined, but which demonstrated their eligibility for a separate rate, the weighted- average dumping margin calculated for Stanley. --------------------------------------------------------------------------- \11\ See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Act. Constructed export prices and export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy country within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the period August 1, 2014, through July 31, 2015: ------------------------------------------------------------------------ Weighted- average Exporter margin (percent) ------------------------------------------------------------------------ Stanley..................................................... 5.90 Certified Products International Inc........................ 5.90 Chiieh Yung Metal Ind. Corp \12\............................ 5.90 Dezhou Hualude Hardware Products Co., Ltd................... 5.90 Hebei Cangzhou New Century Foreign Trade Co., Ltd........... 5.90 Mingguang Abundant Hardware Products Co., Ltd............... 5.90 Mingguang Ruifeng Hardware Products Co., Ltd................ 5.90 Nanjing Caiqing Hardware Co., Ltd........................... 5.90 Qingdao D&L Group Ltd....................................... 5.90 SDC International Aust. PTY. Ltd............................ 5.90 Shandong Dinglong Import & Export Co., Ltd.................. 5.90 Shandong Oriental Cherry Hardware Group Co., Ltd............ 5.90 Shanghai Curvet Hardware Products Co., Ltd.................. 5.90 Shanghai Yueda Nails Industry Co., Ltd...................... 5.90 Shanxi Hairui Trade Co., Ltd................................ 5.90 Shanxi Pioneer Hardware Industrial Co., Ltd................. 5.90 Shanxi Tianli Industries Co., Ltd........................... 5.90 S-Mart (Tianjin) Technology Development Co., Ltd............ 5.90 Suntec Industries Co., Ltd.................................. 5.90 Tianjin Jinchi Metal Products Co., Ltd...................... 5.90 Tianjin Jinghai County Hongli Industry & Business Co., Ltd.. 5.90 Tianjin Universal Machinery Imp. & Exp. Corporation \13\.... 5.90 ------------------------------------------------------------------------ Disclosure, Public Comment and Opportunity To Request a Hearing --------------------------------------------------------------------------- \12\ Although, the Department initiated this administrative review on Chiieh Yung Metal Industrial Corporation, the company name, Chiieh Yung Metal Ind. Corp., was the only name listed in the business license that was submitted in the separate rate application. Accordingly, the Department is granting a separate rate to Chiieh Yung Metal Ind. Corp. \13\ Although, the Department initiated this administrative review on Tianjin Universal Machinery Import and Export Corp., the company name, Tianjin Universal Machinery Imp. & Exp. Corporation. was the only name listed in the business license that was submitted in the separate rate application. Accordingly, the Department is granting a separate rate to Tianjin Universal Machinery Imp. & Exp. Corporation. --------------------------------------------------------------------------- The Department intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs within 30 days after the date of publication of these preliminary results of review in the Federal Register.\14\ Rebuttals to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.\15\ Parties who submit arguments are requested to submit with the argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities.\16\ Parties submitting briefs should do so pursuant to the Department's electronic filing system, ACCESS.\17\ --------------------------------------------------------------------------- \14\ See 19 CFR 351.309(c)(1)(ii). \15\ See 19 CFR 351.309(d)(1)-(2). \16\ See 19 CFR 351.309(c)(2), (d)(2). \17\ See 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Any interested party may request a hearing within 30 days of publication of this notice.\18\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.\19\ --------------------------------------------------------------------------- \18\ See 19 CFR 351.310(c). \19\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\20\ The Department intends to [[Page 62712]] issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \20\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- For assessment purposes, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification.\21\ For any individually examined respondent whose weighted average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\22\ Where either a respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\23\ For the respondents that were not selected for individual examination in this administrative review and that qualified for a separate rate, the assessment rate will be based on the average of the mandatory respondents.\24\ We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. --------------------------------------------------------------------------- \21\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) in the manner described in more detail in the Preliminary Decision Memorandum. \22\ See 19 CFR 351.212(b)(1). \23\ See 19 CFR 351.106(c)(2). \24\ See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Pursuant to the Department's practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during the administrative review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, 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 (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\25\ --------------------------------------------------------------------------- \25\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 duties prior to liquidation of the relevant entries during the 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 double antidumping duties. This preliminary determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: September 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Non-Market Economy Country Status 6. PRC-Wide Entity 7. Separate Rates 8. Application of Facts Available and Use of Adverse Inference 9. Facts Available 10. Surrogate Country 11. Date of Sale 12. Comparisons to Normal Value 13. U.S. Price 14. Normal Value 15. Factor Valuations 16. Currency Conversion 17. Recommendation Appendix 2 Companies Subject to This Administrative Review That Are Considered To Be Part of the PRC-Wide Entity Cana (Tianjin) Hardware Industrial Co., Ltd. China Staple Enterprise (Tianjin) Co., Ltd. Huanghu Jinhai Hardware Products Co. Ltd. Huanghua Xiong Hua Hardware Product Co., Ltd. Huanghua Yufutai Hardware Products Limited Liaocheng Minghui Hardware Products Co., Ltd. Mingguang Abundant Hardware Products Co., Ltd. Qingdao D&L Group Co., Ltd. Shandong Qingyun Hongyi Hardware Products Co., Ltd. Shanghai Yueda Fasterners Co., Ltd. Shanxi Tianli Enterprise Co., Ltd. Smart (Tianjin) Technology Development Co., Ltd. Tianjin Hongli Qiangsheng Import and Export Co., Ltd. Tianjin Lianda Group Ltd. [FR Doc. 2016-21883 Filed 9-9-16; 8:45 am] BILLING CODE 3510-DS-P
![62710 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
Dated: September 6, 2016. August 1, 2014, through July 31, 2014.1 a list of these companies, see the
Andrew McGilvray, On April 14, 2015, the Department Preliminary Decision Memorandum.
Executive Secretary. partially extended the deadline for Consistent with our assessment practice
[FR Doc. 2016–21860 Filed 9–9–16; 8:45 am] issuing the preliminary results by 90 in non-market economy (‘‘NME’’) cases,
BILLING CODE 3510–DS–P
days.2 On August 4, 2016, the the Department is not rescinding this
Department fully extended the deadline review for these companies, but intends
for issuing the preliminary results by 30 to complete the review and issue
DEPARTMENT OF COMMERCE days, to September 5, 2016.3 appropriate instructions to CBP based
Scope of the Order on the final results of the review.6
International Trade Administration
The merchandise covered by the order Separate Rates
[A–570–909] includes certain steel nails having a
shaft length up to 12 inches. Certain The Department preliminarily
Certain Steel Nails From the People’s determines that information placed on
steel nails subject to the order are
Republic of China: Preliminary Results the record by the mandatory respondent
currently classified under the
of the Antidumping Duty
Harmonized Tariff Schedule of the Stanley, as well as by the 21 other
Administrative Review and Preliminary
United States (‘‘HTSUS’’) subheadings separate rate applicants,7 demonstrates
Determination of No Shipments; 2014–
7317.00.55, 7317.00.65, 7317.00.75, and that these companies are entitled to
2015
7907.00.6000.4 While the HTSUS separate rate status. For additional
AGENCY: Enforcement and Compliance, subheadings are provided for information, see the Preliminary
International Trade Administration, convenience and customs purposes, the Decision Memorandum.
Department of Commerce. written description of the scope of the
order is dispositive.5 PRC-Wide Entity
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting the sixth Preliminary Determination of No The Department’s policy regarding
administrative review of the Shipments conditional review of the PRC-wide
antidumping duty order on certain steel entity applies to this administrative
nails (‘‘nails’’) from the People’s Based on the no-shipments letters
filed by 11 companies subject to this review.8 Under this policy, the PRC-
Republic of China (‘‘PRC’’). The wide entity will not be under review
Department preliminarily determines review, the Department preliminarily
determines that these companies did not unless a party specifically requests, or
that Stanley Works (Langfang) Fastening the Department self-initiates, a review of
Systems Co., Ltd. and Stanley Black & have any reviewable transactions during
the POR. For additional information the entity. Because no party requested a
Decker, Inc. (collectively ‘‘Stanley’’) review of the PRC-wide entity in this
regarding this determination, including
sold subject merchandise in the United review, the entity is not under review
States at prices below normal value 1 See Initiation of Antidumping and and the entity’s rate is not subject to
(‘‘NV’’) during the period of review Countervailing Duty Administrative Reviews, 79 FR change (i.e., 118.04 percent).9 Aside
(‘‘POR’’), August 1, 2014, through July 58729 (September 30, 2014) (‘‘Initiation Notice’’).
from the no shipments and separate rate
31, 2015. The Department also 2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and companies discussed above, the
preliminarily determines that Tianjin
Countervailing Duty Operations, through James C. Department considers all other
Lianda Group Co., Ltd. (‘‘Tianjin Doyle, Director, Office V, Antidumping and
Lianda’’) failed to demonstrate that it is companies for which a review was
Countervailing Duty Operations, from Omar
entitled to a separate rate and has been Qureshi, International Trade Compliance Analyst, requested,10 as well as Tianjin Lianda,
treated as part of the PRC-wide entity. Antidumping and Countervailing Duty Operations, to be part of the PRC-wide entity. For
If these preliminary results are adopted
regarding ‘‘Certain Steel Nails from the People’s additional information, see the
Republic of China: Extension of Deadline for Preliminary Decision Memorandum; see
in the final results, the Department will Preliminary Results of 2014–2015 Antidumping
instruct U.S. Customs and Border Duty Administrative Review,’’ dated April 14, 2016. also Appendix 2 for a list of companies
Protection (‘‘CBP’’) to assess 3 See Memorandum to Christian Marsh, Deputy considered as part of the PRC-wide
antidumping duties on all appropriate Assistant Secretary for Antidumping and entity.
Countervailing Duty Operations, through James C.
entries of subject merchandise during Doyle, Director, Office V, Antidumping and
6 See Non-Market Economy Antidumping
the POR. Interested parties are invited to Countervailing Duty Operations, from Omar
Qureshi, International Trade Compliance Analyst, Proceedings: Assessment of Antidumping Duties, 76
comment on these preliminary results. FR 65694, 65694–95 (October 24, 2011) and the
Antidumping and Countervailing Duty Operations,
DATES: Effective September 12, 2016. regarding ‘‘Certain Steel Nails from the People’s ‘‘Assessment Rates’’ section, below.
7 We note that Mingguang Ruifeng Hardware
FOR FURTHER INFORMATION CONTACT: Republic of China: Second Extension of Deadline
for Preliminary Results of 2014–2015 Antidumping Products Co., Ltd. and Mingguang Abundant
Susan Pulongbarit or Omar Qureshi, Hardware Products Co., Ltd. are one company.
Duty Administrative Review,’’ dated August 4,
AD/CVD Operations, Office V, 2016. 8 See Antidumping Proceedings: Announcement
Enforcement and Compliance, 4 The Department recently added the Harmonized of Change in Department Practice for Respondent
International Trade Administration, Tariff Schedule category 7907.00.6000, ‘‘Other Selection in Antidumping Duty Proceedings and
U.S. Department of Commerce, 14th articles of zinc: Other,’’ to the language of the Conditional Review of the Nonmarket Economy
Order. See Memorandum to Gary Taverman, Senior Entity in NME Antidumping Duty Proceedings, 78
Street and Constitution Avenue NW., Advisor for Antidumping and Countervailing Duty FR 65963 (November 4, 2013).
Washington, DC 20230; telephone: (202) Operations, through James C. Doyle, Director, Office 9 See, e.g., id.; Certain Steel Nails from the
482–4031 or (202) 482–5307, 9, Antidumping and Countervailing Duty People’s Republic of China: Final Results of
respectively. Operations, regarding ‘‘Certain Steel Nails from the Antidumping Duty Administrative Review; 2012–
sradovich on DSK3GMQ082PROD with NOTICES
People’s Republic of China: Cobra Anchors Co. Ltd. 2013, 80 FR 18816, 18817 and accompanying Issues
SUPPLEMENTARY INFORMATION: Final Scope Ruling,’’ dated September 19, 2013. and Decision Memorandum (‘‘AR5 Final Results’’).
5 See ‘‘Certain Steel Nails from the People’s 10 See Initiation of Antidumping and
Background Republic of China: Decision Memorandum for the Countervailing Duty Administrative Reviews, 79 FR
On October 6, 2015, the Department Preliminary Results of the 2013–2014 Antidumping 51548, 51549 (August 29, 2014) (‘‘All firms listed
Duty Administrative Review,’’ (‘‘Preliminary below that wish to qualify for separate rate status
initiated the seventh administrative Decision Memorandum’’), dated concurrently with in the administrative reviews involving NME
review of the antidumping duty order these results and hereby adopted by this notice, for countries must complete, as appropriate, either a
on nails from the PRC for the period a complete description of the Scope of the Order. separate rate application or certification . . .’’).
VerDate Sep<11>2014 18:40 Sep 09, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1](https://thefederalregister.org/doc/81_FR_62886/page/1.svg)
![62712 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
issue assessment instructions to CBP 15 Cash Deposit Requirements 5. Non-Market Economy Country Status
days after the publication date of the 6. PRC-Wide Entity
The following cash deposit 7. Separate Rates
final results of this review. requirements will be effective upon
For assessment purposes, the 8. Application of Facts Available and Use of
publication of the final results of this Adverse Inference
Department applied the assessment rate review for shipments of the subject 9. Facts Available
calculation method adopted in merchandise from the PRC entered, or 10. Surrogate Country
Antidumping Proceedings: Calculation withdrawn from warehouse, for 11. Date of Sale
of the Weighted-Average Dumping consumption on or after the publication 12. Comparisons to Normal Value
Margin and Assessment Rate in Certain date, as provided by sections 13. U.S. Price
Antidumping Proceedings: Final 751(a)(2)(C) of the Act: (1) For the 14. Normal Value
Modification.21 For any individually 15. Factor Valuations
companies listed above that have a 16. Currency Conversion
examined respondent whose weighted separate rate, the cash deposit rate will
average dumping margin is above de 17. Recommendation
be that established in the final results of
minimis (i.e., 0.50 percent) in the final this review (except, if the rate is zero or Appendix 2
results of this review, the Department de minimis, then zero cash deposit will
will calculate importer-specific Companies Subject to This Administrative
be required); (2) for previously Review That Are Considered To Be Part of
assessment rates on the basis of the ratio investigated or reviewed PRC and non- the PRC-Wide Entity
of the total amount of dumping PRC exporters not listed above that
calculated for the importer’s examined Cana (Tianjin) Hardware Industrial Co., Ltd.
received a separate rate in a prior China Staple Enterprise (Tianjin) Co., Ltd.
sales to the total entered value of sales, segment of this proceeding, the cash Huanghu Jinhai Hardware Products Co. Ltd.
in accordance with 19 CFR deposit rate will continue to be the Huanghua Xiong Hua Hardware Product Co.,
351.212(b)(1). Where an importer- (or existing exporter-specific rate; (3) for all Ltd.
customer-) specific ad valorem rate is PRC exporters of subject merchandise Huanghua Yufutai Hardware Products
greater than de minimis, the Department that have not been found to be entitled Limited
will instruct CBP to collect the to a separate rate, the cash deposit rate Liaocheng Minghui Hardware Products Co.,
appropriate duties at the time of Ltd.
will be that for the PRC-wide entity; and Mingguang Abundant Hardware Products
liquidation.22 Where either a (4) for all non-PRC exporters of subject
respondent’s weighted average dumping Co., Ltd.
merchandise which have not received Qingdao D&L Group Co., Ltd.
margin is zero or de minimis, or an their own rate, the cash deposit rate will Shandong Qingyun Hongyi Hardware
importer- (or customer-) specific ad be the rate applicable to the PRC Products Co., Ltd.
valorem rate is zero or de minimis, the exporter that supplied that non-PRC Shanghai Yueda Fasterners Co., Ltd.
Department will instruct CBP to exporter. These deposit requirements, Shanxi Tianli Enterprise Co., Ltd.
liquidate appropriate entries without when imposed, shall remain in effect Smart (Tianjin) Technology Development
regard to antidumping duties.23 For the until further notice. Co., Ltd.
respondents that were not selected for Tianjin Hongli Qiangsheng Import and
individual examination in this Notification to Importers Export Co., Ltd.
administrative review and that qualified Tianjin Lianda Group Ltd.
This notice also serves as a
for a separate rate, the assessment rate preliminary reminder to importers of [FR Doc. 2016–21883 Filed 9–9–16; 8:45 am]
will be based on the average of the their responsibility under 19 CFR BILLING CODE 3510–DS–P
mandatory respondents.24 We intend to 351.402(f)(2) to file a certificate
instruct CBP to liquidate entries regarding the reimbursement of
containing subject merchandise antidumping duties prior to liquidation DEPARTMENT OF COMMERCE
exported by the PRC-wide entity at the of the relevant entries during the POR.
PRC-wide rate. Failure to comply with this requirement International Trade Administration
Pursuant to the Department’s practice, could result in the Department’s [A–580–836]
for entries that were not reported in the presumption that reimbursement of
U.S. sales databases submitted by antidumping duties occurred and the Certain Cut-to-Length Carbon-Quality
companies individually examined subsequent assessment of double Steel Plate Products From the
during the administrative review, the antidumping duties. Republic of Korea: Final Results of
Department will instruct CBP to This preliminary determination is Antidumping Duty Administrative
liquidate such entries at the PRC-wide issued and published in accordance Review and New Shipper Review;
rate. Additionally, if the Department with sections 751(a)(1) and 777(i)(1) of 2014–2015
determines that an exporter had no the Act, and 19 CFR 351.221(b)(4).
shipments of the subject merchandise, AGENCY: Enforcement and Compliance,
any suspended entries that entered Dated: September 1, 2016. International Trade Administration,
under that exporter’s case number (i.e., Paul Piquado, Department of Commerce.
at that exporter’s rate) will be liquidated Assistant Secretary for Enforcement and SUMMARY: On March 11, 2016, the
at the PRC-wide rate.25 Compliance. Department of Commerce (the
Appendix 1 Department) published the preliminary
21 See Antidumping Proceedings: Calculation of results of the administrative review and
the Weighted-Average Dumping Margin and List of Topics Discussed in the Preliminary new shipper review of the antidumping
Assessment Rate in Certain Antidumping Decision Memorandum
duty order on certain cut-to-length
sradovich on DSK3GMQ082PROD with NOTICES
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) in the manner described in
1. Summary carbon-quality steel plate products (CTL
more detail in the Preliminary Decision 2. Background plate) from the Republic of Korea
Memorandum. 3. Scope of the Order
22 See 19 CFR 351.212(b)(1). 4. Preliminary Determination of No (Korea). Based on our analysis of the
23 See 19 CFR 351.106(c)(2). Shipments comments received, we continue to find
24 See Preliminary Decision Memorandum. that subject merchandise has been sold
25 For a full discussion of this practice, see Non- Assessment of Antidumping Duties, 76 FR 65694 at less than normal value in the
Market Economy Antidumping Proceedings: (October 24, 2011). administrative review, and that subject
VerDate Sep<11>2014 18:40 Sep 09, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1](https://thefederalregister.org/doc/81_FR_62886/page/3.svg)
Document Created: 2016-09-10 00:56:51
Document Modified: 2016-09-10 00:56:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 12, 2016. | |
| Contact | Susan Pulongbarit or Omar Qureshi, 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- 4031 or (202) 482-5307, respectively. | |
| FR Citation | 81 FR 62710 |
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