Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
The Department of Commerce (Commerce) determines that certain steel nails (nails) from the People's Republic of China (China) were sold in the United States at less than normal ...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) determines that certain steel nails (nails) from the People's Republic of China (China) were sold in the United States at less than normal value (NV) during the period of review (POR) August 1, 2018, through July 31, 2019.
DATES:
Applicable June 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2020, Commerce published the
Preliminary Results.[1]
In December 2020 and January 2021, Commerce received comments on the
Preliminary Results
from Paslode Fasteners (Shanghai) Co., Ltd. (Paslode), a subsidiary of US producer Illinois Tool Works, Inc. (ITW) [2]
and various separate rate companies and companies that claimed that they had no shipments of subject merchandise during the POR.[3]
On January 21, 2021, Mid Continent Steel & Wire, Inc. (the petitioner) [4]
and Tianjin Zhonglian Metals Ware Co., Ltd. (Zhonglian) [5]
timely filed case briefs. On January 28, 2021, the petitioner,[6]
Paslode,[7]
and Zhonglian [8]
timely filed rebuttal briefs, and Pioneer
et al.,
submitted comments.[9]
On April 8, 2021, Commerce extended the deadline for the final results by 179 days after the date of publication of the preliminary results, until June 18, 2021.
Scope of the Order
The products covered by the order are nails from China. For a complete description of the scope of this order,
see
the Issues and Decision Memorandum.[10]
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs filed by interested parties in the Issues and Decision Memorandum. Attached to this notice, in Appendix I, is a list of the issues which parties raised. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov.
In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/index.html.
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties, and for the reasons explained in the Issues and Decision Memorandum, we are revising the margin calculation for Zhonglian. Accordingly, for these final results, Commerce updated the rate assigned to the non-selected companies, which is based on the rate for Zhonglian. For a discussion of these changes,
see
the “Changes Since the Preliminary Results” section of the Issues and Decision Memorandum.
Final Determination of No Shipments
In the
Preliminary Results,
Commerce preliminarily found that ten companies had no shipments of subject merchandise during the POR: Dezhou Hualude Hardware Products Co., Ltd.; Hebei Minmetals Co., Ltd.; Nanjing Caiqing Hardware Co., Ltd.; Nanjing Yuechang Hardware Co., Ltd.; Shandong Qingyun Hongyi Hardware Products Co., Ltd.; Shanxi Hairu Trade Co., Ltd.; Shanxi Pioneer Hardware Industrial Co., Ltd.; Tag Fasteners Sdn. Bhd.; Tianjin Jinghai County Hongli Industry & Business Co., Ltd.; and Xi'an Metals & Minerals Import & Export Co., Ltd. Following the publication of the
Preliminary Results,
we received no comments from interested parties regarding these companies, and no party has submitted record evidence which would call our preliminary no-shipment finding into question. Therefore, for these final results, we continue to find that these ten companies had no shipments of subject merchandise during the POR. Consistent with our practice, we will issue appropriate instructions to U.S. Customs and Border Protection (CBP).
Separate Rates
In the
Preliminary Results,
we determined that nine companies, including the mandatory respondent, met the criteria for separate rate status. We have not received any information since the issuance of the
Preliminary Results
that provides a basis for reconsidering this preliminary determination. Therefore, Commerce
( printed page 33220)
continues to find that these companies are eligible for separate rates for the final results.
Rate for Non-Selected Companies
As noted above, for these final results, the dumping margin for Zhonglian, the sole mandatory respondent, has changed from the
Preliminary Results.
Accordingly, for the final results, we have assigned Zhonglian's revised margin to the non-selected companies, in accordance with section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act).
China-Wide Entity
In the
Preliminary Results,
we found that 288 companies for which a review was requested had not established eligibility for a separate rate and, thus, we considered them to be part of the China-wide entity.[11]
With the exception discussed in the Issues and Decision Memorandum (related to Paslode Co., Ltd. and Paslode Fasteners Co., Ltd.),[12]
we have not received any information since the issuance of the
Preliminary Results
that provides a basis for reconsidering this preliminary determination. Therefore, Commerce continues to find that these companies are part of the China-wide entity.[13]
Final Results of Administrative Review
The weighted-average dumping margins for the
administrative review are as follows:
Exporter/producer
Weighted-
average dumping margin
Tianjin Zhonglian Metals Ware Co., Ltd
22.91
Review-Specific Average Rate Applicable to the Following Companies: 14
Qingdao D&L Group Ltd
22.91
SDC International Australia Pty. Ltd
22.91
Shanghai Curvet Hardware Products Co., Ltd
22.91
Shanghai Yueda Nails Industry Co., Ltd., a.k.a. Shanghai Yueda Nails Co., Ltd
22.91
Shanxi Tianli Industries Co., Ltd
22.91
S-Mart (Tianjin) Technology Development Co., Ltd
22.91
Suntec Industries Co., Ltd
22.91
Tianjin Jinchi Metal Products Co., Ltd
22.91
Disclosure
We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. Consistent with its recent notice,[15]
Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the
Federal Register
. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
i.e.,
within 90 days of publication).
For Zhonglian, which has a final weighted-average dumping margin that is not zero or
de minimis
(
i.e.,
less than 0.5 percent), we will calculate customer-specific per-unit duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to that customer to the total quantity associated with those sales, in accordance with 19 CFR 351.212(b)(1). We will also calculate
ad valorem
customer-specific assessment rates with which to determine whether the per-unit assessment rates are
de minimis.
Where a customer-specific assessment rate is zero or
de minimis,
we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.[16]
For the non-examined companies granted separate rates, the
ad valorem
assessment rate will be equal to the rate assigned above in the final results of administrative review. We will instruct CBP to liquidate entries of subject merchandise exported by companies identified as part of the China-wide entity at the China-wide rate.
Pursuant to Commerce's assessment practice, for entries that were not reported in the U.S. sales database submitted by Zhonglian during this review, we will instruct CBP to liquidate such entries at the China-wide entity rate. Furthermore, where we found that an exporter had no shipments of subject merchandise, any suspended entries that entered under that exporter's case number (
i.e.,
at that exporter's cash deposit rate) will be liquidated at the China-wide entity rate.[17]
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 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; (2) for previously investigated or reviewed China and non-China exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which they were reviewed; (3) for all China exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate of 118.04 percent; and (4) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the China exporters that supplied that non-China exporter. We also note that entries produced and
( printed page 33221)
exported by Paslode Fasteners (Shanghai) Co., Ltd. are excluded from this order, and are not subject to a cash deposit.[18]
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
Administrative Protective Orders
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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of the Primary Surrogate Country
Comment 2: Whether to Add Brokerage and Handling (B&H) Expenses to the Mexico Import Values
Comment 3: Whether to Treat Paslode Co., Ltd. and Paslode Fasteners Co., Ltd. as Part of the China-Wide Entity
Tianjin Jin Xin Sheng Long Metal Products Co., Ltd.
Tianjin Jinghai County Hongli Industry and Business Co., Ltd.
Tianjin Jinghai Yicheng Metal Pvt
Tianjin Jinjin Pharmaceutical Factory
Tianjin Jinmao Imp. & Exp. Corp., Ltd.
Tianjin Jinyifeng Hardware Co., Ltd.
Tianjin Jinzhuang Hardware Factory
Tianjin Lianda Group Co., Ltd.
Tianjin Liweitian Metal Technology
Tianjin Tialai Import & Export Company Ltd.
Tianjin Tianhua Environmental Plastics Co., Ltd.
Tianjin Universal Machinery Imp. & Exp. Corp.
Tianjin Yong Sheng Towel Mill
Tianjin Yongye Furniture Co., Ltd.
Tianjin Zhengjun Trade Company Limited
Tianjin Zhonglian Times Technology
Tianjin Zhongsheng Garment Co., Ltd.
Topworks Ltd.
Total Glory Logistics Co., Ltd. (Qingdao)
Trinity Steel Private Limited
Tsugaru Enterprise Co., Ltd.
Ujl Industries Co., Ltd.
Unicorn Fasteners Co., Ltd.
Verko Incorporated
Walkbase Rubber Products Co., Ltd.
Walsoon Trading Co., Ltd.
Weifang Wenhe Pneumatic Tools Co., Ltd.
Wenzhou Yodsn Fluid Equipment Co., Ltd.
Win Fasteners Manufactory (Thailand) Co., Ltd.
Wire Products Manufacturing Co., Ltd.
Wuhu Diamond Metal Products Co., ltd
Wulian Zhanpeng Metals Co., Ltd.
Wuxi Holtrent International Co., Ltd.
Wuxi Yushea Furniture Co., Ltd.
Xiamen Hongju Printing Industry &trade Co., Ltd.
Xuzhou Cip International Group Co, Ltd.
Yiwu Competency Trading Co., Ltd.
Yiwu Kingland Import & Export Co.
Yiwu Taisheng Decoration Materials Limited
Yiwu Yipeng Import & Export Co., Ltd.
Yongchang Metal Product Co., Ltd.
Youngwoo Fasteners Co., Ltd.
Yuyao Dingfeng Engineering Co. Ltd.
Zhanghaiding Hardware Co., Ltd.
Zhangjiagang Lianfeng Metals Products Co., Ltd.
Zhangjiagang Longxiang Industries Co., Ltd.
Zhaoqing Harvest Nails Co., Ltd.
Zhejiang Best Nail Industry Co., Ltd.
Zhejiang Jihengkang (JHK) Door Ind. Co., Ltd.
Zhejiang Rongpeng Imp. & Exp. Co., Ltd
Zhejiang Saiteng New Building Materials Co., Ltd.
Zhejiang Yiwu Yongzhou Imp. & Exp. Co., Ltd.
Zhong Shan Daheng Metal Products Co., Ltd.
Zhong Shan Shen Neng Metal Products Co., Ltd.
Zhucheng Jinming Metal Products Co., Ltd.
Zhucheng Runfang Paper Co., Ltd.
Zhuhai Trillion Trading Co., Ltd
Zon Mon Co., Ltd.
Footnotes
1.
See Certain Steel Nails from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2018-2019,85 FR 83054 (December 21, 2020) (
Preliminary Results), and accompanying Preliminary Decision Memorandum.
2.
See
Paslode's Letter, “Certain Steel Nails from China; 11th Administrative Review; Letter Regarding Improper Inclusion of Paslode in Review,” dated December 24, 2020.
3.
See
Jinghai
et al.'
s Letter, “Case Brief of Certain Chinese Respondents: Administrative Review of the Antidumping Order on Certain Steel Nails from the People's Republic of China,” dated January 20, 2021 (providing comments on behalf of various separate rate and no shipment companies: Tianjin Jinghai County Hongli Industry & Business Co., Ltd. (a.k.a. Tianjin Jinghai County Hongli Industry and Business Co., Ltd.); Tianjin Jinchi Metal Products Co., Ltd.; Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai Yueda Nails Co., Ltd.; and Shanxi Tianli Industries Co., Ltd. (collectively, Jinghai
et al.));
see also
Pioneer
et al.'
s Letter, “Steel Nails from the People's Republic of China: Letter in Lieu of Case Brief,” dated January 21, 2021 (providing comments on behalf of various separate rate and no shipment companies: Shanxi Pioneer Hardware Industrial Co., Ltd.; SDC International Australia Pty. Ltd; S-Mart (Tianjin) Technology Development Co., Ltd.; and Shanxi Hairui Trade Co., Ltd. (collectively, Pioneer
et al.)).
5.
See
Zhonglian's Letter, “Certain Steel Nails from the People's Republic of China: Submission of Tianjin Zhonglian Metals Ware Co., Ltd.'s Administrative Case Brief,” dated January 21, 2021.
8.
See
Zhonglian's Letter, “Certain Steel Nails from the People's Republic of China: Submission of Tianjin Zhonglian's Rebuttal Case Brief,” dated January 28, 2021.
10.
See
Memorandum, “Certain Steel Nails from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the 2018-2019 Antidumping Duty Administrative Review,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
15.
Se
e
Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings,86 FR 3995 (January 15, 2021).
19.
We removed Paslode Fasteners (Shanghai) Co., Ltd. from this list because entries produced and exported by this company are excluded. However, in our instructions to CBP, we will direct that merchandise produced by another entity and exported by Paslode Fasteners (Shanghai) Co., Ltd. is subject to the China-wide entity rate.
See
Comment 3 of the Issues and Decision Memorandum for further discussion. Additionally, we note that “Paslode Fasteners (Shanghai) Co., Ltd.” was referenced as “Paslode Co., Ltd.” and “Paslode Fasteners Co., Ltd.” in this proceeding.
Use this for formal legal and research references to the published document.
86 FR 33219
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019,” thefederalregister.org (June 24, 2021), https://thefederalregister.org/documents/2021-13381/certain-steel-nails-from-the-people-s-republic-of-china-final-results-of-antidumping-duty-administrative-review-and-fina.