Certain Collated Steel Staples From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain collated steel staples (co...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain collated steel staples (collated staples) from the People's Republic of China (China) during the period of review (POR) from January 1, 2021, through December 31, 2021. Additionally, Commerce is rescinding the review with respect to 79 companies. Interested parties are invited to comment on these preliminary results.
DATES:
Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Shane Subler and Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 and (202) 482-0339, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2020, Commerce published the countervailing duty (CVD) order on collated staples from China.[1]
On August 1, 2022, we received a timely request for an administrative review from Kyocera Senco Industrial Tools, Inc. (the petitioner), Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Tianjin Hweschun), and Tianjin Jinyifeng Hardware Co., Ltd. (Tianjin Jinyifeng).[2]
On September 6, 2022, Commerce published in the
Federal Register
a notice of initiation of an administrative review of the
Order
on 84 producers/exporters.[3]
For a description of the events that occurred since the initiation of this review,
see
the Preliminary Decision Memorandum.[4]
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
access.trade.gov.
In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
access.trade.gov/​public/​FRNoticesListLayout.aspx.
A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice.
Scope of the Order
The product covered by the
Order
is collated staples from China. For a complete description of the scope of the
Order, see
the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP) information, we determine that 79 companies had no entries of subject merchandise during the POR.[5]
On May 25, 2023, we notified parties that we intended to rescind this administrative review with respect to the 79 companies because there are no reviewable suspended entries.[6]
No parties commented on the notification of intent to rescind the review, in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative review of these companies. We have included a list of these 79 companies in Appendix II of this notice. For additional information regarding this determination,
see
the Preliminary Decision Memorandum.[7]
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy,
i.e.,
a financial contribution by an “authority” that confers a benefit to the recipient, and that the subsidy is
( printed page 43289)
specific.[8]
For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act,
see
the Preliminary Decision Memorandum.[9]
Preliminary Rate for Non-Selected Companies Under Review
As discussed above, Commerce initiated this administrative review on 84 producers/exporters and is rescinding this administrative review, in part, with respect to 79 producers/exporters. In addition, Commerce selected Tianjin Hweschun Fasteners Mfg. Co. Ltd. (Tianjin Hweschun) for individual examination. For the remaining four companies subject to this review, because the preliminary subsidy rate calculated for Tianjin Hweschun is above
de minimis
and not based entirely on facts available, we are preliminarily applying to the four non-selected companies, identified below, Tianjin Hweschun's subsidy rate. This methodology to establish the rate for the non-selected companies is applied pursuant to section 705(c)(5)(A) of the Act, which governs the calculation of the “all-others” rate in an investigation, as guidance. For additional information,
see
the Preliminary Decision Memorandum.[10]
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a countervailable subsidy rate for the mandatory respondent Tianjin Hweschun. As this rate is not zero,
de minimis,
or based entirely on facts otherwise available, as discussed above, we applied it to all other producers/exporters subject to this review but not selected for individual examination (
i.e.,
non-selected companies).
We preliminarily find the countervailable subsidy rates for the mandatory and non-selected respondents under review for the period of January 1, 2021, through December 31, 2021, to be as follows:
Producer/exporter
Subsidy
rate
(percent)
Tianjin Hweschun Fasteners Manufacturing Co., Ltd
86.44
Ningbo Pacrim Manufacturing Co., Ltd
86.44
Shanghai Jade Shuttle Hardware
86.44
Shaoxing Bohui Import Export Co., Ltd
86.44
Youngwoo (Cangzhou) Fasteners Co., Ltd
86.44
Disclosure and Public Comment
We intend to disclose to interested parties the calculations performed for these preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date.[11]
Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.[12]
Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.[13]
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this review are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Case and rebuttal briefs must be filed using ACCESS.[14]
An electronically filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time on the established deadline.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.[15]
Parties should confirm by telephone the date and time of the hearing two days before the scheduled date.
Final Results
Unless the deadline is extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the 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 and 19 CFR 351.213(h).
Assessment Rates
Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. For the companies for which this review is rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2021, through December 31, 2021, in accordance with 19 CFR 351.212(c)(l)(i). For the companies for which this review is rescinded, we intend to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of this notice in the
Federal Register
.
For the companies remaining in the review, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at the subsidy rates calculated in the final results of this review. For the companies remaining in the review, we intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the
Federal Register
. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of
( printed page 43290)
estimated countervailing duties in the amounts shown for each of the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: June 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the
Order
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Application of Adverse Inferences
2.
See
Petitioner's Letter, “Request for Administrative Review,” dated August 1, 2022;
see also
Tianjin Hweschun and Tianjin Jinyifeng's Letter, “Request for Administrative Review,” dated August 1, 2022.
4.
See
Memorandum, “Decision Memorandum for the Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review: Certain Collated Steel Staples from the People's Republic of China; 2021,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
8.
See
sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.
12.
See 19 CFR 351.309(d);
see
also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19,85 FR 17006, 17007 (March 26, 2020) (“To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect).”).
Use this for formal legal and research references to the published document.
88 FR 43288
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Collated Steel Staples From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021,” thefederalregister.org (July 7, 2023), https://thefederalregister.org/documents/2023-14430/certain-collated-steel-staples-from-the-people-s-republic-of-china-preliminary-results-and-partial-rescission-of-the-cou.
access.trade.gov
19 CFR 351.213(d)(3)