Slip Op. 19–133 

UNITED STATES COURT OF INTERNATIONAL TRADE 

____________________________________ 

 : 

NATIONAL NAIL CORP., : 

 : 

 : 

 Plaintiff, : 

 : 

 and : 

 : 

SHANDONG ORIENTAL CHERRY : Before: Richard K. Eaton, Judge 

HARDWARE GROUP CO., LTD., : 

 : Consol. Court No. 16-00052 

 Consolidated Plaintiff , : 

 : 

 v. : 

 : 

UNITED STATES, : 

 : 

 Defendant. : 

____________________________________: 

JUDGMENT 

 Before the court is the United States Department of Commerce’s (“Commerce”) second 

remand redetermination (“Remand Results”), ECF No. 87-1, issued pursuant to the court’s order 

in National Nail Corp. v. United States, 43 CIT __, Slip Op. 19-71 (June 12, 2019) (“National Nail 

II”). Also before the court are the comments of Plaintiff National Nail Corp., ECF No. 89, and 

Consolidated Plaintiff Shandong Oriental Cherry Hardware Group Co., Ltd. (“Shandong”), ECF 

No. 91, and the United States’ response to those comments, ECF No. 90. 

 In National Nail II, the court directed Commerce to calculate a separate rate for Shandong 

in accordance with its instructions. The court ordered: 

(a) with respect to Shandong’s factors of production, Commerce shall use the 

information Shandong reported (i) on a CONNUM-specific basis, and (ii) on a 

production-group basis, to determine normal value; (b) with respect to Shandong’s 

U.S. sales information, Commerce shall use the information Shandong provided, 
Consol. Court No. 16-00052 Page 2 

including but not limited to sales data for November and December 2014 and the 

narrative explanation Shandong provided to tie its sales reconciliation and 

supporting documentation to its financial statements, in making its comparison of 

normal value and the price at which the subject merchandise was sold in the United 

States. With respect to Shandong’s unexplained revisions to the August and 

December 2013 sales quantities, Commerce shall conduct its analysis in accordance 

with this opinion; and (c) with respect to [Shandong’s affiliate,] Jining Dragon’s 

shooting nails, Commerce shall use facts available in filling in missing necessary 

information, and may draw an adverse inference with respect to information 

regarding the period of review sales of shooting nails; however, Commerce may 

not use the deficiencies in Jining Dragon’s shooting nails information as a basis for 

using total adverse facts available. 

 

National Nail II at 48. In the Remand Results, Commerce calculated a rate of 61.05 percent for 

Shandong, in compliance with the court’s order. Remand Results at 5. Commerce stated: 

In accordance with the Second Remand Order, and under respectful protest, for 

these final results of redetermination, Commerce calculated a rate for [Shandong] 

using the [factors of production] and U.S. sales information it submitted in the 

underlying review. Commerce also valued [Shandong]’s [factors of production], 

movement expenses, and financial ratios using surrogate values from the record 

information in the underlying review. In addition, and consistent with the Second 

Remand Order, Commerce applied partial [adverse facts available] to the U.S. sales 

of shooting nails supplied by Jining Dragon. As partial [adverse facts available], 

Commerce applied the highest transaction-specific assessment rate calculated for 

[Shandong] to the entries associated with these shooting nails. 

 

Remand Results 4. There being no further dispute in this matter, each of the parties now asks the 

court to sustain the Remand Results. 

 Upon consideration of the Remand Results, the parties’ submissions, and the papers and 

proceedings had herein, it is hereby 

 ORDERED that the Remand Results are sustained. 

 

 /s/ Richard K. Eaton 

 Richard K. Eaton, Judge 

Dated: October 18, 2019 

 New York, New York