58242 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022). 

2See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Antidumping Duty 

Administrative Review,’’ dated March 29, 2023. 

3See Notice of Antidumping Duty Order: Certain 

Steel Nails from the People’s Republic of China, 73 

FR 44961 (August 1, 2008) (Order). 

4For a complete description of the scope of the 

Order, see Memorandum, ‘‘Decision Memorandum 

for the Preliminary Results of Antidumping Duty 

Administrative Review: Certain Steel Nails from the 

People’s Republic of China; 2021–2022,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

5The companies that we preliminarily determine 

had no shipments during the POR are: (1) Hebei 

Minmetals Co., Ltd.; (2) Nanjing Caiqing Hardware 

Co., Ltd.; (3) Nanjing Yuechang Hardware Co., Ltd.; 

(4) Shandong Qingyun Hongyi Hardware Products 

Co., Ltd.; (5) Shanxi Hairui Trade Co., Ltd.; (6) 

Suntec Industries Co., Ltd.; (7) Tianjin Jinchi Metal 

Products Co., Ltd.; and (8) Xi’an Metals & Minerals 

Import & Export Co., Ltd. 

(hereinafter collectively referred to as 

‘‘item’’) exported or to be exported from 

the United States that is subject to the 

EAR, or in any other activity subject to 

the EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR, or in any other 

activity subject to the EAR; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or in any 

other activity subject to the EAR. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of a Denied 

Person any item subject to the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a Denied Person of the ownership, 

possession, or control of any item 

subject to the EAR that has been or will 

be exported from the United States, 

including financing or other support 

activities related to a transaction 

whereby a Denied Person acquires or 

attempts to acquire such ownership, 

possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from a Denied Person of any 

item subject to the EAR that has been 

exported from the United States; 

D. Obtain from a Denied Person in the 

United States any item subject to the 

EAR with knowledge or reason to know 

that the item will be, or is intended to 

be, exported from the United States; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a Denied Person if such 

service involves the use of any item 

subject to the EAR that has been or will 

be exported from the United States. For 

purposes of this paragraph, servicing 

means installation, maintenance, repair, 

modification or testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to Ilya Balakaev 

and Radiotester OOO a/k/a Radiotester 

LLC by affiliation, ownership, control, 

or position of responsibility in the 

conduct of trade or related services may 

also be made subject to the provisions 

of this Order. 

In accordance with the provisions of 

section 766.24(e) of the EAR, Ilya 

Balakaev and Radiotester OOO a/k/a 

Radiotester LLC may, at any time, 

appeal this Order by filing a full written 

statement in support of the appeal with 

the Office of the Administrative Law 

Judge, U.S. Coast Guard ALJ Docketing 

Center, 40 South Gay Street, Baltimore, 

Maryland 21202–4022. 

In accordance with the provisions of 

section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. Respondents 

Ilya Balakaev and Radiotester OOO a/k/ 

a Radiotester LLC may oppose a request 

to renew this Order by filing a written 

submission with the Assistant Secretary 

for Export Enforcement, which must be 

received not later than seven days 

before the expiration date of the Order. 

A copy of this Order shall be served 

on each denied person and shall be 

published in the Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2023–18311 Filed 8–24–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–909] 

Certain Steel Nails From the People’s 

Republic of China: Preliminary Results 

of Antidumping Duty Administrative 

Review and Preliminary Determination 

of No Shipments; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that Shanghai Yueda Nails 

Co., Ltd., a.k.a. Shanghai Yueda Nails 

Industry Co., Ltd. (Shanghai Yueda), an 

exporter of certain steel nails from the 

People’s Republic of China (China), sold 

subject merchandise in the United 

States at prices below normal value 

(NV) during the period of review (POR) 

August 1, 2021, through July 31, 2022. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable August 25, 2023. 

FOR FURTHER INFORMATION CONTACT: Bob 

Palmer or Bill Horn, AD/CVD 

Operations, Office VIII, Enforcement 

and Compliance, International Trade 

Administration, Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–9068 or (202) 482–4868, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This administrative review is being 

conducted in accordance with section 

751(a) of the Tariff Act of 1930, as 

amended (the Act). Commerce 

published the notice of initiation of this 

administrative review on October 11, 

2022.1 On March 28, 2023, Commerce 

extended the preliminary results 

deadline until August 18, 2023.2

Scope of the Order 3

The products covered by the Order 

are nails from China. A full description 

of the scope of the Order is contained 

in the Preliminary Decision 

Memorandum.4

Preliminary Determination of No 

Shipments 

Based on our analysis of U.S. Customs 

and Border Protection (CBP) 

information, and the no shipment 

certifications submitted by eight 

companies,5 Commerce preliminarily 

determines that these companies had no 

shipments of subject merchandise 

during the POR. 

Consistent with our practice in nonmarket economy (NME) cases, we are 

not rescinding this review but instead 

intend to complete the review with 

respect to these eight companies for 

which we have preliminarily found no 

shipments and issue appropriate 


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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 58243 

6See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011) (NME 

Practice). 

7Because no interested party requested a review 

of the China-wide entity and Commerce no longer 

considers the China-wide entity as an exporter 

conditionally subject to administrative reviews, we 

did not conduct a review of the China-wide entity. 

Thus, the rate (i.e., 118.04 percent) for the Chinawide entity is not subject to change as a result of 

this review. 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, 65969–70 

(November 4, 2013). 8See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); 

see also 19 CFR 351.303 (for general filing 

requirements). 

9See 19 CFR 351.309(d); Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (Temporary Rule). 

10See 19 CFR 351.310(c). 

11See 19 CFR 351.310(d). 

12See 19 CFR 351.303. 

13See 19 CFR 351.303(f). 

14See Temporary Rule. 

15See 19 CFR 351.212(b)(1). 

16 In these preliminary results, Commerce 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, 77 FR 8101 

(February 14, 2012). 

instructions to CBP based on the final 

results of the review.6

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

of the Act. We calculated export prices 

in accordance with section 772 of the 

Act. Because China is an NME 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. A list of the 

topics discussed in the Preliminary 

Decision Memorandum is included as 

an Appendix to this notice. The 

Preliminary Decision Memorandum is a 

public document and is made available 

to the public via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum is available at 

https://access.trade.gov/public/

FRNoticesListLayout.aspx. 

Verification 

As provided in sections 782(i)(3)(A)– 

(B) of the Act, we intend to verify the 

information upon which we will rely in 

determining our final results of review 

with respect to the mandatory 

respondent, Shanghai Yueda. 

Preliminary Results of the Review 

Commerce preliminarily finds that 

two companies for which a review was 

requested, Dezhou Hualude Hardware 

Products Co., Ltd. and S-Mart (Tianjin) 

Technology Development Co., Ltd., did 

not establish eligibility for a separate 

rate because they failed to provide 

either a separate rate application, 

separate rate certification, or respond to 

section A of Commerce’s NME 

questionnaire. As such, we 

preliminarily determine that these two 

companies are part of the China-wide 

entity.7

As a result of our analysis of the 

information on the record, Commerce 

preliminarily determines the following 

estimated weighted-average dumping 

margin exists for the POR: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent ad 

valorem) 

Shanghai Yueda Nails Co., 

Ltd., a.k.a. Shanghai 

Yueda Nails Industry Co., 

Ltd ..................................... 20.49 

Disclosure and Public Comment 

Commerce intends to disclose the 

calculations performed for these 

preliminary results to the parties no 

later than five days after the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). 

Because, as noted above, Commerce 

intends to verify the information upon 

which it will rely in making its final 

determination, interested parties may 

submit written comments in the form of 

case briefs within seven days after the 

issuance of the verification report and 

rebuttal comments in the form of 

rebuttal briefs within seven days after 

the time limit for filing case briefs.8

Parties who submit case briefs or 

rebuttal briefs in this proceeding 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. Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed no later than 

seven days after the case briefs are 

filed.9

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance within 30 days of the 

date of publication of this notice. 

Requests should contain: (1) the party’s 

name, address, and telephone number; 

(2) the number of participants and 

whether any of those individuals is a 

foreign national; and (3) a list of issues 

parties intend to discuss. Issues raised 

in the hearing will be limited to those 

raised in the respective case and 

rebuttal briefs.10 If a request for a 

hearing is made, Commerce intends to 

hold the hearing at a date and time to 

be determined.11 Parties should confirm 

by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

All submissions to Commerce must be 

filed electronically using ACCESS 12

and must also be served on interested 

parties.13 An electronically filed 

document must be received successfully 

in its entirety by ACCESS, by 5 p.m. 

Eastern Time (ET) on the date that the 

document is due. Note that Commerce 

has temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.14

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in any briefs, 

within 120 days of the date of 

publication of these preliminary results, 

pursuant to section 751(a)(3)(A) of the 

Act, unless this deadline is extended. 

Assessment Rates 

Upon issuance of the final results, 

Commerce will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review.15 Commerce intends to issue 

assessment instructions to CBP 35 days 

after the publication date 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). 

If Shanghai Yueda’s ad valorem 

weighted-average dumping margin is 

not zero or de minimis (i.e., less than 

0.50 percent) in the final results of this 

review, Commerce 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 and the total quantity of 

those sales, in accordance with 19 CFR 

351.212(b)(1).16 Commerce will also 

calculate estimated ad valorem 

importer-specific assessment rates with 

which to assess whether the per-unit 


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58244 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

17For calculated (estimated) ad valorem 

importer-specific assessment rates used in 

determining whether the per-unit assessment rate is 

de minimis, see Memorandum, ‘‘Preliminary 

Results Margin Calculation for Shanghai Yueda 

Nails Co., Ltd.,’’ dated concurrently with this 

notice, and accompanying Margin Calculation 

Program Logs and Outputs. 

18See 19 CFR 351.106(c)(2). 

19See NME Practice for a full discussion. 

20 Id. 

1See Light-Walled Rectangular Pipe and Tube 

from the People’s Republic of China: Preliminary 

Results of the Antidumping Duty Administrative 

Review; 2021–2022, 88 FR 27444 (May 2, 2023) 

(Preliminary Results). 

2See Light-Walled Rectangular Pipe and Tube 

from Mexico, the People’s Republic of China, and 

the Republic of Korea: Antidumping Duty Orders; 

Light-Walled Rectangular Pipe and Tube from the 

assessment rate is de minimis.17 We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review when the importerspecific ad valorem assessment rate 

calculated in the final results of this 

review is not zero or de minimis. Where 

Shanghai Yueda’s ad valorem weightedaverage dumping margin is zero or de 

minimis, or an importer-specific ad 

valorem assessment rate is zero or de 

minimis,18 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

For the final results, if we continue to 

treat the two companies, identified 

above, as part of the China-wide entity, 

we will instruct CBP to apply an ad 

valorem assessment rate of 118.04 

percent to all entries of subject 

merchandise during the POR which was 

exported by those companies. 

For entries that were not reported in 

the U.S. sales data submitted by 

Shanghai Yueda, Commerce will 

instruct CBP to liquidate such entries at 

the rate for the China-wide entity.19

Additionally, if Commerce determines 

that an exporter under review had no 

shipments of the 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 rate for the Chinawide entity.20

In accordance with section 

751(a)(2)(C) of the Act, the final results 

of this review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by the 

final results of this review and for future 

deposits of estimated antidumping 

duties, as applicable. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

the subject merchandise from China 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) for Shanghai 

Yueda, the cash deposit rate will be 

equal to the weighted-average dumping 

margin established in the final results of 

this review (except that if the ad 

valorem rate is de minimis, then the 

cash deposit rate will be zero); (2) for 

previously investigated or reviewed 

Chinese and non-Chinese exporters not 

listed above that have separate rates, the 

cash deposit rate will continue to be the 

existing exporter-specific cash deposit 

rate; (3) for all Chinese exporters of 

subject merchandise that have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be the rate for 

the China-wide entity; and (4) for all 

non-Chinese exporters of subject 

merchandise which have not received 

their own separate rate, the cash deposit 

rate will be the rate applicable to the 

Chinese exporter that supplied that nonChinese exporter. These cash 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 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 double 

antidumping duties. 

Notification to Interested Parties 

This administrative review and notice 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act, 19 CFR 351.213, and 19 CFR 

351.221(b)(4). 

Dated: August 18, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Preliminary Determination of No 

Shipments 

V. Discussion of the Methodology 

VI. Recommendation 

[FR Doc. 2023–18314 Filed 8–24–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–914] 

Light-Walled Rectangular Pipe and 

Tube From the People’s Republic of 

China: Final Results of the 

Antidumping Duty Administrative 

Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) continues to 

find that Hangzhou Ailong Metal 

Product Co., Ltd. (Ailong), the sole 

company subject to the administrative 

review of the antidumping duty order 

on light-walled rectangular pipe and 

tube from the People’s Republic of 

China (China) covering the period of 

review (POR) August 1, 2021, through 

July 31, 2022, is not eligible for a 

separate rate and, thus, is part of the 

China-wide entity. 

DATES: Applicable August 25, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Bailey, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0193. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 2, 2023, Commerce published 

the preliminary results for this 

administrative review.1 We invited 

interested parties to comment on the 

Preliminary Results. No interested 

parties submitted comments. 

Accordingly, Commerce has made no 

changes to the Preliminary Results. 

Because Commerce received no 

comments on the Preliminary Results, 

we have not modified our analysis and 

no decision memorandum accompanies 

this Federal Register notice. We are 

adopting the Preliminary Results as the 

final results of this review. Commerce 

conducted this administrative review in 

accordance with section 751(a) of the 

Tariff Act of 1930, as amended (the Act). 

Scope of the Order 2

The merchandise subject to this Order 

is certain welded carbon quality lightVerDate Sep<11>2014 18:23 Aug 24, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\25AUN1.SGM 25AUN1

ddrumheller on DSK120RN23PROD with NOTICES1