[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58242-58244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18314]


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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\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 29, 
2023.
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Scope of the Order <SUP>3</SUP>
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    \3\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(Order).
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    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\
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    \4\ For 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).
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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.
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    \5\ The 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.
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    Consistent with our practice in non-market 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

[[Page 58243]]

instructions to CBP based on the final results of the review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Practice).
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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\
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    \7\ Because 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 China-wide 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).
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    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:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                         margin (percent
                                                           ad valorem)
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Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda             20.49
 Nails Industry Co., Ltd...............................
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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\
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    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \9\ See 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).
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    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.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    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\
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    \12\ See 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule.
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    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).
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    \15\ See 19 CFR 351.212(b)(1).
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    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

[[Page 58244]]

assessment rate is de minimis.\17\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate calculated in the 
final results of this review is not zero or de minimis. Where Shanghai 
Yueda's ad valorem weighted-average 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.
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    \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).
    \17\ For 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.
    \18\ See 19 CFR 351.106(c)(2).
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    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 China-wide entity.\20\
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    \19\ See NME Practice for a full discussion.
    \20\ Id.
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    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 non-Chinese 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