[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12556-12559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4877]



[[Page 12556]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Final 
Results and Final Partial Rescission of the Second Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 12, 2011, the Department of Commerce 
(``Department'') published the preliminary results of the second 
administrative review of the antidumping duty order on certain steel 
nails (``steel nails'') from the People's Republic of China 
(``PRC'').\1\ We gave interested parties an opportunity to comment on 
the Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
the final results of this review. The final weighted-average margins 
are listed below in the ``Final Results of the Review'' section of this 
notice. The period of review (``POR'') is August 1, 2009, through July 
31, 2010.
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    \1\ See Certain Steel Nails From the People's Republic of China: 
Preliminary Results and Preliminary Rescission, in Part, of the 
Antidumping Duty Administrative Review and Preliminary Intent To 
Rescind New Shipper Review, 76 FR 56147 (September 12, 2011) 
(``Preliminary Results'').

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DATES: Effective Date: March 1, 2012.

FOR FURTHER INFORMATION CONTACT: Alexis Polovina, Javier Barrientos, or 
Ricardo Martinez Rivera, AD/CVD Operations, Office 9, Import 
Administration, International Trade Administration, Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3927, (202) 482-2243, or (202) 482-4532, 
respectively.

Case History

    On September 12, 2011, the Department published in the Federal 
Register the Preliminary Results. Thereafter, on September 12, and 14, 
2011, we issued questionnaires directly to unaffiliated suppliers in 
order to obtain certain factors of production (``FOP'') data. Between 
October 11, 2011, and November 9, 2011, we received case and rebuttal 
briefs from the petitioner,\2\ the mandatory respondents,\3\ and other 
interested parties \4\ in this administrative review. On December 5, 
2011, the Department rescinded the new shipper review aligned with this 
administrative review.\5\ Between January 12, 2012, and February 1, 
2012, counsel for certain interested parties met with Department 
officials to discuss issues raised in their case and rebuttal 
briefs.\6\ On December 7, 2011, the Department extended the final 
results to February 9, 2012.\7\ On February 7, 2012, the Department 
extended the final results to February 23, 2012.\8\
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    \2\ Mid Continent Nail Corporation (``Petitioner'').
    \3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. 
(``Stanley (Langfang)'') and Stanley Black & Decker, Inc. (``The 
Stanley Works'')/Stanley Fastening Systems, LP (collectively 
``Stanley''); Tianjin Jinchi Metal Products Co., Ltd. (``Jinchi''); 
and Tianjin Jinghai County Hongli Industry & Business Co. 
(``Hongli'').
    \4\ Zhejiang Gem-Chun Hardware Accessory Co., Ltd. Additionally, 
the following companies filed combined case briefs with two of the 
mandatory respondents, Jinchi and Hongli: Itochu Building Products 
Co., Inc., Certified Products International Inc., Chiieh Yungs Metal 
Ind. Corp., Huanghua Jinhai Hardware Products Co., Ltd., Co., Ltd., 
Shangdong Dinglong Import & Export Co., Ltd., Tianjin Zhonglian 
Metals Ware Co., Ltd., Hengshui Mingyao Hardware & Mesh Products 
Co., Ltd., Huanghua Xionghua Hardware Products Co., Ltd., Shanghai 
Jade Shuttle Hardware Tools Co., Ltd., Shanghai Yueda Nails Industry 
Co., Ltd., Shanxi Tianli Industries Co., Ltd., China Staple 
Enterprise (Tianjin) Co., Ltd., Qidong Liang Chyuan Metal Industry 
Co., Ltd., Romp (Tianjin) Hardware Co., Ltd., CYM (Nanjing) Ningquan 
Nail Manufacture Co., Ltd. a.k.a. CYM (Nanjing), Nail Manufacture 
Co., Ltd., Shanxi Pioneer Hardware Industrial Co., Ltd. and 
Mingguang Abundant Hardware Productions Co., Ltd.
    \5\ See Certain Steel Nails from the People's Republic of China: 
Final Rescission of Antidumping Duty New Shipper Review, 76 FR 75871 
(December 5, 2011).
    \6\ See Memorandum to the File, From Alexis Polovina, Senior 
Case Analyst, 2nd Administrative Review of Certain Steel Nails from 
the People's Republic of China: Ex Parte Meeting with Counsel to 
Petitioner, dated January 13, 2012; Memorandum to the File, From 
Alexis Polovina, Senior Case Analyst, 2nd Administrative Review of 
Certain Steel Nails from the People's Republic of China: Meeting 
with Counsel, dated January 17, 2012; Memorandum to the File, From 
Alexis Polovina, Senior case Analyst, 2nd Administrative Review of 
Certain Steel Nails form the People's Republic of China: Ex Parte 
Meeting with Counsel to Respondent, dated January 20, 2012; and 
Memorandum to the File, From Alexis Polovina, Senior Case Analyst, 
2nd Administrative Review of Certain Steel Nails from the People's 
Republic of China: Ex Parte Meeting with Interested Parties, dated 
February 6, 2012.
    \7\ See Certain Steel Nails From the People's Republic of China: 
Extension of Time Limit for the Final Results of the Second 
Antidumping Duty Administrative Review 76 FR 77205 (December 7, 
2011).
    \8\ See Certain Steel Nails From the People's Republic of China: 
Extension of Time Limit for the Final Results of the Second 
Antidumping Duty Administrative Review, 77 FR 8808 (February 15, 
2012).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the ``Certain Steel Nails from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Second Antidumping Duty Administrative Review,'' dated concurrently 
with this notice (``Issues and Decision Memorandum''), which is hereby 
adopted by this notice. A list of the issues which parties raised is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendation in this public memorandum which is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Services System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records Unit 
(``CRU'') of the main Commerce Building, Room 7046. In addition, a 
complete version of the Issues and Decision Memorandum is accessible on 
the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Final Partial Rescission of Administrative Review

    In the Preliminary Results, the Department announced its intent to 
rescind the review with respect to certain companies \9\ that certified 
they made no shipments of subject merchandise during the POR.\10\ For 
the final results, we continue to find that these companies did not 
make shipments during the POR. Thus, in accordance with 19 CFR 
351.213(d)(3), and consistent with our practice,\11\ we are rescinding 
this review with respect to these companies.
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    \9\ Those companies are: (1) Beijing Hongsheng Metal Co., Ltd.; 
(2) Besco Machinery Industry (Zhejiang) Co., Ltd.; (3) Certified 
Products International Inc. (``CPI''); (4) Chiieh Yung Metal Ind. 
Corp.; (5) China Staple Enterprise (Tianjin) Co., Ltd.; (6) CYM 
(Nanjing) Nail Manufacture Co., Ltd.; (7) Jining Huarong Hardware 
Products Co., Ltd.; (8) Nanjing Yuechang Hardware Products Co., 
Ltd.; (9) PT Enterprise Inc.; (10) Qidong Liang Chyuan Metal 
Industry Co., Ltd.; (11) Shanghai Tengyu Hardware Tools Co., Ltd.; 
(12) Shanxi Yuci Broad Wire Products Co., Ltd.; and (13) Zhejiang 
Gem-Chun Hardware Accessory Co., Ltd.; (collectively, the ``No 
Shipment Respondents'').
    \10\ See Preliminary Results, 75 FR at 56071-56072; see also 
Memorandum to James C. Doyle, Office 9 Director, through Alex 
Villanueva, Office 9 Program Manager, from Matthew Renkey, Senior 
Case Analyst and Emeka Chukwudebe, Case Analyst, First Antidumping 
Duty Administrative Review of Certain Steel Nails from the Peoples' 
Republic of China (``PRC''): Partial Rescission of the First 
Antidumping Duty Administrative Review, dated September 7, 2010.
    \11\ See, e.g., Certain Frozen Fish Fillets From the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review and Partial Rescission, 73 FR 15479, 15480 
(March 24, 2008).
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Changes Since the Preliminary Results

    Based on a review of the record, as well as comments received from 
parties

[[Page 12557]]

regarding our Preliminary Results, we have made certain changes to the 
margin calculations. Specifically, we have applied partial adverse 
facts available (``AFA'') to one respondent, Jinchi, as well as changed 
several surrogate values used in the Preliminary Results. For all 
changes to the calculations, see the Issues and Decision Memorandum and 
company-specific analysis memoranda. For changes to the surrogate 
values, see ``Memorandum to the File, through Matthew Renkey, Acting 
Program Manager, AC/CVD Operations, Office 9, from Ricardo Martinez, 
case analyst, AD/CVD Operations, Office 9, Second Antidumping Duty 
Administrative Review of Certain Steel Nails from the People's Republic 
of China: Surrogate Values for the Final Results,'' dated concurrently 
with this notice.

Scope of the Order

    The merchandise covered by this order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails include, but 
are not limited to, nails made of round wire and nails that are cut. 
Certain steel nails may be of one piece construction or constructed of 
two or more pieces. Certain steel nails may be produced from any type 
of steel, and have a variety of finishes, heads, shanks, point types, 
shaft lengths and shaft diameters. Finishes include, but are not 
limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot dipping one or more times), phosphate cement, and 
paint. Head styles include, but are not limited to, flat, projection, 
cupped, oval, brad, headless, double, countersunk, and sinker. Shank 
styles include, but are not limited to, smooth, barbed, screw threaded, 
ring shank and fluted shank styles. Screw-threaded nails subject to 
this proceeding are driven using direct force and not by turning the 
fastener using a tool that engages with the head. Point styles include, 
but are not limited to, diamond, blunt, needle, chisel and no point. 
Finished nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire. Certain steel 
nails subject to this order are currently classified under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 
7317.00.55, 7317.00.65 and 7317.00.75.
    Excluded from the scope of this order are steel roofing nails of 
all lengths and diameter, whether collated or in bulk, and whether or 
not galvanized. Steel roofing nails are specifically enumerated and 
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 
nails. Also excluded from the scope are the following steel nails: (1) 
Non-collated (i.e., hand-driven or bulk), two-piece steel nails having 
plastic or steel washers (caps) already assembled to the nail, having a 
bright or galvanized finish, a ring, fluted or spiral shank, an actual 
length of 0.500'' to 8'', inclusive; and an actual shank diameter of 
0.1015'' to 0.166'', inclusive; and an actual washer or cap diameter of 
0.900'' to 1.10'', inclusive; (2) Non-collated (i.e., hand-driven or 
bulk), steel nails having a bright or galvanized finish, a smooth, 
barbed or ringed shank, an actual length of 0.500'' to 4'', inclusive; 
an actual shank diameter of 0.1015'' to 0.166'', inclusive; and an 
actual head diameter of 0.3375'' to 0.500'', inclusive; (3) Wire 
collated steel nails, in coils, having a galvanized finish, a smooth, 
barbed or ringed shank, an actual length of 0.500'' to 1.75'', 
inclusive; an actual shank diameter of 0.116'' to 0.166'', inclusive; 
and an actual head diameter of 0.3375'' to 0.500'', inclusive; and (4) 
Non-collated (i.e., hand-driven or bulk), steel nails having a convex 
head (commonly known as an umbrella head), a smooth or spiral shank, a 
galvanized finish, an actual length of 1.75'' to 3'', inclusive; an 
actual shank diameter of 0.131'' to 0.152'', inclusive; and an actual 
head diameter of 0.450'' to 0.813'', inclusive.
    Also excluded from the scope of this order are corrugated nails. A 
corrugated nail is made of a small strip of corrugated steel with sharp 
points on one side. Also excluded from the scope of this order are 
fasteners suitable for use in powder-actuated hand tools, not threaded 
and threaded, which are currently classified under HTSUS 7317.00.20 and 
7317.00.30. Also excluded from the scope of this order are thumb tacks, 
which are currently classified under HTSUS 7317.00.10.00.
    Also excluded from the scope of this order are certain brads and 
finish nails that are equal to or less than 0.0720 inches in shank 
diameter, round or rectangular in cross section, between 0.375 inches 
and 2.5 inches in length, and that are collated with adhesive or 
polyester film tape backed with a heat seal adhesive. Also excluded 
from the scope of this order are fasteners having a case hardness 
greater than or equal to 50 HRC, a carbon content greater than or equal 
to 0.5 percent, a round head, a secondary reduced-diameter raised head 
section, a centered shank, and a smooth symmetrical point, suitable for 
use in gas-actuated hand tools. While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.

Non-Market Economy Treatment

    The Department considers the PRC to be a non-market economy 
(``NME'') country.\12\ In accordance with section 771(18)(C)(i) of the 
Tariff Act of 1930, as amended (``Act''), any determination that a 
foreign country is an NME country shall remain in effect until revoked 
by the administering authority. No party has challenged the designation 
of the PRC as an NME country in this review. Therefore, the Department 
continues to treat the PRC as an NME country for purposes of these 
final results.
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    \12\ See, e.g., Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination: Coated Free 
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760 
(June 4, 2007), unchanged in Final Determination of Sales at Less 
Than Fair Value: Coated Free Sheet Paper from the People's Republic 
of China, 72 FR 60632 (October 25, 2007).
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Surrogate Country

    In the Preliminary Results, the Department stated that it selected 
India as the appropriate surrogate country to use in this 
administrative review for the following reasons: (1) It is a 
significant producer of comparable merchandise; (2) it is at a 
comparable level of economic development pursuant to section 773(c)(4) 
of the Act; and (3) the Department has reliable data from India that it 
can use to value the factors of production. As no party submitted 
additional comments challenging our selection of the primary surrogate 
country, we are continuing to use India as the surrogate country for 
the final results of this administrative review.

Separate Rates

    In proceedings involving NME countries, the Department holds a 
rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assessed a single 
antidumping duty rate. It is the Department's policy to assign all 
exporters of subject merchandise in an NME country this single rate 
unless an exporter can demonstrate that it is sufficiently independent 
so as to be entitled to a separate rate.\13\
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    \13\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Sparklers from the People's Republic of China, 56 FR 
20588 (May 6, 1991), as further developed in Notice of Final 
Determination of Sales at Less Than Fair Value: Silicon Carbide from 
the People's Republic of China, 59 FR 22585 (May 2, 1994).
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    In the Preliminary Results, we determined that in addition to the 
mandatory respondents, the Separate Rate Applicants \14\ also met the 
criteria

[[Page 12558]]

for separate-rate status. No party challenged these preliminary 
separate rate findings, we therefore continue to find that mandatory 
respondents and Separate Rate Applicants met the criteria for separate 
rate status. The margin assigned to the Separate Rate Applicants is 
based on the estimated weighted-average antidumping margins established 
for exporters and producers individually investigated, excluding zero 
and de minimis margins or margins based entirely on AFA.\15\
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    \14\ These companies include: (1) Dezhou Hualude Hardware 
Products Co., Ltd.; (2) Hengshui Mingyao Hardware & Mesh Products 
Co., Ltd.; (3) Huanghua Jinhai Hardware Products Co., Ltd.; (4) 
Huanghua Xionghua Hardware Products Co., Ltd.; (5) Koram Panagene 
Co., Ltd.; (6) Qingdao D & L Group Ltd.; (7) Romp (Tianjin) Hardware 
Co., Ltd.; (8) Shandong Dinglong Import & Export Co., Ltd.; (9) 
Shanghai Curvet Hardware Products Co., Ltd.; (10) Shanghai Jade 
Shuttle Hardware Tools Co., Ltd.; (11) Shanghai Yueda Nails Industry 
Co., Ltd.; (12) Shanxi Tianli Industries Co., Ltd.; (13) Tianjin 
Lianda Group Co., Ltd.; (14) Tianjin Universal Machinery Imp & Exp 
Corporation; and (15) Tianjin Zhonglian Metals Ware Co., Ltd., 
(collectively, ``Separate Rate Applicants'').
    \15\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 52273, 52275 
(September 9, 2008) and accompanying Issues and Decision Memorandum 
at Comment 6.
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PRC-Wide Rate and PRC-Wide Entity

    In the Preliminary Results, because reviews were requested for 
several companies that failed to demonstrate that they operate free of 
government control, the Department determined that these companies were 
part of the PRC-wide entity. In the most recently completed review, we 
assigned a rate of 118.04 percent to the PRC-wide entity. Since the 
Preliminary Results, none of the companies that did not file separate 
rate applications or certifications submitted comments regarding these 
findings of government control. Therefore, we are assigning these 
companies the PRC-wide rate of 118.04 percent assigned to the PRC-wide 
entity in the most recently completed administrative review of this 
antidumping order.\16\ The Department is applying a single antidumping 
rate, i.e., the PRC-wide rate of 118.04 percent, to all other exporters 
of subject merchandise from the PRC because only the mandatory 
respondents and Separate-Rate Applicants have overcome that presumption 
that they are not part of the PRC-wide entity. The PRC-wide rate 
applies to all entries of the merchandise under consideration, except 
for those from companies which have received a separate rate.
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    \16\ See Certain Steel Nails From the People's Republic of 
China: Final Results of the First Antidumping Administrative Review, 
76 FR 16379, 16382 (March 23, 2011).
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Final Results of the Review

    The weighted-average dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                                       Weighted average
                      Exporter                         margin (percent)
------------------------------------------------------------------------
(1) The Stanley Works (Langfang) Fastening Systems                  3.80
 Co., Ltd. and Stanley Black & Decker, Inc./Stanley
 Fastening Systems, LP..............................
(2) Tianjin Jinghai County Hongli Industry &                       47.76
 Business Co........................................
(3) Tianjin Jinchi Metal Products Co., Ltd..........               78.27
(4) Dezhou Hualude Hardware Products Co., Ltd.......               19.30
(5) Hengshui Mingyao Hardware & Mesh Products Co.,                 19.30
 Ltd................................................
(6) Huanghua Jinhai Hardware Products Co., Ltd......               19.30
(7) Huanghua Xionghua Hardware Products Co., Ltd....               19.30
(8) Koram Panagene Co., Ltd.........................               19.30
(9) Qingdao D & L Group Ltd.Co., Ltd................               19.30
(10) Romp (Tianjin) Hardware Co., Ltd...............               19.30
(11) Shandong Dinglong Import & Export Co., Ltd.....               19.30
(12) Shanghai Curvet Hardware Products Co., Ltd.....               19.30
(13) Shanghai Jade Shuttle Hardware Tools Co., Ltd..               19.30
(14) Shanghai Yueda Nails Industry Co., Ltd.........               19.30
(15) Shanxi Tianli Industries Co., Ltd..............               19.30
(16) Tianjin Lianda Group Co., Ltd..................               19.30
(17) Tianjin Universal Machinery Imp & Exp                         19.30
 Corporation........................................
(18) Tianjin Zhonglian Metals Ware Co., Ltd.........               19.30
(19) PRC-wide Entity................................              118.04
------------------------------------------------------------------------

    Those companies not eligible for a separate rate will be considered 
part of the PRC-wide entity: <SUP>17 18</SUP>
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    \17\ These companies include: (1) Aironware (Shanghai) Co., 
Ltd.; (2) Beijing Daruixing Global Trading Co., Ltd.; (3) Beijing 
Daruixing Nail Products Co., Ltd.; (4) Beijing Hong Sheng Metal 
Products Co., Ltd.; (5) Beijing Tri-Metal Co., Ltd.; (6) China Silk 
Trading & Logistics Co., Ltd.; (7) Chongqing Hybest Tools Group Co., 
Ltd.; (8) Faithful Engineering Products Co., Ltd.; (9) Handuk 
Industrial Co., Ltd.; (10) Hong Kong Yu Xi Co., Ltd.; (11) Huanghua 
Huarong Hardware Products Co., Ltd.; (12) Jinding Metal Products 
Ltd.; (13) Kyung Dong Corp.; (14) Nanjing Dayu Pneumatic Gun Nails 
Co., Ltd.; (15) Rizhao Handuck Fasteners Co., Ltd.; (16) Senco-
Xingya Metal Products (Taicang) Co., Ltd.; (17) Shandong Minmetals 
Co., Ltd.; (18) Shanghai Chengkai Hardware Product Co., Ltd.; (19) 
Shanghai Seti Enterprise International Co., Ltd.; (20) Shanxi Tianli 
Enterprise Co., Ltd.; (21) Shouguang Meiqing Nail Industry Co., 
Ltd.; (22) Sinochem Tianjin Imp & Exp Shenzhen Corp.; (23) Superior 
International Australia Pty Ltd.; (24) Suzhou Xingya Nail Co., Ltd.; 
(25) Tianjin Jurun Metal Products Co., Ltd.; (26) Wintime Import & 
Export Corporation Limited of Zhongshan; (27) Wuxi Qiangye Metalwork 
Production Co., Ltd.; (28) Xuzhou CIP International Group Co., Ltd.; 
(29) Yitian Nanjing Hardware Co., Ltd.; and (30) Zhongshan Junlong 
Nail Manufactures Co., Ltd.
    \18\ In the Preliminary Results, the Department also identified 
four companies with the above group: Cana (Tianjin) Hardware Ind., 
Co., Ltd.; Huanghua Jinhai Metal Products Co., Ltd.; Qingdao Jisco 
Co., Ltd., and Tianjin Baisheng Metal Products Co., Ltd. However, 
the review was rescinded for these four companies. These four 
companies do not have separate rates. See Certain Steel Nails from 
the Peoples' Republic of China: Notice of Extension of Time Limits 
and Partial Rescission of the Second Antidumping Duty Administrative 
Review, 76 FR 23788 (April 28, 2011). Therefore, the Department 
intends to issue liquidation instructions for the PRC-wide entity 15 
days after publication of the final results of this review. Id.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party

[[Page 12559]]

by the total entered values associated with those transactions. For 
duty-assessment rates calculated on this basis, we will direct CBP to 
assess the resulting ad valorem rate against the entered customs values 
for the subject merchandise. Where appropriate, we calculated a per-
unit rate for each importer (or customer) by dividing the total dumping 
margins for reviewed sales to that party by the total sales quantity 
associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting 
per-unit rate against the entered quantity of the subject merchandise. 
Where an importer (or customer)-specific assessment rate is de minimis 
(i.e., less than 0.50 percent), the Department will instruct CBP to 
assess that importer (or customer's) entries of subject merchandise 
without regard to antidumping duties, in accordance with 19 CFR 
351.106(c)(2). The Department intends to issue assessment instructions 
to CBP 15 days after the date of publication of these final results of 
review.

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 the subject merchandise from the PRC 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 Stanley, Hongli, 
Jinchi, and the Separate Rate Applicants, the cash deposit rate will be 
their respective rates established in the final results of this review, 
except if the rate is zero or de minimis no cash deposit will be 
required; (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all PRC exporters of subject merchandise 
which have not been found to be entitled to a separate rate, the cash 
deposit rate will be the PRC-wide rate of 118.04 percent; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporters that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Reimbursement of Duties

    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 the Department's presumption that 
reimbursement of antidumping duties has 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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 which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: February 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--Issues and Decision Memorandum

General Issues

Comment 1: Zeroing
Comment 2: Surrogate Financial Ratios
Comment 3: Wire Rod Surrogate Value
Comment 4: Cash Deposit and Liquidation Instructions

Company-Specific Issues

Stanley

Comment 5: Application of Partial FA or Partial AFA
Comment 6: Stanley's Surrogate Values
    A. Copper Plated Steel Welding Wire
    B. Sodium Sulfate
    C. Glass Balls
    D. Plastic Film
    E. Plastic Strapping
Comment 7: Foreign Inland Freight

Hongli

Comment 8: Application of Partial FA or Partial AFA
Comment 9: Steel Plate Surrogate Value
Comment 10: Shrink Wrap Surrogate Value
Comment 11: Pallet Surrogate Value

Jinchi

Comment 12: Application of Partial FA or Partial AFA
Comment 13: Saw Dust
Comment 14: Sigma Cap Distances

Gem-Chun

Comment 15: No Shipments

[FR Doc. 2012-4877 Filed 2-29-12; 8:45 am]
BILLING CODE 3510-DS-P