24462 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices 

1See Certain Steel Nails from the People’s 

Republic of China: Final Results and Final 

Rescission of the Second Antidumping Duty 

Administrative Review, 77 FR 12556 (March 1, 

2012) and accompanying Issues and Decision 

Memorandum (‘‘Final Results’’). 

2Certified Products International Inc., Chiieh 

Yungs Metal Ind. Corp., Huanghua Jinhai Hardware 

Products Co., Ltd., Tianjin Jinghai County Hongli 

Industry & Business Co., Ltd. (‘‘Hongli’’), Tianjin 

Jinchi Metal Products Co., Ltd. (‘‘Jinchi’’), 

Shangdong Dinglong Import & Export Co., Ltd., 

Tianjin Zhonglian Metals Ware Co., Ltd., Hengshui 

Mingyao Hardware & Mesh Products Co., Ltd., 

Huanghua Xionghua Hardware Products, 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. (collectively ‘‘IBP et al.’’). 

3The Stanley Works (Langfang) Fastening 

Systems Co., Ltd. and Stanley Black & Decker, Inc./ 

Stanley Fastening Systems, LP (collectively 

‘‘Stanley’’). 

4Mid Continent Nail Corporation. 

above 0.50 percent). Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

assessment rate is de minimis (i.e., less 

than 0.50 percent). 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 duties, where 

applicable. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment 

Policy Notice). This clarification will 

apply to entries of subject merchandise 

during the POR produced by the 

company included in these final results 

of review for which the reviewed 

company did not know that the 

merchandise it sold to the intermediary 

(e.g., a reseller, trading company, or 

exporter) was destined for the United 

States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all-others rate effective 

during the POR if there is no rate for the 

intermediary involved in the 

transaction. See Assessment Policy 

Notice for a full discussion of this 

clarification. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for the company 

listed above will be that established in 

the final results of this review, except if 

the rate is less than 0.50 percent and, 

therefore, de minimis within the 

meaning of 19 CFR 351.106(c)(1), in 

which case the cash deposit rate will be 

zero; (2) for previously reviewed or 

investigated companies not 

participating in this review, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review, a 

previous review, or the original lessthan-fair-value (LTFV) investigation, but 

the manufacturer is, the cash deposit 

rate will be the rate established for the 

most recent period for the manufacturer 

of the merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 23.21 

percent, the all-others rate made 

effective by the LTFV investigation. See 

Citric Acid and Certain Citrate Salts 

from Canada and the People’s Republic 

of China: Antidumping Duty Orders, 74 

FR 25703 (May 29, 2009). These deposit 

requirements shall remain in effect until 

further notice. 

Notification to Importers 

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 review period. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This administrative review and notice 

are published in accordance with 

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

Act and 19 CFR 351.221. 

Dated: April 17, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–9826 Filed 4–23–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–909] 

Certain Steel Nails From the People’s 

Republic of China: Amended Final 

Results of the Second Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: April 24, 2012. 

FOR FURTHER INFORMATION CONTACT: 

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) 482–4532. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 1, 2012, the Department of 

Commerce (‘‘Department’’) published 

the final 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 On March 

5, 2012, certain mandatory and separate 

rate respondents, as well as Itochu 

Building Products Co., Inc. (‘‘IBP’’),2

and Stanley 3 filed timely allegations 

that the Department made ministerial 

errors in the Final Results and 

requested, pursuant to 19 CFR 351.224, 

that the Department correct the alleged 

ministerial errors. On March 12, 2012, 

Petitioner 4 submitted comments 

rebutting the errors alleged by IBP et al. 

and Stanley. No other party in this 

proceeding submitted comments on the 

Department’s final margin calculations. 

Scope of the Order 

The merchandise covered by the 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), 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices 24463 

5See Memorandum to Gary Taverman, from 

James C. Doyle, regarding ‘‘Second Antidumping 

Duty Administrative Review of Certain Steel Nails 

from the People’s Republic of China: Ministerial 

Error Allegations Memorandum,’’ dated 

concurrently with this notice (‘‘Ministerial Error 

Memorandum’’). 

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 

the order 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 the 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 the 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) Noncollated (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 the 

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 the 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 the order are 

thumb tacks, which are currently 

classified under HTSUS 7317.00.10.00. 

Also excluded from the scope of the 

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 the 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 

the order is dispositive. 

Amended Final Results of the Review 

The Tariff Act of 1930, as amended 

(‘‘Act’’), defines a ‘‘ministerial error’’ as 

including ‘‘errors in addition, 

subtraction, or other arithmetic 

function, clerical errors resulting from 

inaccurate copying, duplication, or the 

like, and any other type of unintentional 

error which the administering authority 

considers ministerial.’’ See section 

751(h) of the Act; see also 19 CFR 

351.224(e). As explained in the 

memorandum accompanying this 

notice,5 we do not find that any of the 

errors alleged by IBP et al. or Stanley are 

ministerial errors within the meaning of 

section 751(h) of the Act and 19 CFR 

351.224(e). However, in the course of 

analyzing IBP et al.’s allegations of 

ministerial errors, the Department found 

that it inadvertently miscalculated 

Jinchi’s importer-specific assessments 

rates, even though no party had 

commented on this fact. Therefore, in 

accordance with section 751(h) of the 

Act, we have determined that we made 

a ministerial error in our calculation of 

Jinchi’s importer-specific assessment 

rates for the Final Results. We note that 

correcting this error does not change 

any of the weighted-average margins 

from the Final Results. For a detailed 

discussion of this ministerial error, as 

well as the Department’s analysis of the 

allegations of ministerial errors, see the 

Ministerial Error Memorandum. 

Disclosure 

We will disclose the calculations 

performed for these amended final 

results within five days of the date of 

publication of this notice to interested 

parties in accordance with 19 CFR 

351.224(b). 

Amended Final Results of the Review 

The weighted-average dumping 

margins for the period of review are as 

follows: 

Exporter 

Weighted 

average 

margin 

(percent) 

(1) The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc./Stanley Fastening Systems, LP 3.80

(2) Tianjin Jinghai County Hongli Industry & Business Co ..................................................................................................................... 47.76 

(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., Ltd .................................................................................................................. 19.30 

(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 

mstockstill on DSK4VPTVN1PROD with NOTICES

24464 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices 

6These 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. 

Exporter 

Weighted 

average 

margin 

(percent) 

(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 Corporation ....................................................................................................................... 19.30 

(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.6

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 

amended 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 

by the total entered values associated 

with those transactions. For dutyassessment 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 

amended final results of review. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the amended 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 amended 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 nonPRC 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. 

These amended final results are 

published in accordance with sections 

751(h) and 777(i)(1) of the Act. 

Dated: April 18, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–9827 Filed 4–23–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–943] 

Oil Country Tubular Goods From the 

People’s Republic of China: Extension 

of Time for the Preliminary Results of 

the Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: April 24, 2012. 

FOR FURTHER INFORMATION CONTACT: Paul 

Stolz or Eve Wang, AD/CVD Operations, 

Office 8, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–4474 or (202) 482–6231, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 28, 2011, the Department of 

Commerce (‘‘the Department’’) 

mstockstill on DSK4VPTVN1PROD with NOTICES