[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24462-24464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9827]


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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.
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    \1\ See 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'').
    \2\ Certified 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.'').
    \3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker, Inc./Stanley Fastening Systems, LP 
(collectively ``Stanley'').
    \4\ Mid Continent Nail Corporation.
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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),

[[Page 24463]]

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) 
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 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.
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    \5\ See 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'').
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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:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
(1) The Stanley Works (Langfang) Fastening Systems Co.,             3.80
 Ltd. and Stanley Black & Decker, Inc./Stanley Fastening
 Systems, LP...............................................
(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

[[Page 24464]]

 
(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\
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    \6\ 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.
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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 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 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 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 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.
    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