[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Notices]
[Pages 30590-30593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12077]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Preliminary Determination of No 
Shipments in the Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Create Trading Co., Ltd. (Create Trading), the sole company under 
review, made no shipments of certain steel nails from Taiwan during the 
period of review (POR), July 1, 2019, to June 30, 2020. We invite 
interested parties to comment on this preliminary determination of no 
shipments.

DATES: Applicable June 9, 2021.

FOR FURTHER INFORMATION CONTACT: Suzanne Lam, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0783.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2020, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on certain steel nails from Taiwan.\1\ Based on 
timely requests for administrative review,\2\ on September 3, 2020, 
Commerce published the notice of initiation for an administrative 
review, covering 141 companies, in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.221(c)(1)(i).\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 85 FR 39531 (July 1, 2020).
    \2\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated July 31, 2020; see also Letter, ``Administrative 
Review Request,'' dated July 31, 2020, collectively from: Liang 
Chyuan Industrial Co., Ltd., Romp Coil Nail Industries Inc., UJL 
Industries Co., Ltd., Hor Liang Industrial Corp., Yu Chi Hardware 
Co., Ltd., Trim International Inc., China Staple Enterprise 
Corporation, Hoyi Plus Co., Ltd., and Zon Mon Co., Ltd.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation 
Notice).
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    On September 21, 2020, the petitioner timely withdrew its request 
for administrative review of all companies it originally requested, 
except for one

[[Page 30591]]

company, Create Trading.\4\ Subsequently, the nine Taiwanese companies 
that had self-requested an administrative review, also withdrew their 
requests for review.\5\ Accordingly, on October 15, 2020,\6\ and 
December 10, 2020,\7\ pursuant to 19 CFR 351.213(d)(1), Commerce 
rescinded the administrative review, in part, of all companies under 
review except for Create Trading. The review remains active only with 
respect to Create Trading, which filed a statement of no sales.\8\
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    \4\ See Petitioner's Letter, ``Withdrawal of Request for 
Administrative Reviews,'' dated September 21, 2020.
    \5\ See Letter, ``Withdrawal of Administrative Review Request,'' 
dated November 30, 2020, collectively from: Liang Chyuan Industrial 
Co., Ltd., Romp Coil Nail Industries Inc., UJL Industries Co., Ltd., 
Hor Liang Industrial Corp., Yu Chi Hardware Co., Ltd., Trim 
International Inc., China Staple Enterprise Corporation, Hoyi Plus 
Co., Ltd., and Zon Mon Co., Ltd.
    \6\ See Certain Steel Nails From Taiwan: Partial Rescission of 
Antidumping Duty Administrative Review; 2019-2020 , 85 FR 65366 
(October 15, 2020).
    \7\ See Certain Steel Nails from Taiwan: Partial Rescission of 
Antidumping Duty Administrative Review; 2019-2020, 85 FR 79470 
(December 10, 2020).
    \8\ See Create Trading's Letter, ``Statement of No Sales to the 
United States,'' dated September 21, 2020 (Statement of No Sales). 
Specifically, Create Trading certified that all of its exports of 
subject merchandise were produced by unaffiliated producers that had 
knowledge of final destination to the United States at the time of 
sale to Create Trading, and thus, Create Trading claims it has no 
reviewable sales for this POR.
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    On November 23, 2020, the petitioner submitted comments regarding 
Create Trading's statement of no sales.\9\ At Commerce's request, U.S. 
Customs and Border Protection (CBP) provided entry documents associated 
with Create Trading's claim.\10\ Subsequently, on March 5, 2021, 
Commerce requested additional information from Create Trading regarding 
the CBP entry documents vis-a-vis its statement of no sales.\11\ On 
March 19, 2021, Create Trading responded to Commerce's request for 
information,\12\ and on April 5, 2021, the petitioner submitted 
comments regarding Create Trading's response.\13\
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    \9\ See Petitioner's Letter, ``Comments on Create Trading Co., 
Ltd.'s Statement of No Sales to the United States,'' dated November 
23, 2020.
    \10\ See Memorandum, ``Create Trading Co., Ltd.--Placement of 
Entry Documentation on the Record,'' dated May 6, 2021.
    \11\ See Commerce's Letter, ``Request for Information,'' dated 
March 5, 2021.
    \12\ See Create Trading's Letter, ``Response to Request for 
Information,'' dated March 19, 2021.
    \13\ See Petitioner's Letter, ``Comments on Create Trading Co., 
Ltd.'s Response to Request for Information,'' dated April 2, 2021.
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Scope of the Order <SUP>14</SUP>
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    \14\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
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    The merchandise covered by this order is certain steel nails from 
Taiwan. The certain steel nails subject to the order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain 
steel nails subject to this order also may be classified under HTSUS 
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. 
Although the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description, available in the Appendix to 
this notice, remains dispositive.

Preliminary Determination of No Shipments

    Create Trading reported that it had no reviewable sales during the 
POR because its unaffiliated producers had knowledge of the final 
destination of the subject merchandise that they produced and sold to 
Create Trading, and which Create Trading resold to U.S. customers 
during the POR. Create Trading provided sales documentation, such as 
invoices and packing lists from its unaffiliated producers, as well as 
accounting records as evidence in support of its claim.\15\ Based on 
the information provided by Create Trading, which we find is supported 
by entry documents provided by CBP, we preliminarily determine that 
Create Trading was not the first party in the transaction chain to have 
knowledge that the merchandise was destined for the United States, and, 
thus, Create Trading is not considered the exporter of subject 
merchandise during the POR for purposes of this review. Specifically, 
the record demonstrates that Create Trading's unaffiliated suppliers 
had knowledge that the steel nails they produced and sold to Create 
Trading were destined for the United States. Thus, we preliminarily 
determine that Create Trading had no shipments during the POR.
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    \15\ See Create Trading's Statement of No Sales.
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    Commerce finds that, based on the clarification in the 2003 
Assessment of Antidumping Duties notice regarding the reseller policy, 
we will not rescind the review in these circumstances but, rather, 
complete the review with respect to Create Trading and issue 
appropriate instructions to CBP after the completion of the review.\16\ 
Specifically, we find it appropriate in this case to instruct CBP at 
the completion of the review to liquidate any existing entries of 
subject merchandise produced by Create Trading's unaffiliated producers 
and exported by Create Trading at the rate applicable to the 
unaffiliated producers, which, as discussed below, in this case is the 
all-others rate.\17\
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003) 
(Assessment of Antidumping Duties).
    \17\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Partial Rescission of Antidumping Duty Administrative Review, 73 FR 
77610, 77612 (December 19, 2008) (Shrimp from India); Certain Pasta 
from Turkey: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 76 FR 23974, 23977 (April 29, 2011), 
unchanged in Pasta From Turkey: Notice of Final Results of the 14th 
Antidumping Duty Administrative Review, 76 FR 68399 (November 4, 
2011).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\18\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the time limit for filing case briefs.\19\ 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.\20\ Case and 
rebuttal briefs must be filed electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) and must also be served on interested parties.
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    \18\ See 19 CFR 351.309(c)(1)(ii).
    \19\ See 19 CFR 351.309(d)(1).
    \20\ See 19 CFR 351.309(c)(2) and (d)(2); see also Temporary 
Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension 
of Effective Period, 85 FR 41363 (July 10, 2020).
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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, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\21\ Hearing requests should 
contain: (1) The

[[Page 30592]]

party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined.\22\
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    \21\ See 19 CFR 351.310(c).
    \22\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, no later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\23\
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    \23\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\24\
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    \24\ See 19 CFR 351.212(b).
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    As discussed above, we preliminarily determine that Create Trading 
was not the first party in the transaction chain to have knowledge that 
the merchandise was destined for the United States, and thus Create 
Trading is not considered the exporter of subject merchandise during 
the POR for purposes of this review. Consistent with the 2003 
Assessment of Antidumping Duties notice and reseller policy, we find it 
appropriate in this case to instruct CBP to liquidate any existing 
entries of merchandise produced by Create Trading's unaffiliated 
producers and exported by Create Trading at the rate applicable to the 
producer(s).\25\ Because none of the producers have their own rates, we 
will instruct CBP to liquidate entries at the all-others rate from the 
investigation, as revised, of 2.16 percent,\26\ in accordance with the 
reseller policy.
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    \25\ See, e.g., Shrimp from India, 73 FR at 77612; Pasta From 
Turkey, 76 FR at 68400.
    \26\ The all-others rate from the underlying investigation was 
revised in Certain Steel Nails from Taiwan: Notice of Court Decision 
Not in Harmony with Final Determination in Less than Fair Value 
Investigation and Notice of Amended Final Determination, 82 FR 
55090, 55091 (November 20, 2017) (Amended LTFV Final).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication 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).

Cash Deposit Requirements

    The following cash deposit requirements will be in effect 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) For merchandise exported by manufacturers 
or exporters not covered in this review but covered in a prior segment 
of the proceeding, the cash deposit rate will continue to be the 
company-specific rate published for the most recently-completed 
segment; (2) if the exporter is not a firm covered in a prior review, 
or the original investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment for the manufacturer of the merchandise; and (3) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 2.16 percent, the all-others cash deposit rate 
established in the Amended LTFV Final.\27\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \27\ Id.
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Notification to Importers

    This notice also serves as a preliminary 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and sections 19 CFR 
351.213(h)(1) and 351.221(b)(4).

    Dated: June 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order is certain steel nails 
having a nominal shaft length not exceeding 12 inches.\28\ Certain 
steel nails include, but are not limited to, nails made from round 
wire and nails that are cut from flat-rolled steel. 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 may have any type of surface finish, head type, shank, point 
type and shaft diameter. Finishes include, but are not limited to, 
coating in vinyl, zinc (galvanized, including but not limited to 
electroplating or hot dipping one or more times), phosphate, cement, 
and paint. Certain steel nails may have one or more surface 
finishes. 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.
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    \28\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
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    Screw-threaded nails subject to this proceeding are driven using 
direct force and not by turning the nail using a tool that engages 
with the head. Point styles include, but are not limited to, 
diamond, needle, chisel and blunt or no point. Certain steel nails 
may be sold in bulk, or they may be collated in any manner using any 
material.
    Excluded from the scope of this order are certain steel nails 
packaged in combination with one or more non-subject articles, if 
the total number of nails of all types, in aggregate regardless of 
size, is less than 25. If packaged in combination with one or more 
non-subject articles, certain steel nails remain subject merchandise 
if the total number of nails of all types, in aggregate regardless 
of size, is equal to or greater than 25, unless otherwise excluded 
based on the other exclusions below.
    Also, excluded from the scope are certain steel nails with a 
nominal shaft length of one inch or less that are (a) a component of 
an unassembled article, (b) the total number of nails is sixty (60) 
or less, and (c) the imported unassembled article falls into one of 
the following eight groupings: (1) Builders' joinery and carpentry 
of wood that are classifiable as windows, French windows and their 
frames; (2) builders' joinery and carpentry of wood that are 
classifiable as doors and their frames and thresholds; (3) swivel 
seats with variable height adjustment; (4) seats that are 
convertible into beds (with the exception of those classifiable as 
garden seats or camping equipment); (5) seats of cane, osier, bamboo 
or similar materials; (6) other seats with wooden frames (with the 
exception of seats of a kind used for aircraft or motor vehicles); 
(7) furniture (other than seats) of wood (with the exception of (i) 
medical, surgical, dental or veterinary furniture; and (ii) barbers' 
chairs and similar chairs, having rotating as well as both reclining 
and elevating movements); or (8) furniture (other than seats) of 
materials other than wood, metal, or plastics (e.g., furniture of 
cane, osier, bamboo or similar materials). The aforementioned 
imported unassembled articles are currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 
9403.89.
    Also, excluded from the scope of this order are steel nails that 
meet the specifications of

[[Page 30593]]

Type I, Style 20 nails as identified in Tables 29 through 33 of ASTM 
Standard FI667 (2013 revision).
    Also, excluded from the scope of this order are nails suitable 
for use in powder-actuated hand tools, whether or not threaded, 
which are currently classified under HTSUS subheadings 7317.00.20.00 
and 7317.00.30.00.
    Also, excluded from the scope of this order are nails having a 
case hardness greater than or equal to 50 on the Rockwell Hardness C 
scale (HRC), a carbon content greater than or equal to 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.
    Also, excluded from the scope of this order are corrugated 
nails. A corrugated nail is made up of a small strip of corrugated 
steel with sharp points on one side.
    Also, excluded from the scope of this order are thumb tacks, 
which are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to this order are currently 
classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 
7317.00.75.00. Certain steel nails subject to this order also may be 
classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or 
other HTSUS subheadings. While the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this order is dispositive.

[FR Doc. 2021-12077 Filed 6-8-21; 8:45 am]
BILLING CODE 3510-DS-P