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Certain Steel Nails from the People’S Republic of China: Final Results of Antidumping

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Certain Steel Nails from the People’S Republic of China: Final Results of Antidumping This document is scheduled to be published in the Federal Register on 06/24/2021 and available online at federalregister.gov/d/2021-13381, and on govinfo.govBILLING CODE: 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain steel nails (nails) from the People’s Republic of China (China) were sold in the United States at less than normal value (NV) during the period of review (POR) August 1, 2018, through July 31, 2019. DATES: Applicable [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482- 7425. SUPPLEMENTARY INFORMATION: Background On December 21, 2020, Commerce published the Preliminary Results.1 In December 2020 and January 2021, Commerce received comments on the Preliminary Results from Paslode Fasteners (Shanghai) Co., Ltd. (Paslode), a subsidiary of US producer Illinois Tool Works, Inc. (ITW)2 and various separate rate companies and companies that claimed that they 1 See Certain Steel Nails from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2018-2019, 85 FR 83054 (December 21, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Paslode’s Letter, “Certain Steel Nails from China; 11th Administrative Review; Letter Regarding Improper Inclusion of Paslode in Review,” dated December 24, 2020. had no shipments of subject merchandise during the POR.3 On January 21, 2021, Mid Continent Steel & Wire, Inc. (the petitioner)4 and Tianjin Zhonglian Metals Ware Co., Ltd. (Zhonglian)5 timely filed case briefs. On January 28, 2021, the petitioner,6 Paslode,7 and Zhonglian8 timely filed rebuttal briefs, and Pioneer et al., submitted comments.9 On April 8, 2021, Commerce extended the deadline for the final results by 179 days after the date of publication of the preliminary results, until June 18, 2021. Scope of the Order The products covered by the order are nails from China. For a complete description of the scope of this order, see the Issues and Decision Memorandum.10 3 See Jinghai et al.’s Letter, “Case Brief of Certain Chinese Respondents: Administrative Review of the Antidumping Order on Certain Steel Nails from the People's Republic of China,” dated January 20, 2021 (providing comments on behalf of various separate rate and no shipment companies: Tianjin Jinghai County Hongli Industry & Business Co., Ltd. (a.k.a. Tianjin Jinghai County Hongli Industry and Business Co., Ltd.); Tianjin Jinchi Metal Products Co., Ltd.; Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai Yueda Nails Co., Ltd.; and Shanxi Tianli Industries Co., Ltd. (collectively, Jinghai et al.)); see also Pioneer et al.’s Letter, “Steel Nails from the People’s Republic of China: Letter in Lieu of Case Brief,” dated January 21, 2021 (providing comments on behalf of various separate rate and no shipment companies: Shanxi Pioneer Hardware Industrial Co., Ltd.; SDC International Australia Pty. Ltd; S-Mart (Tianjin) Technology Development Co., Ltd.; and Shanxi Hairui Trade Co., Ltd. (collectively, Pioneer et al.)). 4 See Petitioner’s Letter, “Certain Steel Nails from the People’s Republic of China: Case Brief,” dated January 21, 2021. 5 See Zhonglian’s Letter, “Certain Steel Nails from the People’s Republic of China: Submission of Tianjin Zhonglian Metals Ware Co., Ltd.’s Administrative Case Brief,” dated January 21, 2021. 6 See Petitioner’s Letter, “Certain Steel Nails from the People’s Republic of China: Rebuttal Brief,” dated January 28, 2021. 7 See Paslode’s Letter, “Certain Steel Nails from China; 11th Administrative Review; Paslode Rebuttal Brief,” dated January 28, 2021. 8 See Zhonglian’s Letter, “Certain Steel Nails from the People’s Republic of China: Submission of Tianjin Zhonglian’s Rebuttal Case Brief,” dated January 28, 2021. 9 See Pioneer et al.’s Letter, “Steel Nails from the People’s Republic of China: Letter in Lieu of Rebuttal Brief,” dated January 28, 2021. 10 See Memorandum, “Certain Steel Nails from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2018-2019 Antidumping Duty Administrative Review,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs filed by interested parties in the Issues and Decision Memorandum. Attached to this notice, in Appendix I, is a list of the issues which parties raised. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, and for the reasons explained in the Issues and Decision Memorandum, we are revising the margin calculation for Zhonglian. Accordingly, for these final results, Commerce updated the rate assigned to the non-selected companies, which is based on the rate for Zhonglian. For a discussion of these changes, see the “Changes Since the Preliminary Results” section of the Issues and Decision Memorandum. Final Determination of No Shipments In the Preliminary Results, Commerce preliminarily found that ten companies had no shipments of subject merchandise during the POR: Dezhou Hualude Hardware Products Co., Ltd.; Hebei Minmetals Co., Ltd.; Nanjing Caiqing Hardware Co., Ltd.; Nanjing Yuechang Hardware Co., Ltd.; Shandong Qingyun Hongyi Hardware Products Co., Ltd.; Shanxi Hairu Trade Co., Ltd.; Shanxi Pioneer Hardware Industrial Co., Ltd.; Tag Fasteners Sdn. Bhd.; Tianjin Jinghai County Hongli Industry & Business Co., Ltd.; and Xi’an Metals & Minerals Import & Export Co., Ltd. Following the publication of the Preliminary Results, we received no comments from interested parties regarding these companies, and no party has submitted record evidence which would call our preliminary no-shipment finding into question. Therefore, for these final results, we continue to find that these ten companies had no shipments of subject merchandise during the POR. Consistent with our practice, we will issue appropriate instructions to U.S. Customs and Border Protection (CBP). Separate Rates In the Preliminary Results, we determined that nine companies, including the mandatory respondent, met the criteria for separate rate status. We have not received any information since the issuance of the Preliminary Results that provides a basis for reconsidering this preliminary determination. Therefore, Commerce continues to find that these companies are eligible for separate rates for the final results. Rate for Non-Selected Companies As noted above, for these final results, the dumping margin for Zhonglian, the sole mandatory respondent, has changed from the Preliminary Results. Accordingly, for the final results, we have assigned Zhonglian’s revised margin to the non-selected companies, in accordance with section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act). China-Wide Entity In the Preliminary Results, we found that 288 companies for which a review was requested had not established eligibility for a separate rate and, thus, we considered them to be part of the China-wide entity.11 With the exception discussed in the Issues and Decision Memorandum (related to Paslode Co., Ltd. and Paslode Fasteners Co., Ltd.),12 we have not received any information since the issuance of the Preliminary Results that provides a basis for reconsidering this preliminary determination. Therefore, Commerce continues to find that these companies are part of the China-wide entity.13 Final Results of Administrative Review The weighted-average dumping margins for the administrative review are as follows: 11 See Preliminary Results at Appendix II. 12 See Issues and Decision Memorandum at Comment 3. 13 See Appendix II. Exporter/Producer Weighted-Average Dumping Margin Tianjin Zhonglian Metals Ware Co., Ltd. 22.91 Review-Specific Average Rate Applicable to the Following Companies:14 Qingdao D&L Group Ltd. 22.91 SDC International Australia Pty. Ltd. 22.91 Shanghai Curvet Hardware Products Co., Ltd. 22.91 Shanghai Yueda Nails Industry Co., Ltd., a.k.a. Shanghai Yueda 22.91 Nails Co., Ltd Shanxi Tianli Industries Co., Ltd. 22.91 S-Mart (Tianjin) Technology Development Co., Ltd. 22.91 Suntec Industries Co., Ltd. 22.91 Tianjin Jinchi Metal Products Co., Ltd. 22.91 Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. Consistent with its recent notice,15 Commerce intends to issue appropriate 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). 14 This rate is the rate calculated for Zhonglian.
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