[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61132-61133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24835]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails from the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 4, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on certain steel nails (``steel nails'') from the People's
Republic of China (``PRC''), received on August 27, 2010, meets the
statutory and regulatory requirements for initiation. The period of
review (``POR'') for this NSR is August 1, 2009, through July 31, 2010.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: 202-482-0219.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on certain steel
nails from the PRC was published in the Federal Register on August 1,
2008. See Notice of Antidumping Duty Order: Certain Steel Nails From
the People's Republic of China, 73 FR 44961 (August 1, 2008)
(``Antidumping Duty Order''). On August 27, 2010, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``Act''), and 19
CFR 351.214(c), the Department received a NSR request from Shanghai
Colour Nail Co., Ltd. (``Shanghai Colour''). Shanghai Colour's request
was properly made during August 2010, which is the annual anniversary
of the Antidumping Duty Order. Shanghai Colour certified that it is the
exporter and Wuxi Colour Nail Co., Ltd. (``Wuxi Colour'') is the
manufacturer of the subject merchandise upon which the request was
based. Shanghai Colour also submitted a public version, which
adequately summarized proprietary information and provided explanations
as to why certain proprietary information is not capable of
summarization.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(ii), Shanghai Colour certified that it did not export
steel nails to the United States during the period of investigation
(``POI''); and Shanghai Colour provided a certification from Wuxi
Colour that it did not export subject merchandise to the United States
during the POI. In addition, pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A), Shanghai Colour certified
that, since the initiation of the investigation, it has never been
affiliated with any Chinese exporter or producer who exported steel
nails to the United States during the POI, including those not
individually examined during the investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), Shanghai Colour also certified that its export
activities were not controlled by the central government of the PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Shanghai Colour submitted documentation
establishing the following: (1) the date on which Shanghai Colour first
shipped steel nails for export to the United States and the date on
which the steel nails were first entered, or withdrawn from warehouse,
for consumption; (2) the volume of its first shipment; and (3) the date
of its first sale to an unaffiliated customer in the United States.
The Department conducted U.S. Customs and Border Protection
(``CBP'') database queries in an attempt to confirm that Shanghai
Colour's shipments of subject merchandise had entered the United States
for consumption and that liquidation of such entries had been properly
suspended for antidumping duties. The Department also examined whether
the CBP data confirmed that such entries were made during the NSR POR.
The information we examined was
[[Page 61133]]
consistent with that provided by Shanghai Colour.
Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a new
shipper review initiated in the month immediately following the
anniversary month will be the twelve-month period immediately preceding
the anniversary month. Therefore, under this order, the POR is August
1, 2009, through July 31, 2010. The sales and entries into the United
States of subject merchandise exported by Shanghai Colour and produced
by Wuxi Colour occurred during this twelve-month POR. Therefore, the
POR for this new shipper is August 1, 2009, through July 31, 2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214, the
Department finds that Shanghai Colour meets the threshold requirements
for initiation of a NSR for the shipment of steel nails from the PRC
produced by Wuxi Colour and exported by Shanghai Colour. See
``Memorandum to the File From Emeka Chukwudebe, Case Analyst, New
Shipper Initiation Checklist: Certain Steel Nails from the People's
Republic of China (A-570-909),'' dated concurrently with this notice.
The Department intends to issue the preliminary results of this NSR
no later than 180 days from the date of initiation, and the final
results no later than 90 days from the issuance of the preliminary
determination. See section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, we will
issue a questionnaire to Shanghai Colour which will include a section
requesting information with regard to Shanghai Colour's export
activities for separate rates purposes. The review will proceed if the
response provides sufficient indication that Shanghai Colour is not
subject to either de jure or de facto government control with respect
to its export of subject merchandise.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for each entry of the subject merchandise from
Shanghai Colour in accordance with section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e). Because Shanghai Colour certified that its
subject merchandise was produced by Wuxi Colour, we will apply the
bonding privilege to Shanghai Colour only for subject merchandise
produced by Wuxi Colour.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: September 28, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-24835 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-S