[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Notices]
[Pages 23279-23281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10083]
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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 First Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 26, 2011.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew Renkey,
AD/CVD Operations, Office 9, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0219 or (202)
482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 23, 2011, the Department of Commerce (``Department'')
published the final results of the first administrative review of the
antidumping duty order on certain steel nails (``steel nails'') from
the People's Republic of China (``PRC'').\1\ Also on March 23, 2011,
respondent Stanley \2\ filed a timely allegation that the Department
made two ministerial errors in the Final Results and requested,
pursuant to 19 CFR 351.224, that the Department correct the alleged
ministerial errors. On March 28, 2011, Petitioner \3\ submitted
comments rebutting one of the errors alleged by Stanley. No other party
in this proceeding submitted comments on the Department's final margin
calculations. Based upon our analysis of the comments and allegations
of ministerial errors, we have made changes to the margin calculations
for Stanley, which in turn will also affect the margin for the
separate-rate companies, as it was the only individually-reviewed
respondent to receive a calculated rate.\4\
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\1\ See Certain Steel Nails From the People's Republic of China:
Final Results of the First Antidumping Duty Administrative Review,
76 FR 16379 (March 23, 2011) (``Final Results'').
\2\ The Stanley Works (Langfang) Fastening Systems Co., Ltd.,
the Stanley Works/Stanley Fastening Systems LP, and an unaffiliated
wire drawing subcontractor are collectively referred to as
``Stanley'' in this administrative review.
\3\ Mid Continent Nail Corporation.
\4\ See Final Results, 76 FR at 16381-16382.
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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), 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
this proceeding 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 this proceeding 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 this proceeding are 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 of this proceeding 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 this
proceeding are fasteners suitable
[[Page 23280]]
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 this proceeding are thumb tacks, which are
currently classified under HTSUS 7317.00.10.00. Also excluded from the
scope of this proceeding 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 this
proceeding 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 this
proceeding 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). After analyzing
Stanley's comments and Petitioner's rebuttal comments, we have
determined that we made certain ministerial errors, as defined by
section 751(h) of the Act, in our calculations for the Final Results.
First, we agree with Stanley that we made a ministerial error in
the calculation of the surrogate financial ratios of Nasco Steel Pvt.,
Ltd. (``Nasco''), which were used in Stanley's margin calculation.
Specifically, the Department inadvertently used the column for total
depreciation from Schedule 4 of the financial statement, when we
instead intended to use the column for depreciation during the fiscal
year. Additionally, when reviewing the financial ratio calculations for
Nasco to correct the above error, we also noted another inadvertent
error in the calculation for the net change in inventory. Lastly, we
disagree with Stanley's second ministerial error allegation, regarding
whether net U.S. prices and normal value were calculated on the same
weight basis. The Department's selection of denominators represents an
intentional methodological choice consistent with the scope of the
order and does not constitute a ministerial error within the context of
section 751(h) of the Act or 19 CFR 351.224(f). For a detailed
discussion of these ministerial errors, as well as the Department's
analysis of these errors, see Memorandum to James C. Doyle, from
Matthew Renkey, regarding ``First Antidumping Duty Administrative
Review of Certain Steel Nails from the People's Republic of China:
Ministerial Error Memorandum,'' dated concurrently with this notice.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of certain steel nails from the PRC. Listed below are the
revised weighted average dumping margins for these amended final
results:
------------------------------------------------------------------------
Weighted
average
Exporter margin
(percent)
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1) Stanley................................................. 10.63
2) Aironware (Shanghai) Co., Ltd........................... 10.63
3) Chiieh Yung Metal Ind. Corp............................. 10.63
4) China Staple Enterprise (Tianjin) Co., Ltd.............. 10.63
5) Dezhou Hualude Hardware Products Co., Ltd............... 10.63
6) Faithful Engineering Products Co., Ltd.................. 10.63
7) Hengshui Mingyao Hardware & Mesh Products Co., Ltd...... 10.63
8) Huanghua Jinhai Hardware Products Co., Ltd.............. 10.63
9) Huanghua Xionghua Hardware Products Co., Ltd............ 10.63
10) Jisco Corporation...................................... 10.63
11) Koram Panagene Co., Ltd................................ 10.63
12) Nanjing Yuechang Hardware Co., Ltd..................... 10.63
13) Qidong Liang Chyuan Metal Industry Co., Ltd............ 10.63
14) Qingdao D & L Group Ltd................................ 10.63
15) Romp (Tianjin) Hardware Co., Ltd....................... 10.63
16) Shandong Dinglong Import & Export Co., Ltd............. 10.63
17) Shanghai Jade Shuttle Hardware Tools Co., Ltd.......... 10.63
18) Shouguang Meiqing Nail Industry Co., Ltd............... 10.63
19) Tianjin Jinchi Metal Products Co., Ltd................. 10.63
20) Tianjin Jinghai County Hongli Industry & Business Co., 10.63
Ltd.......................................................
21) Tianjin Zhonglian Metals Ware Co., Ltd................. 10.63
22) Wintime Import & Export Corporation Limited of 10.63
Zhongshan.................................................
23) Zhejiang Gem-Chun Hardware Accessory Co., Ltd.......... 10.63
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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).
Assessment Rates
Upon issuance of the amended final results, the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the amended final results of review, excluding any
reported sales that entered during the gap period.\5\ Pursuant to 19
CFR 351.212(b)(1), we will calculate importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. In accordance with 19
CFR 351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the
period of review for which the importer-specific assessment rate is
zero or de minimis. For the companies receiving a separate rate that
were not selected for individual review, we will calculate an
assessment rate based on the simple average of the cash deposit rates
calculated for the companies selected for individual review pursuant to
section 735(c)(5)(B) of the Act.
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\5\ The gap period represents the period of time after the
expiration of the 180-day provisional measures period during the
original investigation, to the day prior to the U.S. International
Trade Commission's final determination. In the instant case, the gap
period is July 22, 2008, to July 24, 2008.
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Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made on or after March 23, 2011, the date
of publication of the Final Results, for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided for by section 751(a)(2)(C) of
the Act: (1) For the exporters listed above, the cash deposit rate will
be established in the amended final results of this review (except, if
the rate is zero or de minimis, i.e., less than 0.5 percent, no cash
deposit will be required for that company); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have
[[Page 23281]]
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, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10083 Filed 4-25-11; 8:45 am]
BILLING CODE 3510-DS-P