[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43813-43814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15623]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-113]
Certain Collated Steel Staples From the People's Republic of
China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (Commerce) and the International Trade
Commission (ITC), Commerce is issuing its countervailing duty order on
certain collated steel staples (collated staples) from the People's
Republic of China (China).
DATES: Applicable July 20, 2020.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Joshua Simonidis, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone (202) 482-9068 or (202) 482-
0608, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2020, Commerce published its Final Determination in the
countervailing duty investigation of collated staples from China.\1\ On
July 13, 2020, the ITC notified Commerce of its final affirmative
determination pursuant to sections 705(b)(1)(A)(i) and 705(d) of the
Tariff Act of 1930, as amended (the Act) that an industry in the United
States is materially injured by reason of subsidized imports of
collated staples from China, and of its determination that critical
circumstances do not exist with respect to imports of collated staples
from China.\2\
---------------------------------------------------------------------------
\1\ See Certain Collated Steel Staples from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, 85 FR 33626 (June 2, 2020) (Final Determination), and
accompanying Issues and Decision Memorandum.
\2\ See ITC Notification Letter, Investigation Nos. 701-TA-626
and 731-TA-1452 (July 13, 2020).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is collated staples from China.
For a complete description of the scope of this order, see the appendix
to this notice.
Countervailing Duty Order
On July 13, 2020, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final determination
in this investigation, in which it found that an industry in the United
States is materially injured by reason of subsidized imports of
collated staples from China.\3\ In accordance with section 705(c)(2) of
the Act, we are publishing this countervailing duty order.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of collated staples from China entered, or withdrawn from
[[Page 43814]]
warehouse, for consumption on or after November 12, 2019, the date on
which Commerce published its preliminary countervailing duty
determination in the Federal Register,\4\ and before March 11, 2020,
the effective date on which Commerce instructed CBP to discontinue the
suspension of liquidation, in accordance with section 703(d) of the
Act. Section 703(d) of the Act states that the suspension of
liquidation pursuant to an affirmative preliminary determination may
not remain in effect for more than four months. Therefore, entries of
collated staples from China made on or after March 11, 2020, and prior
to the date of publication of the ITC's final determination in the
Federal Register, are not subject to the assessment of countervailing
duties due to Commerce's discontinuation of the suspension of
liquidation.
---------------------------------------------------------------------------
\4\ See Certain Collated Steel Staples from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination with Final
Antidumping Duty Determination, 84 FR 61021 (November 12, 2019)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of collated staples from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of collated staples from China, entered or withdrawn from
warehouse, for consumption on or after August 14, 2019 (i.e., 90 days
prior to the date of publication of the Preliminary Determination), but
before November 12, 2019 (i.e., the date of the publication of the
Preliminary Determination for this investigation).
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of collated staples from
China, effective the date of publication of the ITC's notice of final
determination in the Federal Register, and to assess, upon further
instruction by Commerce pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise. On or after the date of publication of the ITC's final
injury determination in the Federal Register, CBP must require, at the
same time as importers would deposit estimated normal customs duties on
this merchandise, a cash deposit equal to the subsidy rates noted
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Zhejiang Best Nail Industrial Co., Ltd.................. 12.32
Hai Sheng Xin Group Co., Ltd............................ 192.64
Ningbo Deli Stationery.................................. 192.64
All Others.............................................. 12.32
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination on November 12,
2019.\5\ Therefore, entries of collated staples from China made on or
after March 11, 2020, and prior to the date of publication of the ITC's
final determination in the Federal Register, are not subject to the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
---------------------------------------------------------------------------
\5\ See Preliminary Determination.
---------------------------------------------------------------------------
In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of
collated staples from China entered, or withdrawn from warehouse, for
consumption on or after March 11, 2020, the date on which the
provisional countervailing duty measures expired, through the day
preceding the date of publication of the ITC final injury determination
in the Federal Register. Suspension of liquidation will resume on the
date of publication of the ITC final injury determination in the
Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to collated staples from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: July 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by the scope of the order is certain
collated steel staples. Certain collated steel staples subject to
this order are made from steel wire having a nominal diameter from
0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length
from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width
from 0.187 inch to 1.125 inch, inclusive. Certain collated steel
staples may be manufactured from any type of steel, and are included
in the scope of the order regardless of whether they are uncoated or
coated, and regardless of the type or number of coatings, including
but not limited to coatings to inhibit corrosion.
Certain collated steel staples may be collated using any
material or combination of materials, including but not limited to
adhesive, glue, and adhesive film or adhesive or paper tape.
Certain collated steel staples are generally made to American
Society for Testing and Materials (ASTM) specification ASTM F1667-
18a, but can also be made to other specifications.
Excluded from the scope of the order are any carton-closing
staples covered by the scope of the existing antidumping duty order
on Carton-Closing Staples from the People's Republic of China. See
Carton-Closing Staples from the People's Republic of China:
Antidumping Duty Order, 83 FR 20792 (May 8, 2018).
Also excluded are collated fasteners commonly referred to as
``C-ring hog rings'' and ``D-ring hog rings'' produced from
stainless or carbon steel wire having a nominal diameter of 0.050 to
0.081 inches, inclusive. C-ring hog rings are fasteners whose legs
are not perpendicular to the crown, but are curved inward resulting
in the fastener forming the shape of the letter ``C.'' D-ring hog
rings are fasteners whose legs are straight but not perpendicular to
the crown, instead intersecting with the crown at an angle ranging
from 30 degrees to 75 degrees. The hog rings subject to the
exclusion are collated using glue, adhesive, or tape. The hog rings
subject to this exclusion have either a 90 degree blunt point or 15-
75 degree divergent point.
Certain collated steel staples subject to the order are
currently classifiable under subheading 8305.20.0000 of the
Harmonized Tariff Schedule of the United States (HTSUS). While the
HTSUS subheading and ASTM specification are provided for convenience
and for customs purposes, the written description of the subject
merchandise is dispositive.
[FR Doc. 2020-15623 Filed 7-17-20; 8:45 am]
BILLING CODE 3510-DS-P