National Nail Corp. v. United States

Slip Op. 19–133
UNITED STATES COURT OF INTERNATIONAL TRADE
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:
NATIONAL NAIL CORP., 	:
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Plaintiff, 	:
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and 	:
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SHANDONG ORIENTAL CHERRY 	: 	Before: Richard K. Eaton, Judge
HARDWARE GROUP CO., LTD., 	:
: 	Consol. Court No. 16-00052
Consolidated Plaintiff , 	:
:
v. 	:
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UNITED STATES, 	:
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Defendant. 	:
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JUDGMENT
Before the court is the United States Department of Commerce’s (“Commerce”) second
remand redetermination (“Remand Results”), ECF No. 87-1, issued pursuant to the court’s order
in National Nail Corp. v. United States, 43 CIT __, Slip Op. 19-71 (June 12, 2019) (“National Nail
II”). Also before the court are the comments of Plaintiff National Nail Corp., ECF No. 89, and
Consolidated Plaintiff Shandong Oriental Cherry Hardware Group Co., Ltd. (“Shandong”), ECF
No. 91, and the United States’ response to those comments, ECF No. 90.
In National Nail II, the court directed Commerce to calculate a separate rate for Shandong
in accordance with its instructions. The court ordered:
(a) with respect to Shandong’s factors of production, Commerce shall use the
information Shandong reported (i) on a CONNUM-specific basis, and (ii) on a
production-group basis, to determine normal value; (b) with respect to Shandong’s
U.S. sales information, Commerce shall use the information Shandong provided,
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including but not limited to sales data for November and December 2014 and the
narrative explanation Shandong provided to tie its sales reconciliation and
supporting documentation to its financial statements, in making its comparison of
normal value and the price at which the subject merchandise was sold in the United
States. With respect to Shandong’s unexplained revisions to the August and
December 2013 sales quantities, Commerce shall conduct its analysis in accordance
with this opinion; and (c) with respect to [Shandong’s affiliate,] Jining Dragon’s
shooting nails, Commerce shall use facts available in filling in missing necessary
information, and may draw an adverse inference with respect to information
regarding the period of review sales of shooting nails; however, Commerce may
not use the deficiencies in Jining Dragon’s shooting nails information as a basis for
using total adverse facts available.
National Nail II at 48. In the Remand Results, Commerce calculated a rate of 61.05 percent for
Shandong, in compliance with the court’s order. Remand Results at 5. Commerce stated:
In accordance with the Second Remand Order, and under respectful protest, for
these final results of redetermination, Commerce calculated a rate for [Shandong]
using the [factors of production] and U.S. sales information it submitted in the
underlying review. Commerce also valued [Shandong]’s [factors of production],
movement expenses, and financial ratios using surrogate values from the record
information in the underlying review. In addition, and consistent with the Second
Remand Order, Commerce applied partial [adverse facts available] to the U.S. sales
of shooting nails supplied by Jining Dragon. As partial [adverse facts available],
Commerce applied the highest transaction-specific assessment rate calculated for
[Shandong] to the entries associated with these shooting nails.
Remand Results 4. There being no further dispute in this matter, each of the parties now asks the
court to sustain the Remand Results.
Upon consideration of the Remand Results, the parties’ submissions, and the papers and
proceedings had herein, it is hereby
ORDERED that the Remand Results are sustained.
/s/ Richard K. Eaton
Richard K. Eaton, Judge
Dated: October 18, 2019
New York, New York
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