[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2333]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1114 and 1115 (Final)]


Certain Steel Nails From China and the United Arab Emirates

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1114 and 1115 
(Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 
1673d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from China and the 
United Arab Emirates of certain steel nails, provided for in 
subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized 
Tariff Schedule of the United States (HTSUS).\1\
---------------------------------------------------------------------------

    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``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 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. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of these investigations is dispositive.''
---------------------------------------------------------------------------

    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: January 23, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187/[email protected]), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov). The public record 
for these investigations may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background. The final phase of these 
investigations is being scheduled as a result of affirmative 
preliminary determinations by the Department of Commerce that imports 
of certain steel nails from China and the United Arab Emirates are 
being sold in the United States at less than fair value within the 
meaning of section 733 of the Act (19 U.S.C. 1673b). These 
investigations were requested in a petition filed on May 29, 2007, by 
Davis Wire Corporation (Irwindale, CA), Gerdau Ameristeel Corporation 
(Tampa, FL), Maze Nails (Peru, IL), Mid Continent Nail Corporation 
(Poplar Bluff, MO), and Treasure Coast Fasteners, Incorporated (Fort 
Pierce, FL).
    Participation in the investigations and public service list. 
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's

[[Page 7591]]

rules, no later than 21 days prior to the hearing date specified in 
this notice. A party that filed a notice of appearance during the 
preliminary phase of the investigations need not file an additional 
notice of appearance during this final phase. The Secretary will 
maintain a public service list containing the names and addresses of 
all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in the final phase of these investigations available to 
authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report. The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on May 27, 
2008, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on June 10, 
2008, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before June 3, 2008. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on June 4, 2008, 
at the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is June 3, 2008. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is June 17, 2008; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before June 17, 2008. On July 1, 2008, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before July 3, 2008, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means, except to the 
extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing 
of a document is permitted, certain documents must also be filed in 
paper form, as specified in II (C) of the Commission's Handbook on 
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    Issued: February 4, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-2333 Filed 2-7-08; 8:45 am]
BILLING CODE 7020-02-P