[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30101-30102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12800]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Final 
Results of Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 1, 2009.
SUMMARY: On April 21, 2011, the Department of Commerce (``Department'') 
published a notice of initiation and the preliminary results of the 
changed circumstances review with intent to revoke, in part, the 
antidumping duty order \1\ on certain steel nails from the People's 
Republic of China (``PRC'') in the Federal Register.\2\ The Department 
is now revoking the Order, in part, with regard to four specific types 
of steel nails.
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    \1\ See Notice of Antidumping Duty Order: Certain Steel Nails 
From the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(``Order'').
    \2\ See Certain Steel Nails from the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 76 FR 22369 (April 21, 2011) (``Initiation and 
Preliminary Results'').

FOR FURTHER INFORMATION CONTACT: Alexis Polovina, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-3927.

Background

    On February 11, 2011, Mid Continent Nail Corporation 
(``Petitioner'') submitted a request for a changed circumstances review 
to revoke, in part, Order with respect to four specific types of steel 
nails.
    Between February 22, 2011, and March 24, 2011, the Department 
received comments on behalf of Itochu Building Products (``IBP''), 
National Nail Corp. (``National Nail''), and United Sources Inc. 
(``United Sources''), supporting Petitioner's request for partial 
revocation of the Order, requesting the Department select the date of 
the preliminary determination of the original investigation as the 
effective date of the revocation, and requesting that the Department 
conduct an expedited review. On March 4, 2011, Department officials 
spoke with counsel representing Petitioner to clarify an inconsistency 
regarding the effective date identified in Petitioner's request.\3\ On 
March 8, 2011, counsel representing IBP met with Department officials 
to discuss the effective date of the proposed revocation, in part.\4\
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    \3\ See Memorandum to the File, From Alexis Polovina, Case 
Analyst, Regarding Changed Circumstances Review (``CCR'') of Certain 
Steel Nails from the People's Republic of China (``PRC''): Phone 
Call with Petitioner, dated March 4, 2011.
    \4\ See Memorandum to the File, Alex Villanueva, Program 
Manager, Office 9, Import Administration, From Timothy Lord, 
Analyst, Office 9, Import Administration, Regarding Certain Steel 
Nails from the People's Republic of China: Meeting with Outside 
Party, dated March 9, 2011.
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    On April 21, 2011, the Department published a notice of Initiation 
and Preliminary Results of changed circumstances review with intent to 
revoke, in part, the Order with regard to four specific types of steel 
nails. We invited parties to submit comments for consideration in the 
Department's Final Results. None were received.

Scope of the Changed Circumstances Review

    The merchandise covered by this changed circumstances review are 
four specific types of steel nails from the PRC that meet the following 
criteria:

    (1) Non-collated (i.e., hand-driven or bulk), two-piece steel 
nails having plastic or steel washers (caps) already assembled to 
the nail, having a bright or galvanized finish, a ring, fluted or 
spiral shank, an actual length of 0.500'' to 8'', inclusive; and an 
actual shank diameter of 0.1015'' to 0.166'', inclusive; and an 
actual washer or cap diameter of 0.900'' to 1.10'', inclusive.
    (2) Non-collated (i.e., hand-driven or bulk), steel nails having 
a bright or galvanized finish, a smooth, barbed or ringed shank, an 
actual length of 0.500'' to 4'', inclusive; an actual shank diameter 
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive.
    (3) Wire collated steel nails, in coils, having a galvanized 
finish, a smooth, barbed or ringed shank, an actual length of 
0.500'' to 1.75'', inclusive; an actual shank diameter of 0.116'' to 
0.166'', inclusive; and an actual head diameter of 0.3375'' to 
0.500'', inclusive.
    (4) Non-collated (i.e., hand-driven or bulk), steel nails having 
a convex head (commonly known as an umbrella head), a smooth or 
spiral shank, a galvanized finish, an actual length of 1.75'' to 
3'', inclusive; an actual shank diameter of 0.131'' to 0.152'', 
inclusive; and an actual head diameter of 0.450'' to 0.813'', 
inclusive.

    In accordance with sections 751(b), 751(d), and 782(h) of the 
Tariff Act of 1930, as amended (``Act'') and 19 CFR 351.216, the 
Department determines that there is a reasonable basis to believe that 
changed circumstances exist sufficient to warrant partial revocation of 
the Order. Therefore, the Department is revoking the Order, in part, 
with regard to the products described above. Effective August 1, 2009, 
the amended scope of the Order will read as follows:

[[Page 30102]]

Scope of the Order

    The merchandise covered by this proceeding 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 are steel 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 are the following steel nails: (1) Non-collated 
(i.e., hand-driven or bulk), two-piece steel nails having plastic or 
steel washers (caps) already assembled to the nail, having a bright or 
galvanized finish, a ring, fluted or spiral shank, an actual length of 
0.500'' to 8'', inclusive; and an actual shank diameter of 0.1015'' to 
0.166'', inclusive; and an actual washer or cap diameter of 0.900'' to 
1.10'', inclusive; (2) Non-collated (i.e., hand-driven or bulk), steel 
nails having a bright or galvanized finish, a smooth, barbed or ringed 
shank, an actual length of 0.500'' to 4'', inclusive; an actual shank 
diameter of 0.1015'' to 0.166'', inclusive; and an actual head diameter 
of 0.3375'' to 0.500'', inclusive; (3) Wire collated steel nails, in 
coils, having a galvanized finish, a smooth, barbed or ringed shank, an 
actual length of 0.500'' to 1.75'', inclusive; an actual shank diameter 
of 0.116'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive; and (4) Non-collated (i.e., hand-driven 
or bulk), steel nails having a convex head (commonly known as an 
umbrella head), a smooth or spiral shank, a galvanized finish, an 
actual length of 1.75'' to 3'', inclusive; an actual shank diameter of 
0.131'' to 0.152'', inclusive; and an actual head diameter of 0.450'' 
to 0.813'', inclusive.
    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. 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.

Instructions to Customs

    In accordance with 19 CFR 351.222(g)(4), the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to liquidate, 
without regard to applicable antidumping duties, all unliquidated 
entries of nails that meet the above-noted specifications, and to 
refund any estimated antidumping duties collected on such merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
August 1, 2009,\5\ the day after the most recent period for which an 
administrative review was completed. The Department will further 
instruct CBP to refund with interest any estimated duties collected 
with respect to unliquidated entries of nails from the PRC entered, or 
withdrawn from warehouse, for consumption on or after August 1, 2009, 
in accordance with section 778 of the Act.
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    \5\ The Department's recent practice has been to select the date 
after the most recent period for which a review was completed or 
issued assessment instructions as the effective date. See e.g., 
Notice of the Final Results of Changed Circumstances Review and 
Revocation of the Antidumping Order: Coumarin From the People's 
Republic of China, 69 FR 24122 (May 3, 2004) and Notice of Final 
Results of Changed Circumstances Review and Revocation of the 
Antidumping Duty Order: Bulk Aspirin From the People's Republic of 
China, 69 FR 77726 (Dec. 28, 2004).
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    The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 
351.216, 351.221, and 351.222.

    Dated: May 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-12800 Filed 5-23-11; 8:45 am]
BILLING CODE 3510-DS-P