[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72438-72439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30183]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1185 (Final)]


Certain Steel Nails From the United Arab Emirates; Scheduling of 
the Final Phase of Antidumping Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1185 (Final) under 
section 735(b) of the Act (19 U.S.C. 1673d(b)) 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 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.\1\
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    \1\ For purposes of this investigation, 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 investigation 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. Certain 
steel nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire.
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    For further information concerning the conduct of this phase of the 
investigation, 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: November 3, 2011.

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 this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of this investigation is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain steel nails from 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). The 
investigation was requested in a petition filed on March 31, 2011, by 
Mid Continent Nail Corporation, Poplar Bluff, MO.
    Participation in the investigation 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 this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's 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 investigation 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 
investigation.
    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 this investigation 
available to authorized applicants under the APO issued in the 
investigation, 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 investigation. A party granted access 
to BPI in the preliminary phase of the investigation 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 
this investigation will be placed in the nonpublic record on March 6, 
2012, 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 this investigation beginning at 9:30 a.m. on March 20, 
2012, 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 March 15, 2012. 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 March 15, 2012, 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 March 13, 2012. 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 March 27, 2012; witness testimony must be filed

[[Page 72439]]

no later than three days before the hearing. In addition, any person 
who has not entered an appearance as a party to the investigation may 
submit a written statement of information pertinent to the subject of 
the investigation, including statements of support or opposition to the 
petition, on or before March 27, 2012. On April 12, 2012, 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 April 16, 2012, 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. Please consult the Commission's rules, as 
amended, 76 FR 61937 (Oct. 6, 2011) and the Commission's Handbook on 
Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on the 
Commission's Web site at http://edis.usitc.gov.
    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 investigation must be 
served on all other parties to the investigation (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:  This investigation is 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.

    By order of the Commission.

    Issued: November 17, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-30183 Filed 11-22-11; 8:45 am]
BILLING CODE 7020-02-P