[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65181-65182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-583-855]


Certain Steel Nails From Taiwan: Preliminary Negative 
Countervailing Duty Determination and Alignment of Final Countervailing 
Duty Determination With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that de minimis countervailable subsidies are being provided 
to producers and exporters of certain steel nails (nails) from Taiwan. 
The period of investigation is January 1, 2013, through December 31, 
2013. Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: November 3, 2014.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Austin Redington, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1779 and (202) 482-1664, respectively.

SUPPLEMENTARY INFORMATION: On June 25, 2014, we initiated this 
countervailing duty (CVD) investigation.\1\ On the same day, we also 
initiated an antidumping (AD) investigation of nails from Taiwan.\2\ On 
August 7, 2014, in response to a request from the Petitioner, Mid 
Continent Steel & Wire, Inc., we postponed the preliminary 
determinations in the CVD investigations.
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    \1\ See Certain Steel Nails From India, the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and 
the Socialist Republic of Vietnam, 79 FR 36014 (June 25, 2014).
    \2\ See Certain Steel Nails From India, the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019 (June 25, 2014).
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Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

    On October 21, 2014, consistent with section 705(a)(1) of the 
Tariff Act of 1930, as amended (the Act), alignment of the final 
determination in this CVD investigation with the final determination in 
the AD investigation of nails from Taiwan was requested by Petitioner. 
Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), we are aligning the final CVD determination with the 
final AD determination. Consequently, we intend to issue the final CVD 
determination on the same date as the final AD determination, which is 
currently scheduled to be issued no later than March 2, 2015, unless 
postponed.

Scope of the Investigation

    The products covered by this investigation are nails. For a 
complete description of the scope of the investigation, see Appendix 1 
to this notice.

Methodology

    We are conducting this CVD investigation in accordance with section 
701 of the Act. For a full description of the methodology underlying 
our preliminary conclusions, see the Preliminary Decision 
Memorandum.\3\ The Preliminary Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Determination in the 
Countervailing Duty Investigation of Certain Steel Nails from 
Taiwan'' dated concurrently with this notice (Preliminary Decision 
Memorandum).
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    We calculated a CVD rate for each individually investigated 
producer/exporter of the subject merchandise. Consistent with section 
703(b)(4)(A) of the Act, we have disregarded de minimis rates and 
preliminarily determine that no countervailable subsides are being 
provided to the production or exportation of the subject merchandise in 
Taiwan. Consistent with section 703(d) of the Act, we have not 
calculated an all-others rate because we have not reached an 
affirmative preliminarily determination.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                Company                            Subsidy rate
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PT Enterprise, Inc.....................  0.03 percent (de minimis).
Quick Advance, Inc.....................  Zero.
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    Because we preliminarily determine that the CVD rates in this 
investigation are zero or de minimis, we will not direct U.S. Customs 
and Border Protection to suspend liquidation of entries of subject 
merchandise.

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of public announcement of the preliminary determination.\4\ 
Interested parties may submit case and rebuttal briefs,\5\ and request 
a hearing.\6\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing requests, see the Preliminary Decision 
Memorandum.
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c) and (d).
    \6\ See 19 CFR 351.510.
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

    Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The merchandise covered by this investigation is certain steel 
nails having a nominal shaft length not exceeding 12

[[Page 65182]]

inches.\7\ Certain steel nails include, but are not limited to, 
nails made from round wire and nails that are cut from flat-rolled 
steel. 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 may have any type of surface 
finish, head type, shank, point type and shaft diameter. Finishes 
include, but are not limited to, coating in vinyl, zinc (galvanized, 
including but not limited to electroplating or hot dipping one or 
more times), phosphate, cement, and paint. Certain steel nails may 
have one or more surface finishes. 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. Screw-
threaded nails subject to this proceeding are driven using direct 
force and not by turning the nail using a tool that engages with the 
head. Point styles include, but are not limited to, diamond, needle, 
chisel and blunt or no point. Certain steel nails may be sold in 
bulk, or they may be collated in any manner using any material. If 
packaged in combination with one or more non-subject articles, 
certain steel nails remain subject merchandise if the total number 
of nails of all types, in aggregate regardless of size, is equal to 
or greater than 25.
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    \7\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
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    Excluded from the scope of this investigation are certain steel 
nails packaged in combination with one or more non-subject articles, 
if the total number of nails of all types, in aggregate regardless 
of size, is less than 25.
    Also excluded from the scope of this investigation are steel 
nails that meet the specifications of Type I, Style 20 nails as 
identified in Tables 29 through 33 of ASTM Standard F1667 (2013 
revision).
    Also excluded from the scope of this investigation are nails 
suitable for use in powder-actuated hand tools, whether or not 
threaded, which are currently classified under Harmonized Tariff 
Schedule of the United States subheadings 7317.00.20.00 and 
7317.00.30.00.
    Also excluded from the scope of this investigation are nails 
having a case hardness greater than or equal to 50 on the Rockwell 
Hardness C scale (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.
    Also excluded from the scope of this investigation are 
corrugated nails. A corrugated nail is made up of a small strip of 
corrugated steel with sharp points on one side.
    Also excluded from the scope of this investigation are thumb 
tacks, which are currently classified under HTSUS 7317.00.10.00.
    Certain steel nails subject to this investigation are currently 
classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 
7317.00.75.00. Certain steel nails subject to this investigation 
also may be classified under HTSUS subheading 8206.00.00.00.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. United States International Trade Commission (ITC) Notification
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion
[FR Doc. 2014-26072 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P