[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28972-28974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12248]



[[Page 28972]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Final 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (``the Department'') determines 
that imports of certain steel nails (``nails'') from the Sultanate of 
Oman (``Oman'') are being sold in the United States at less than fair 
value (``LTFV''), as provided in section 735 of the Tariff Act of 1930, 
as amended (the ``Act''). The final weighted-average dumping margins of 
sales at LTFV are listed below in the section entitled ``Final 
Determination Margins.''

DATES: Effective Date: May 20, 2015.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6412.

SUPPLEMENTARY INFORMATION:

Background

    On December 29, 2014, the Department published in the Federal 
Register the preliminary determination in the LTFV investigation of 
nails from Oman.\1\ In the Preliminary Determination, we postponed the 
final determination until no later than 135 days after the publication 
of the Preliminary Determination in accordance with section 
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and invited 
parties to comment on our Preliminary Determination.
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    \1\ See Certain Steel Nails From the Sultanate of Oman: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 79 FR 78034 (December 
29, 2014) (``Preliminary Determination'').
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    The following events have occurred since the Preliminary 
Determination. Between January 19, 2015 and January 29, 2015, the 
Department conducted sales and cost verifications of the mandatory 
respondent, Oman Fasteners, LLC (``Oman Fasteners''). On March 10, 
2015, Mid Continent Steel & Wire, Inc. (``Petitioner''), Oman 
Fasteners, and Overseas International Steel Industry, LLC (``OISI''), 
an interested party, submitted case briefs. On March 18, 2015, 
Petitioner, Oman Fasteners, and OISI submitted rebuttal briefs. On 
April 16, 2015, the Department held a public hearing.

Period of Investigation

    The period of investigation (``POI'') is April 1, 2013 through 
March 31, 2014.

Scope of the Investigation

    The product covered by this investigation is certain steel nails 
from Oman. For a full description of the scope of the investigation, 
see Appendix I to this notice.
    Since the Preliminary Determination, several interested parties 
(i.e., IKEA Supply AG, The Home Depot, Target Corporation, and 
Petitioner) commented on the scope of these investigations. The 
Department reviewed these comments and made certain changes. For 
further discussion, see the Issues and Decision Memorandum.\2\ The 
scope in Appendix I reflects all modifications to the scope made by the 
Department for this final determination.
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    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Abdelali Elouaradia, Acting Office Director for Enforcement and 
Compliance (Office VI), ``Certain Steel Nails from the Sultanate of 
Oman: Issues and Decision Memorandum for the Final Determination of 
Sales at Less Than Fair Value'' (Issues and Decision Memorandum), 
dated concurrently with this determination and hereby adopted by 
this notice.
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Verification

    As provided in section 782(i) of the Act, in January 2015, we 
verified the sales and cost information submitted by Oman Fasteners for 
use in our final determination. We used standard verification 
procedures including an examination of relevant accounting and 
production records, and original source documents provided by Oman 
Fasteners.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum 
accompanying this notice, and which is hereby adopted by this notice. A 
list of the issues raised and to which the Department responded is 
attached to this notice as Appendix II. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. The Issues and Decision 
memorandum 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 Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Changes to the Margin Calculations Since the Preliminary Determination

     We updated Oman Fasteners' reported sales quantity as a 
result of minor corrections and findings at the verification.\3\
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    \3\ See Memorandum to the File from Lilit Astvatsatrian, 
International Trade Compliance Analyst, ``Analysis Memorandum for 
the Final Determination of the Antidumping Duty Investigation of 
Certain Steel Nails from the Sultanate of Oman: Oman Fasteners, 
LLC,'' dated concurrently with this determination (``Final Analysis 
Memorandum''), at pages 1-2 and Attachment 1; see also Verification 
of the Sales Questionnaire Responses of Oman Fasteners, LLC: 
Antidumping Duty Investigation of Certain Steel Nails from the 
Sultanate of Oman, dated February 27, 2015 (``Verification 
Report''), at page 2 and Exhibit 1.
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     We corrected the misspelled name of a variable in the U.S. 
sales database which was used in the calculation of the freight revenue 
cap.\4\
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    \4\ See Final Analysis Memorandum, at page 2 and Attachment 1 
and IDM, at Comment 3.
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     We excluded a sale with a sale date prior to the beginning 
of the POI.\5\
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    \5\ See Final Analysis Memorandum, at page 2 and Attachment 1 
and IDM, at Comment 5.
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     We updated the shipment dates and the U.S. credit expense 
for certain sales as a result of findings at the verification.\6\
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    \6\ See Final Analysis Memorandum, at page 2 and Attachment 1; 
IDM, at Comment 4, and Verification Report, at Exhibits VE-VIII.A-D 
and VE-VIII.F-G.
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     We adjusted the reported total cost of manufacturing of 
each control number to reflect the revised per-unit scrap offset 
identified at the cost verification.\7\
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    \7\ See Memorandum to the File from Robert B. Greger, 
Verification of Oman Fasteners LLC in the Antidumping Duty 
Investigation of Certain Steel Nails from the Sultanate of Oman, 
dated February 18, 2015 at page 2.
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Final Determination Margins

    The Department determines that the following weighted-average 
dumping margins exist for the period April 1, 2013, through March 31, 
2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Oman Fasteners, LLC.........................................        9.10
All Others..................................................        9.10
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All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the

[[Page 28973]]

weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero or de minimis margins, and any margins determined 
entirely under section 776 of the Act. We based our calculation of the 
``all others'' rate on the margin calculated for Oman Fasteners, the 
only mandatory respondent in this investigation.

Disclosure

    We will disclose to parties in this proceeding the calculations 
performed for this final determination within five days of the date of 
public announcement of our final determination, in accordance with 19 
CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of certain steel nails from Oman 
which were entered, or withdrawn from warehouse, for consumption on or 
after December 29, 2014, the date of publication of the Preliminary 
Determination. We also will instruct CBP to require a cash deposit 
equal to the weighted-average amount by which normal value exceeds U.S. 
price, as follows: (1) The cash deposit rate for Oman Fasteners will be 
equal to the estimated weighted-average dumping margin determined in 
this final determination; (2) if the exporter is not a firm identified 
in this investigation but the producer is, the cash deposit rate will 
be equal to the estimated weighted-average dumping margin established 
for the producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers or exporters will be 9.10 percent. These 
suspension of liquidation instructions will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (``ITC'') of our final 
determination. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, the ITC will determine within 45 
days whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports or 
sales (or the likelihood of sales) for importation of the subject 
merchandise. If the ITC determines that such injury exists, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is certain steel 
nails having a nominal shaft length not exceeding 12 inches.\8\ 
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.
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    \8\ 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. 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, unless otherwise 
excluded based on the other exclusions below.
    Also excluded from the scope are certain steel nails with a 
nominal shaft length of one inch or less that are (a) a component of 
an unassembled article, (b) the total number of nails is sixty (60) 
or less, and (c) the imported unassembled article falls into one of 
the following eight groupings: (1) Builders' joinery and carpentry 
of wood that are classifiable as windows, French-windows and their 
frames; (2) builders' joinery and carpentry of wood that are 
classifiable as doors and their frames and thresholds; (3) swivel 
seats with variable height adjustment; (4) seats that are 
convertible into beds (with the exception of those classifiable as 
garden seats or camping equipment); (5) seats of cane, osier, bamboo 
or similar materials; (6) other seats with wooden frames (with the 
exception of seats of a kind used for aircraft or motor vehicles); 
(7) furniture (other than seats) of wood (with the exception of (i) 
medical, surgical, dental or veterinary furniture; and ii) barbers' 
chairs and similar chairs, having rotating as well as both reclining 
and elevating movements); or (8) furniture (other than seats) of 
materials other than wood, metal, or plastics (e.g., furniture of 
cane, osier, bamboo or similar materials). The aforementioned 
imported unassembled articles are currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 
9403.89.
    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 HTSUS 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 subheading 
7317.00.10.00.
    Certain steel nails subject to this investigation are currently 
classified under

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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 or other HTSUS 
subheadings.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Appendix II--List of Topics in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Discussion of the Issues
VI. Recommendation

[FR Doc. 2015-12248 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P