[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:
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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