[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48213-48215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22457]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-819]


Certain Steel Nails From the Socialist Republic of Vietnam: Final 
Results of Countervailing Duty Administrative Review, and Partial 
Rescission of Countervailing Duty Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty (CVD) order on certain 
steel nails (steel nails) from the Socialist Republic of Vietnam 
(Vietnam) covering the period November 3, 2014, through December 31, 
2015. We have determined, based on adverse facts available, that the 
mandatory respondents Truong Vinh Ltd. (Truong Vinh) and Rich State 
Inc. (Rich State) received countervailable subsidies during the period 
of review (POR). The final net subsidy rates are listed below in the 
section, ``Final Results of Administrative Review.'' We are also 
rescinding the review for Dicha Sombrilla Co., Ltd. (Dicha Sombrilla) 
as we have concluded that Dicha Sombrilla did not have reviewable 
entries during the POR.

DATES: Applicable October 17, 2017.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3813.

SUPPLEMENTARY INFORMATION: 

Background

    On June 27, 2017, the Department published the Preliminary 
Results.\1\ We invited interested parties to comment on the Preliminary 
Results,\2\ but received none. Accordingly, no decision memorandum 
accompanies this Federal Register notice, and the final results are 
unchanged from the Preliminary Results.
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    \1\ See Certain Steel Nails from the Socialist Republic of 
Vietnam: Preliminary Results of Countervailing Duty Administrative 
Review and Intent to Rescind, in Part, 82 FR 29022 (June 27, 2017) 
(Steel Nails Vietnam Prelim).
    \2\ Id. at 29023.
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Scope of the Order

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

[[Page 48214]]

inches.\3\ 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 consist of a one piece construction or be 
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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    \3\ 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 order 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 order 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 order 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 order 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 order 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 order are thumb tacks, which 
are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to this order 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, 
7318.29.0000, and 7806.00.8000. Certain steel nails subject to this 
order 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 order is 
dispositive.

Partial Rescission of Administrative Review

    We are rescinding this administrative review for Dicha Sombrilla. 
In the Preliminary Results, we made a preliminary determination to 
rescind the review for Dicha Sombrilla as it did not have reviewable 
entries during the POR.\4\ We received no comments with regard to these 
preliminary results, and are accordingly rescinding the review for 
Dicha Sombrilla in accordance with 19 CFR 351.213(d)(3).
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    \4\ See Steel Nails Vietnam Prelim, at 29023.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that confers a benefit to the 
recipient, and that the subsidy is specific.\5\ For a full description 
of the methodology underlying our conclusions, including our reliance, 
in part, on adverse facts available pursuant to sections 776(a) and (b) 
of the Act, see the Preliminary Decision Memorandum.\6\
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
    \6\ See Steel Nails Vietnam Prelim, and accompanying Issues and 
Decision Memorandum.
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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we find the 
countervailable subsidy rates for the producers/exporters under review 
to be as follows:

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                rate
                                                              (percent)
------------------------------------------------------------------------
Truong Vinh Ltd............................................       313.97
Rich State Inc.............................................       313.97
------------------------------------------------------------------------

Assessment Rates and Cash Deposit Requirement

    Consistent with 19 CFR 351.221(b)(2), we intend to issue assessment 
instructions to U.S. Customs and Border Protection (CBP) 15 days after 
the date of these final results of review, to liquidate shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption, on or after November 3, 2014, through December 31, 2015, 
at the ad valorem rates listed above.

[[Page 48215]]

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated CVDs in the amounts 
shown for each of the respective companies listed above. For all non-
reviewed firms, including Dicha Sombrilla, we will instruct CBP to 
continue to collect cash deposits at the most-recent company-specific 
or all-others rate applicable to the company, as appropriate. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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 these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-22457 Filed 10-16-17; 8:45 am]
 BILLING CODE 3510-DS-P