[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22449-22450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10272]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty order on 
certain steel nails (nails) from the People's Republic of China (China) 
would be likely to lead to a continuation or recurrence of dumping at 
the levels indicated in the ``Final Results of Sunset Review'' section 
of this notice.

DATES: Applicable May 17, 2019.

FOR FURTHER INFORMATION CONTACT: Susan S. Pulongbarit, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4031.

Background

    On August 1, 2008, Commerce published in the Federal Register the 
antidumping duty order on nails from China.\1\ On December 3, 2018, 
Commerce published the notice of initiation of the five-year review of 
the China Nails Order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On December 4, 2018, Commerce received a 
Notice of Intent to Participate in this review from domestic interested 
party Mid Continent Steel & Wire, Inc. (Mid Continent) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Mid Continent claimed 
interested party status under section 771(9)(C) of the Act, as 
manufacturer of a domestic like product in the United States.\4\ On 
January 2, 2019, Mid Continent provided a timely and complete 
substantive response for this review within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i).\5\ We received no substantive 
responses from any other interested parties, nor was a hearing 
requested. As a result, pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-
day) sunset review of the China Nails Order.
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    \1\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(China Nails Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 62296 
(December 3, 2018).
    \3\ See Letter from Mid Continent, ``Certain Steel Nails from 
the People's Republic of China: Entry of Appearance, Notice of 
Intent to Participate in Review, and APO Application,'' dated 
December 4, 2018.
    \4\ Id. at 1-2.
    \5\ See Letter from Mid Continent, ``Certain Steel Nails from 
the People's Republic of China: Substantive Response to Notice of 
Initiation,'' dated January 2, 2018 (Substantive Response).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\6\ If the tolled 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for this final determination is now May 13, 2019.
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    \6\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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Scope of the Order

    The merchandise covered by the China Nails Order includes 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 proceeding 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. 
Finished nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire. Certain steel 
nails subject to this order are currently classified under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 
7317.00.55, 7317.00.65, 7317.00.75, 7907.00.6000,\7\ 7318.29.0000, and 
8206.00.0000.\8\
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    \7\ Commerce added the Harmonized Tariff Schedule of the United 
States (HTSUS) category 7907.00.6000, ``Other articles of zinc: 
Other,'' to the language of the Order. See Memorandum to Gary 
Taverman, Senior Advisor for Antidumping and Countervailing Duty 
Operations, through James C. Doyle, Director, Office 9, Antidumping 
and Countervailing Duty Operations, regarding ``Certain Steel Nails 
from the People's Republic of China: Cobra Anchors Co. Ltd. Final 
Scope Ruling,'' dated September 19, 2013.
    \8\ Commerce added the HTS categories 7318.29.000 and 
8206.00.0000 per a request by U.S. Customs and Border Protection on 
February 24, 2017.
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    Excluded from the scope of this order are steel roofing nails of 
all lengths and diameter, whether collated or in bulk, and whether or 
not galvanized. Steel roofing nails are specifically enumerated and 
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 
nails. Also excluded from the scope are the following steel nails: (1) 
Non-collated (i.e., hand-driven or bulk), two-piece steel nails having 
plastic or steel washers (caps) already assembled to the nail, having a 
bright or galvanized finish, a ring, fluted or spiral shank, an actual 
length of 0.500'' to 8'', inclusive;

[[Page 22450]]

and an actual shank diameter of 0.1015'' to 0.166'', inclusive; and an 
actual washer or cap diameter of 0.900'' to 1.10'', inclusive; (2) Non-
collated (i.e., hand-driven or bulk), steel nails having a bright or 
galvanized finish, a smooth, barbed or ringed shank, an actual length 
of 0.500'' to 4'', inclusive; an actual shank diameter of 0.1015'' to 
0.166'', inclusive; and an actual head diameter of 0.3375'' to 0.500'', 
inclusive; (3) Wire collated steel nails, in coils, having a galvanized 
finish, a smooth, barbed or ringed shank, an actual length of 0.500'' 
to 1.75'', inclusive; an actual shank diameter of 0.116'' to 0.166'', 
inclusive; and an actual head diameter of 0.3375'' to 0.500'', 
inclusive; and (4) Non-collated (i.e., hand-driven or bulk), steel 
nails having a convex head (commonly known as an umbrella head), a 
smooth or spiral shank, a galvanized finish, an actual length of 1.75'' 
to 3'', inclusive; an actual shank diameter of 0.131'' to 0.152'', 
inclusive; and an actual head diameter of 0.450'' to 0.813'', 
inclusive.
    Also excluded from the scope of this order are corrugated nails. A 
corrugated nail is made of a small strip of corrugated steel with sharp 
points on one side. Also excluded from the scope of this order are 
fasteners suitable for use in powder-actuated hand tools, not threaded 
and threaded, which are currently classified under HTSUS 7317.0020 and 
7317.0030. Also excluded from the scope of this order are thumb tacks, 
which are currently classified under HTSUS 7317.00.1000.
    Also excluded from the scope of this order are certain brads and 
finish nails that are equal to or less than 0.0720 inches in shank 
diameter, round or rectangular in cross section, between 0.375 inches 
and 2.5 inches in length, and that are collated with adhesive or 
polyester film tape backed with a heat seal adhesive. Also excluded 
from the scope of this order are fasteners having a case hardness 
greater than or equal to 50 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. While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review, including the likelihood 
of continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the China Nails Order 
were to be revoked, are addressed in the accompanying Issues and 
Decision Memorandum. 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, and to all parties in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the China Nails Order would 
likely lead to the continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins up to 118.04 percent.

Notification to Interested Parties

    This notice serves as the only reminder to interested parties 
subject to administrative protective order (APO) of their 
responsibility concerning the return or destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely 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 violation which is 
subject to sanction. We are issuing and publishing these results and 
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: May 13, 2019.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix



List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2019-10272 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P