[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