[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49508-49509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20397]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Final
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2018, the Department of Commerce (Commerce)
published a notice of initiation and the preliminary results of the
changed circumstances review (CCR) of the antidumping duty (AD) order
on certain steel nails (nails) from the People's Republic of China
(China) in the Federal Register regarding certain scope exclusion
language. Commerce has adopted the revised scope exclusion language in
these final results.
DATES: Applicable September 20, 2019.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2008, Commerce published the AD order on nails from
China.\1\ On April 21, 2011, in response to a request submitted by the
petitioner,\2\ Commerce published an initiation and preliminary results
of a CCR, in which Commerce preliminarily revoked the Order with
respect to four types of steel nails based on the petitioner's
expressed lack of interest in antidumping duty relief with respect to
such imports.\3\ On May 24, 2011, Commerce published its final results
for the CCR revoking the Order with respect to the aforementioned four
types of steel nails, unchanged from the preliminary results.\4\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
\2\ The petitioner is Mid Continent Steel & Wire, Inc. (Mid
Continent).
\3\ See Certain Steel Nails from the People's Republic of China:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 76 FR 22369 (April 21, 2011).
\4\ See Certain Steel Nails from the People's Republic of China:
Final Results of Antidumping Duty Changed Circumstances Review, 76
FR 30101 (May 24, 2011) (2011 CCR Final Results).
---------------------------------------------------------------------------
On March 22, 2017, the petitioner requested that Commerce initiate
another CCR to clarify language regarding the four types of steels
nails that were excluded from the scope of the Order in the 2011 CCR
Final Results.\5\ On September 17, 2018, Commerce published a notice of
initiation and preliminary results of the CCR, and preliminarily
determined it appropriate to revise the scope exclusion language which
was adopted in the 2011 CCR Final Results to align the exclusion
language with the intent of the 2011 CCR Final Results.\6\
---------------------------------------------------------------------------
\5\ See Petitioner's Letter, ``Request for Changed Circumstances
Review,'' dated March 22, 2017.
\6\ See Certain Steel Nails from the People's Republic of China:
Initiation and Expedited Preliminary Results of Antidumping Duty
Changed Circumstances Review, 83 FR 46916 (September 17, 2018)
(Initiation and Preliminary Results).
---------------------------------------------------------------------------
In accordance with 19 CFR 351.309, we invited parties to comment on
our Initiation and Preliminary Results. On September 27, 2018,
PrimeSource Building Products, Inc. (PrimeSource) submitted a timely
filed case brief. On October 4, 2018, the petitioner submitted a timely
rebuttal brief pursuant to our regulations.
Scope of the Order
The merchandise covered by the Order includes certain steel nails
having a shaft length up to 12 inches. Certain steel nails subject to
the Order are currently classified under the Harmonized Tariff Schedule
of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65,
7317.00.75, and 7907.00.6000.\7\ While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the Order is dispositive.\8\
---------------------------------------------------------------------------
\7\ Commerce added the Harmonized Tariff Schedule category
7907.00.6000, ``Other articles of zinc: Other,'' to the language of
the Order. See Memorandum, ``Certain Steel Nails from the People's
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,''
dated September 19, 2013.
\8\ For a full description of the scope of the Order, see
Attachment I.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties to this review in the Issues and Decision Memorandum (I&D
Memo).\9\ Attached to this notice, in Appendix II, is a list of the
issues which parties raised. The I&D Memo is a public document and on
file in the Central Records Unit (CRU), Room B8024 of the main Commerce
building, as well as 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 in the CRU. In addition, a complete version of the
I&D Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the
electronic versions of the I&D Memo are identical in content.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Changed Circumstances Review: Certain Steel Nails
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice.
---------------------------------------------------------------------------
Final Results of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce determines that changed
circumstances exist sufficient to warrant revisions to the scope
exclusion language adopted in the 2011 CCR Final Results to align with
the intent of the 2011 CCR Final Results. The full description of the
scope of the Order, including the revised exclusion language, is at
Attachment I.
Cash Deposit Requirements and Assessment
Effective upon publication of the final results of this changed
circumstances review, the revised exclusion language will apply to all
shipments of the subject merchandise from China, entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
Initiation and Preliminary Results, September 17, 2018, and that remain
unliquidated as of the date of publication of the final results of this
determination. For any entries which are not subject to the Order,
Commerce will instruct U.S. Customs and Border Protection (CBP) to
liquidate without regard to applicable antidumping duties, all
unliquidated entries of nails that meet the revised exclusion language,
and to refund any estimated antidumping duties collected on such
merchandise entered, or withdrawn from warehouse, for consumption on or
after September 17, 2018, the publication of the Initiation and
Preliminary Results in accordance with section 778 of the Act. For all
entries of merchandise subject to the Order pursuant to the revised
exclusions, Commerce will instruct CBP to suspend liquidation and
require
[[Page 49509]]
estimated cash deposits at the applicable rate. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Commerce intends to issue appropriate instructions directly to CBP
within 15 days of publication of these final results of review.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclose under APO in accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return/destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and terms of APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(b)(1) and 777(i) of the Act, and 19 CFR
351.216 and 19 CFR 351.222.
Dated: September 13, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Attachment I
Revised Scope of the Order
The merchandise covered by this 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 order 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, and 7907.00.6000.\10\
---------------------------------------------------------------------------
\10\ Commerce added the Harmonized Tariff Schedule category
7907.00.6000, ``Other articles of zinc: Other,'' to the language of
the AD order on Nails from China. See Certain Steel Nails from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 18816, 18816 n.5 (April 5,
2018).
---------------------------------------------------------------------------
Excluded from the scope 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, inclusive of the following modifications: (1) Non-collated
(i.e., hand-driven or bulk), steel nails as described in ASTM
Standard F 1667 (2005 revision) as Type I, Style 20 nails, as
modified by the following description: 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; (2) Wire collated steel nails, in coils, as
described in ASTM Standard F 1667 (2005 revision) as Type I, Style
20 nails, as modified by the following description: 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 (3) Non-collated (i.e., hand-
driven or bulk), as described in ASTM Standard F 1667 (2005
revision) as Type I, Style 20 nails, as modified by the following
description: 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 are the following steel nails: 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; 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.
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
7317.00.20 and 7317.00.30. Also excluded from the scope of this
order are thumb tacks, which are currently classified under HTSUS
7317.00.10.00.
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.
Attachment II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Effective Date
IV. Discussion of the Issues
Comment 1: Whether CCR is an Unlawful Expansion of the Scope
Comment 2: Whether the Scope Language Resulting from the 2011
CCR Needs to Be Revised to Prevent the Misuse of the Exclusion
Language
Comment 3: Policy Considerations
V. Recommendation
[FR Doc. 2019-20397 Filed 9-19-19; 8:45 am]
BILLING CODE 3510-DS-P