[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63094-63095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22046]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874, A-557-816, A-583-854, A-552-818]


Certain Steel Nails From the Republic of Korea, Malaysia, Taiwan, 
and the Socialist Republic of Vietnam: Final Results of the Expedited 
First Sunset Reviews of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, Commerce finds 
that revocation of the antidumping duty (AD) orders on certain steel 
nails (nails) from the Republic of Korea (Korea), Malaysia, Taiwan, and 
the Socialist Republic of Vietnam (Vietnam) would be likely to lead to 
the continuation or recurrence of dumping at the levels indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Applicable October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2020, Commerce published the notice of initiation of the 
first sunset review of the AD orders on nails from Korea, Malaysia, 
Taiwan, and Vietnam pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\1\ On June 9, 2020, Commerce received 
notices of intent to participate from Mid Continent Steel & Wire, Inc. 
(Mid Continent) within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i).\2\

[[Page 63095]]

Mid Continent claimed interested party status under section 771(9)(C) 
of the Act as a producer of nails in the United States.
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 33088 
(June 1, 2020).
    \2\ See Mid Continent's Letter, ``Certain Steel Nails from the 
Republic of Korea, the Sultanate of Oman, Malaysia, the Republic of 
China (``Taiwan''), and the Socialist Republic of Vietnam: Notice of 
Intent to Participate,'' dated June 9, 2020.
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    On July 1, 2020, Commerce received adequate substantive responses 
to the notice of initiation from Mid Continent within the 30-day 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ We received no 
substantive responses from respondent interested parties with respect 
to any of the orders covered by these sunset reviews.
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    \3\ See Mid Continent's Letter, ``Certain Steel Nails from the 
Republic of Korea, the Sultanate of Oman, Malaysia, Taiwan, and the 
Socialist Republic of Vietnam: Substantive Response to the Notice of 
Initiation of Sunset Reviews,'' dated July 1, 2020.
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    On July 21, 2020, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\4\ As a result, pursuant to 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the AD orders on nails 
from Korea, Malaysia, Taiwan, and Vietnam.
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    \4\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2020,'' dated July 21, 2020.
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Scope of the Orders

    The merchandise covered by these orders is nails having a nominal 
shaft length not exceeding 12 inches.\5\ Merchandise covered by the 
orders is currently classified under the Harmonized Tariff Schedule of 
the United States (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. Nails subject to these orders also may be classified 
under HTSUS subheadings 7907.00.60.00, 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 these 
orders is dispositive.\6\
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    \5\ 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.
    \6\ For a complete description of the scope of these orders, see 
Memorandum, ``Issues and Decision Memorandum for the Expedited First 
Sunset Reviews of the Antidumping Duty Orders on Certain Steel Nails 
from the Republic of Korea, Malaysia, Taiwan, and the Socialist 
Republic of Vietnam,'' dated concurrently with, and hereby adopted 
by this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews, 
including the likelihood of continuation or recurrence of dumping and 
the magnitude of the dumping margins likely to prevail if the AD orders 
were revoked, is provided in the 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. A 
list of topics discussed in the Issues and Decision Memorandum is 
included as an appendix to this notice. 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 and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD orders on nails from 
Korea, Malaysia, Taiwan, and Vietnam would be likely to lead to the 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail is up to 11.80 percent for Korea, 
39.35 percent for Malaysia, 2.24 percent for Taiwan, and 323.99 percent 
for Vietnam.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an 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 orders is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: September 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    A. Likelihood of Continuation or Recurrence of Dumping
    B. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2020-22046 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P