[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63078-63079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22054]


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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 the Expedited First Five-Year Sunset Review of the 
Countervailing 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 countervailing duty (CVD) order 
on certain steel nails (nails) from the Socialist Republic of Vietnam 
(Vietnam) would be likely to lead to continuation or recurrence of 
countervailable subsidies 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, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\1\ Commerce received a notice 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\ Mid 
Continent claimed interested party status under section 771(9)(C) of 
the Act, as a domestic 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 in Reviews,'' dated June 9, 2020.
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    Commerce received an adequate substantive response to the notice of 
initiation from Mid Continent within the 30-day deadline specified in 
19 CFR 351.218(d)(3)(i).\3\ We received no substantive response from 
respondent interested parties.
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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 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 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 this CVD order.
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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 Order

    The merchandise covered by this order is nails having a nominal 
shaft length not exceeding 12 inches.\5\

[[Page 63079]]

Merchandise covered by the order 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 this 
order 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 this order 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 the order, see 
Memorandum, ``Issues and Decision Memorandum for the Expedited First 
Sunset Review of the Countervailing Duty Order on Certain Steel 
Nails from 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

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. The Issues and Decision Memorandum is a public 
document and is on file electronically via the 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 Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the CVD order on nails from Vietnam would 
be likely to lead to continuation or recurrence of countervailable 
subsidies at the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/exporters                 subsidy
                                                            (percent)
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Region Industries Co., Ltd............................            288.56
United Nail Products Co. Ltd..........................            313.97
All Others............................................            301.27
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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 order 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(b), 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. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-22054 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P