[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 3970-3975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01509]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-905, C-523-817, C-542-805, C-549-845, C-489-847]


Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, 
Thailand, and the Republic of Turkey: Initiation of Countervailing Duty 
Investigations

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


DATES: Applicable January 19, 2022.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen (India); Thomas Martin 
(the Sultanate of Oman); Nathan James (Sri Lanka); Charles Doss 
(Thailand); or Benjamin Luberda (the Republic of Turkey), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3251; (202) 482-3936; 
(202) 482-5305; (202) 482-4474; or (202) 482-2185, respectively.

SUPPLEMENTARY INFORMATION:

Petitions

    On December 30, 2021, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
certain steel nails (steel nails) from India, the Sultanate of Oman 
(Oman), Sri Lanka, Thailand, and the Republic of Turkey (Turkey), filed 
in proper form on behalf of Mid Continent Steel & Wire, Inc. (the 
petitioner), a domestic producer of steel nails.\1\ The Petitions were 
accompanied by antidumping duty (AD) petitions concerning imports of 
steel nails from India, Sri Lanka, Thailand, and Turkey.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties Pursuant to Sections 701 and 
731 of the Tariff Act of 1930, as Amended, on Behalf of Mid 
Continent Steel & Wire, Inc.,'' dated December 30, 2021 (Petitions).
    \2\ Id.
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    Between January 4 and 18, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ The 
petitioner filed responses to these requests between January 10 and 19, 
2022.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
January 4, 2022 (General Issues Questionnaire); ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Steel 
Nails from India: Supplemental Questions,'' dated January 4, 2022; 
``Petition for the Imposition of Countervailing Duties on Imports of 
Certain Steel Nails from Sri Lanka: Supplemental Questions,'' dated 
January 4, 2022; ``Petition for the Imposition of Countervailing 
Duties on Imports of Certain Steel Nails from the Republic of 
Turkey: Supplemental Questions,'' dated January 4, 2022; ``Petition 
for the Imposition of Countervailing Duties on Imports of Certain 
Steel Nails from Oman: Supplemental Questions,'' dated January 5, 
2022; ``Petition for the Imposition of Countervailing Duties on 
Imports of Certain Steel Nails from Thailand: Supplemental 
Questions,'' dated January 5, 2022; ``Phone Call with Counsel to the 
Petitioner,'' dated January 7, 2022 (First Scope Call Memorandum); 
``Petition for the Imposition of Countervailing Duties on Imports of 
Certain Steel Nails from Thailand: Second Supplemental 
Questionnaire,'' dated January 7, 2022; ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Steel 
Nails from the Republic of Turkey: Supplemental Questions,'' dated 
January 10, 2022; ``Petition for the Imposition of Countervailing 
Duties on Imports of Certain Steel Nails from Sri Lanka: Additional 
Supplemental Questions,'' January 12, 2022; ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Steel 
Nails from Thailand: Third Supplemental Questionnaire,'' dated 
January 12, 2022; ``Phone Call with Counsel to the Petitioner,'' 
dated January 13, 2022 (Second Scope Call Memorandum); and 
``Petition for the Imposition of Countervailing Duties on Imports of 
Certain Steel Nails from the Republic of Turkey: Supplemental 
Questions,'' dated January 18, 2022.
    \4\ See Petitioner's Letters, ``Response to Supplemental 
Questions for the Petition for the Imposition of Antidumping and 
Countervailing Duties on Imports of Certain Steel Nails from India, 
Oman, Sri Lanka, Thailand, and Turkey,'' dated January 10, 2022 
(First General Issues Supplement); ``Response to Supplemental 
Questions--the Petition for the Imposition of Countervailing Duties 
on Imports of Certain Steel Nails from India,'' dated January 10, 
2022; ``Response to Supplemental Questions--the Petition for the 
Imposition of Countervailing Duties on Imports of Certain Steel 
Nails from Turkey,'' dated January 10, 2022; ``Response to 
Supplemental Questions--the Petition for the Imposition of 
Countervailing Duties on Imports of Certain Steel Nails from 
Thailand,'' dated January 10, 2022; ``Response to Second 
Supplemental Questions--the Petition for the Imposition of 
Countervailing Duties on Imports of Certain Steel Nails from 
Thailand,'' dated January 11, 2022; ``Response to Third Supplemental 
Questionnaire--the Petition for the Imposition of Countervailing 
Duties on Imports of Certain Steel Nails from Thailand,'' dated 
January 13, 2022; ``Response to Second Supplemental Questionnaire--
the Petition for the Imposition of Countervailing Duties on Imports 
of Certain Steel Nails from Turkey,'' dated January 13, 2022; 
``Response to Scope Questions for the Petition for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Steel 
Nails from India, Oman, Sri Lanka, Thailand, and Turkey,'' dated 
January 14, 2022 (Scope Supplement); ``Response to Second 
Supplemental Questionnaire--the Petition for the Imposition of 
Countervailing Duties on Imports of Certain Steel Nails from Sri 
Lanka,'' dated January 14, 2022; and ``Response to Third 
Supplemental Questions--the Petition for the Imposition of 
Countervailing Duties on Imports of Certain Steel Nails from 
Turkey,'' dated January 19, 2022.

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[[Page 3971]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of India 
(GOI), the Government of Oman (GSO), the Government of Sri Lanka (GSL), 
the Royal Thai Government (RTG), and the Government of Turkey (GOT) 
(collectively, Governments) are providing countervailable subsidies, 
within the meaning of sections 701 and 771(5) of the Act, to producers 
of steel nails in India, Oman, Sri Lanka, Thailand, and Turkey, and 
that such imports are materially injuring, or threatening material 
injury to, the domestic industry producing steel nails in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating CVD 
investigations, the Petitions were accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigations.\5\
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    \5\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Period of Investigation

    Because the Petitions were filed on December 30, 2021, the period 
of investigation (POI) for these CVD investigations is January 1, 2020, 
through December 31, 2020.\6\
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    \6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The merchandise covered by these investigations is steel nails from 
India, Oman, Sri Lanka, Thailand, and Turkey. For a full description of 
the scope of these investigations, see the appendix to this notice.

Comments on Scope of the Investigations

    On January 4, 7, and 13, 2022, Commerce requested further 
information from the petitioner regarding the proposed scope, to ensure 
that the scope language in the Petitions is an accurate reflection of 
the products for which the domestic industry is seeking relief.\7\ On 
January 10 and 14, 2022, the petitioner revised the scope.\8\ The 
description of the merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \7\ See General Issues Questionnaire; see also First Scope Call 
Memorandum; and Second Scope Call Memorandum.
    \8\ See General Issues Supplement at Exhibit GEN-21; see also 
Scope Supplement at Exhibit GEN-24.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on February 8, 2022, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on February 18, 2022, which 
is 10 calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigations be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigations may 
be relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Governments of the receipt of the Petitions and provided 
an opportunity for consultations with respect to the Petitions.\12\ 
Commerce held consultations with the RTG on January 11, 2022, the GOT, 
GSL, and GSO on January 14, 2022, and the GOI on January 18, 2022.\13\
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    \12\ See Commerce's Letters, ``Countervailing Duty Petition on 
Certain Steel Nails from Sri Lanka; Invitation for Consultations to 
Discuss the Countervailing Duty Petition,'' dated January 4, 2022; 
``Countervailing Duty Petition on Certain Steel Nails from the 
Republic of Turkey; Invitation for Consultations to Discuss the 
Countervailing Duty Petition,'' dated January 4, 2022; 
``Countervailing Duty Petition on Certain Steel Nails from India; 
Invitation for Consultations to Discuss the Countervailing Duty 
Petition,'' dated January 5, 2022; ``Countervailing Duty Petition on 
Certain Steel Nails from Thailand,'' dated January 5, 2022; and 
``Countervailing Duty Petition on Certain Steel Nails from the 
Sultanate of Oman: Invitation for Consultations to Discuss the 
Countervailing Duty Petition,'' dated January 10, 2022.
    \13\ See Memoranda, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Steel Nails from 
Thailand: Teleconference Consultations with the Royal Thai 
Government,'' dated January 12, 2022; ``Countervailing Duty Petition 
on Certain Steel Nails from the Sultanate of Oman: Consultations 
with Officials from the Government of the Sultanate of Oman,'' dated 
January 14, 2022; ``Certain Steel Nails from Turkey: Government of 
Turkey Consultations,'' dated January 14, 2022; ``Consultations with 
the Government of Sri Lanka on the Countervailing Duty Petition 
Regarding Certain Steel Nails from Sri Lanka,'' dated January 14, 
2022; and ``Petition for the Imposition of Countervailing Duties on 
Imports of Certain Steel Nails from India: Consultations with 
Officials from the Government of India,'' dated January 18, 2022.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for

[[Page 3972]]

more than 50 percent of the total production of the domestic like 
product, Commerce shall: (i) Poll the industry or rely on other 
information in order to determine if there is support for the petition, 
as required by subparagraph (A); or (ii) determine industry support 
using a statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\16\ Based on our analysis of the information 
submitted on the record, we have determined that steel nails, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\17\
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    \16\ See Petitions at Volume I at 13-15 and Exhibit GEN-3; see 
also General Issues Supplement at 7-10.
    \17\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Countervailing Duty Investigation Initiation Checklists: Certain 
Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, 
and the Republic of Turkey (Country-Specific CVD Initiation 
Checklists) at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Certain Steel 
Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and 
the Republic of Turkey (Attachment II). These checklists are dated 
concurrently with this notice and on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2020 production of the domestic like product for the U.S. producers 
that support the Petitions.\18\ The petitioner estimated the production 
of the domestic like product for the remaining U.S. producers of steel 
nails based on its knowledge of the industry and production 
capabilities and market shares of U.S. producers.\19\ The petitioner 
then compared the total production of the supporters of the Petitions 
to the estimated total production of the domestic like product for the 
entire domestic industry.\20\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\21\
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    \18\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
    \19\ Id.; see also General Issues Supplement at 6.
    \20\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
    \21\ Id.; see also General Issues Supplement at 6. For further 
discussion, see Attachment II of the Country-Specific CVD Initiation 
Checklists.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\22\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as a result, Commerce is 
not required to take further action in order to evaluate industry 
support (e.g., polling).\23\ Second, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\24\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions.\25\ Accordingly, Commerce determines that 
the Petitions were filed on behalf of the domestic industry within the 
meaning of section 702(b)(1) of the Act.\26\
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    \22\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \23\ Id.; see also section 702(c)(4)(D) of the Act.
    \24\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \25\ Id.
    \26\ Id.
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Injury Test

    Because India, Oman, Sri Lanka, Thailand, and Turkey are 
``Subsidies Agreement Countries'' within the meaning of section 701(b) 
of the Act, section 701(a)(2) of the Act applies to these 
investigations. Accordingly, the ITC must determine whether imports of 
the subject merchandise from India, Oman, Sri Lanka, Thailand, and/or 
Turkey materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\27\
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    \27\ See Petitions at 17-19 and Exhibit GEN-9.
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    In CVD petitions, section 771(24)(B) of the Act provides that 
imports of subject merchandise from developing countries must exceed 
the negligibility threshold of four percent. Because Sri Lanka has been 
designated as a developing country under section 771(36)(A) of the 
Act,\28\ the four percent negligibility threshold applies to imports 
from Sri Lanka. While the allegedly subsidized imports from Sri Lanka 
may not meet the statutory negligibility threshold of four percent,\29\ 
the petitioner alleges and provides supporting evidence that: (1) There 
is a reasonable indication that data obtained in the ITC's 
investigation will establish that imports exceed the negligibility

[[Page 3973]]

threshold; \30\ and (2) there is the potential that imports from Sri 
Lanka will imminently exceed the negligibility threshold and, 
therefore, they are not negligible for purposes of a threat 
determination.\31\ The petitioner's arguments regarding the reasonable 
indication that information obtained in the ITC's investigation will 
exceed the negligibility threshold are consistent with the SAA. 
Furthermore, the petitioner's arguments regarding the potential for 
imports to imminently exceed the negligibility threshold are consistent 
with the statutory criteria for ``negligibility in threat analysis'' 
under section 771(24)(A)(iv) of the Act, which provides that imports 
shall not be treated as negligible if there is a potential that subject 
imports from a country will imminently exceed the statutory 
requirements for negligibility.
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    \28\ See Designations of Developing and Least-Developed 
Countries under the Countervailing Duty Law, 85 FR 7613, 7615-7616 
(February 10, 2020).
    \29\ When calculated to the hundredth decimal point, imports 
from Sri Lanka account for 3.96 percent of the volume of total 
imports during the most recent 12-month period for which data are 
available. See Petitions at Volume I at 17-18 and Exhibit GEN-9.
    \30\ See Petitions at Volume I at 17-18 and Exhibit GEN-9; see 
also Statement of Administrative Action Accompanying the Uruguay 
Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) at 857.
    \31\ See Petitions at Volume I at 19 and Exhibit GEN-8; see also 
section 771(24)(A)(iv) of the Act.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; decline in U.S. shipments and production and low 
level of capacity utilization; underselling and price depression and/or 
suppression; adverse impact on employment variables; lost sales and 
revenues; and declining profitability.\32\ We assessed the allegations 
and supporting evidence regarding material injury, threat of material 
injury, causation, and negligibility, and we have determined that these 
allegations are properly supported by adequate evidence, and meet the 
statutory requirements for initiation.\33\
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    \32\ See Petitions at Volume I at 19-21, 25-41 and Exhibits GEN-
1, GEN-3, GEN-8 and GEN-11 through GEN-20.
    \33\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Certain Steel Nails from India, the Sultanate of 
Oman, Sri Lanka, Thailand, and the Republic of Turkey (Attachment 
III).
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Initiation of CVD Investigations

    Based upon our examination of the Petitions on steel nails from 
India, Oman, Sri Lanka, Thailand, and Turkey, including supplemental 
information provided by the petitioner, we find that the Petitions meet 
the requirements of section 702 of the Act. Therefore, we are 
initiating CVD investigations to determine whether imports of steel 
nails from India, Oman, Sri Lanka, Thailand, and Turkey benefit from 
countervailable subsidies conferred by the Governments. In accordance 
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 65 
days after the publication date of these initiations.

India

    Based on our review of the Petition on Indian steel nails, we find 
that there is sufficient information to initiate a CVD investigation on 
32 alleged programs. For a full discussion of the basis for our 
decision to initiate on each program, see India CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Oman

    Based on our review of the Petition on Omani steel nails, we find 
that there is sufficient information to initiate a CVD investigation on 
11 alleged programs. For a full discussion of the basis for our 
decision to initiate on each program, see Oman CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Sri Lanka

    Based on our review of the Petition on Sri Lankan steel nails, we 
find that there is sufficient information to initiate a CVD 
investigation on 11 alleged programs. For a full discussion of the 
basis for our decision to initiate on each program, see Sri Lanka CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Thailand

    Based on our review of the Petition on Thai steel nails, we find 
that there is sufficient information to initiate a CVD investigation on 
13 alleged programs. For a full discussion of the basis for our 
decision to initiate on each program, see Thailand CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Turkey

    Based on our review of the Petition on Turkish steel nails, we find 
that there is sufficient information to initiate a CVD investigation on 
26 alleged programs. For a full discussion of the basis for our 
decision to initiate on each program, see Turkey CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Respondent Selection

    The petitioner named 11 companies in India; four in Oman; five in 
Sri Lanka; five in Thailand; and six in Turkey as producers/exporters 
of steel nails.\34\ Commerce intends to follow its standard practice in 
CVD investigations and calculate company-specific subsidy rates in 
these investigations.
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    \34\ See Petitions at Volume I at Exhibit GEN-6.
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    In the event that Commerce determines that the number of companies 
in India, Oman, Sri Lanka, Thailand, or Turkey is large and it cannot 
individually examine each company based upon Commerce's resources, 
where appropriate, Commerce intends to select respondents based on U.S. 
Customs and Border Protection (CBP) data for U.S. imports of steel 
nails from India, Oman, Sri Lanka, Thailand, and Turkey during the POI 
under the appropriate Harmonized Tariff Schedule of the United States 
subheadings listed in the ``Scope of the Investigations,'' in the 
appendix.
    From January 11 through 13, 2022, Commerce released CBP data for 
U.S. imports of steel nails from India, Oman, Sri Lanka, Turkey, and 
Thailand under administrative protective order (APO) to all parties 
with access to information protected by APO and indicated that 
interested parties wishing to comment regarding the CBP data and 
respondent selection must do so within three business days of the 
publication date of the notice of initiation of these CVD 
investigations.\35\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection. Interested parties must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
the Commerce's website at http://enforcement.trade.gov/apo.
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    \35\ See Memoranda, ``Countervailing Duty Petition on Certain 
Steel Nails from the Republic of Turkey: Release of Customs Data 
from U.S. Customs and Border Protection,'' dated January 11, 2022; 
``Countervailing Duty Petition on Certain Steel Nails from India: 
Release of Customs Data from U.S. Customs and Border Protection,'' 
dated January 13, 2022; ``Countervailing Duty Petition on Certain 
Steel Nails from the Sultanate of Oman: Release of Customs Data from 
U.S. Customs and Border Protection,'' dated January 13, 2022; 
``Countervailing Duty Petition on Certain Steel Nails from Sri 
Lanka: Release of Customs Data from U.S. Customs and Border 
Protection,'' dated January 13, 2022; and ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Steel 
Nails from Thailand: Release of U.S. Customs and Border Protection 
Data,'' dated January 13, 2022.
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    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully, in its entirety, by

[[Page 3974]]

ACCESS no later than 5:00 p.m. ET on the specified deadline.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the Governments via ACCESS. To the extent practicable, 
Commerce will attempt to provide a copy of the public version of the 
Petitions to each exporter named in the Petitions, as provided under 19 
CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of steel nails from India, Oman, Sri Lanka, 
Thailand, and/or Turkey are materially injuring or threatening material 
injury to a U.S. industry.\36\ A negative ITC determination for any 
country will result in the investigation being terminated with respect 
to that country.\37\ Otherwise, the investigations will proceed 
according to statutory and regulatory time limits.
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    \36\ See section 733(a) of the Act.
    \37\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, provide an explanation identifying 
the information already on the record that the factual information 
seeks to rebut, clarify, or correct.\38\ Time limits for the submission 
of factual information are addressed in 19 CFR 351.301, which provides 
specific time limits based on the type of factual information being 
submitted. Interested parties should review the regulations prior to 
submitting factual information in these investigations.
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    \38\ See 19 CFR 351.301(b).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301 or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances 
Commerce will grant untimely-filed requests for the extension of time 
limits. Parties should review Commerce's regulations concerning the 
extension of time limits prior to submitting extension requests in 
these investigations.\39\
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    \39\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\40\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\41\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \40\ See section 782(b) of the Act.
    \41\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Instructions for filing such 
applications may be found on the Commerce website at http://enforcement.trade.gov/apo. Parties wishing to participate in these 
investigations should ensure that they meet the requirements of 19 CFR 
351.103(d) (e.g., by filing a letter of appearance). Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\42\
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    \42\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: January 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations is certain steel 
nails having a nominal shaft or shank length not exceeding 12 
inches. Certain steel nails include, but are not limited to, nails 
made from round wire and nails that are cut from flat-rolled steel 
or long-rolled flat steel bars. Certain steel nails may be of one 
piece construction or constructed of two or more pieces. Examples of 
nails constructed of two or more pieces include, but are not limited 
to, anchors comprised of an anchor body made of zinc or nylon and a 
steel pin or a steel nail; crimp drive anchors; split-drive anchors, 
and strike pin anchors. Also included in the scope are anchors of 
one piece construction.
    Certain steel nails may be produced from any type of steel, and 
may have any type of surface finish, head type, shank, point type 
and shaft diameter. Finishes include, but are not limited to, 
coating in vinyl, zinc (galvanized, including but not limited to 
electroplating or hot dipping one or more times), phosphate, cement, 
and paint. Certain steel nails may have one or more surface 
finishes. Head styles include, but are not limited to, flat, 
projection, cupped, oval, brad, headless, double, countersunk, and 
sinker. Shank or shaft styles include, but are not limited to, 
smooth, barbed, screw threaded, ring shank and fluted.
    Screw-threaded nails subject to this proceeding are driven using 
direct force and not by turning the nail using a tool that engages 
with the head. Point styles include, but are not limited to, 
diamond, needle, chisel and blunt or no point. Certain steel nails 
may be sold in bulk, or they may be collated in any manner using any 
material.
    Excluded from the scope are certain steel nails packaged in 
combination with one or more non-subject articles, if the total 
number of nails of all types, in aggregate regardless of size, is 
less than 25. If packaged in combination with one or more non-
subject articles, certain steel nails remain subject merchandise if 
the total number of nails of all types, in aggregate regardless of 
size, is equal to or greater than 25, unless otherwise excluded 
based on the other exclusions below.

[[Page 3975]]

    Also excluded from the scope are certain steel nails with a 
nominal shaft or shank length of one inch or less that are a 
component of an unassembled article, where the total number of nails 
is sixty (60) or less, and the imported unassembled article falls 
into one of the following eight groupings: (1) Builders' joinery and 
carpentry of wood that are classifiable as windows, French-windows 
and their frames; (2) builders' joinery and carpentry of wood that 
are classifiable as doors and their frames and thresholds; (3) 
swivel seats with variable height adjustment; (4) seats that are 
convertible into beds (with the exception of those classifiable as 
garden seats or camping equipment); (5) seats of cane, osier, bamboo 
or similar materials; (6) other seats with wooden frames (with the 
exception of seats of a kind used for aircraft or motor vehicles); 
(7) furniture (other than seats) of wood (with the exception of (i) 
medical, surgical, dental or veterinary furniture; and (ii) barbers' 
chairs and similar chairs, having rotating as well as both reclining 
and elevating movements); or (8) furniture (other than seats) of 
materials other than wood, metal, or plastics (e.g., furniture of 
cane, osier, bamboo or similar materials). The aforementioned 
imported unassembled articles are currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 
9403.89.
    Also excluded from the scope of these investigations are nails 
suitable for use in powder-actuated hand tools, whether or not 
threaded, which are currently classified under HTSUS subheadings 
7317.00.2000 and 7317.00.3000.
    Also excluded from the scope of these investigations are nails 
suitable for use in gas-actuated hand tools. These nails have a case 
hardness greater than or equal to 50 on the Rockwell Hardness C 
scale (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.
    Also excluded from the scope of these investigations are 
corrugated nails. A corrugated nail is made up of a small strip of 
corrugated steel with sharp points on one side.
    Also excluded from the scope of these investigations are thumb 
tacks, which are currently classified under HTSUS subheading 
7317.00.1000.
    Also excluded from the scope are decorative or upholstery tacks.
    Certain steel nails subject to these investigations are 
currently classified under HTSUS subheadings 7317.00.5501, 
7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 
7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 
7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 
7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 
7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails 
subject to these investigations also may be classified under HTSUS 
subheadings 7318.15.5060, 7318.15.5090, 7907.00.6000, 8206.00.0000 
or other HTSUS subheadings. While the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of these investigations is dispositive.

[FR Doc. 2022-01509 Filed 1-25-22; 8:45 am]
BILLING CODE 3510-DS-P