[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47699-47701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16721]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-846]
Certain Steel Nails From the Republic of Turkey: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain steel nails (nails) from the Republic of Turkey
(Turkey) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
October 1, 2020, through September 30, 2021. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: David Crespo or Amaris Wade, 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) 482-3693 or (202) 482-6334,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 26,
2022.\1\ On May 20, 2022, Commerce postponed the preliminary
determination of this investigation until July 28, 2022.\2\
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\1\ See Certain Steel Nails From India, Sri Lanka, Thailand, and
the Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice).
\2\ See Certain Steel Nails From India, Sri Lanka, Thailand, and
the Republic of Turkey: Postponement of Preliminary Determinations
in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20,
2022).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Steel Nails from the Republic of Turkey,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are nails from Turkey.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of this investigation as it appeared in
the Initiation Notice. On July 5, 2022, Commerce issued its preliminary
determination regarding the scope of the investigation.\6\ For a
summary of the product coverage comments and rebuttal responses
submitted to the record for this investigation, and accompanying
analysis of all comments timely received, see the Preliminary Scope
Decision Memorandum. Based on an analysis of the comments received,
Commerce preliminarily determined to make no changes to the scope
language from the Initiation Notice, as reflected in Appendix I.\7\
Commerce has established a separate briefing schedule for interested
parties to address the preliminary scope determination.\8\
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 3966.
\6\ See Memorandum, ``Antidumping Duty Investigations of Certain
Steel Nails from India, Sri Lanka, Thailand, and Turkey and
Countervailing Duty Investigations of Certain Steel Nails from
India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope
Decision Memorandum,'' dated July 5, 2022 (Preliminary Scope
Decision Memo).
\7\ Though Commerce preliminarily determined to make no changes
to the language of the scope in response to interested parties'
comments, we note that the scope language as listed in Appendix I
omits an HTSUS subheading (i.e., 7318.15.5060) originally included
in the scope language from the Initiation Notice, because Commerce
determined that this HTSUS subheading does not exist. Id. at 15.
\8\ Id. at 4-5.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export price in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Aslanbas Civi Tel Ve Celik Hasir San A.S.
(Aslanbas) and Sertel Vida Metal A.S. (Sertel Vida) that are not zero,
de minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted average of the
estimated weighted-average dumping margins calculated for the
individually examined respondents using the publicly ranged total value
of each respondent's sales of the merchandise under consideration to
the United States during the POI.\9\
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\9\ With two respondents under examination, Commerce normally
calculates (A) a weighted average of the estimated weighted-average
dumping margins calculated for the examined respondents using the
confidential total U.S. sales value of the merchandise under
consideration; (B) a simple average of the estimated weighted-
average dumping margins calculated for the examined respondents; and
(C) a weighted average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
publicly-ranged total U.S. sale values for the merchandise under
consideration. Commerce then compares (B) and (C) to (A) and selects
the rate closest to (A) as the most appropriate rate for the
estimated weighted-average dumping margin assigned to all other
producers and exporters. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53662 (September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1. For a complete analysis of the
data, see Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Steel Nails from the Republic of Turkey: Calculation of the
All-Others Rate for the Preliminary Determination,'' dated
concurrently with this notice.
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[[Page 47700]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\10\ In the preliminary determination of the companion
countervailing duty (CVD) proceeding, Commerce found that certain of
the programs conferring a benefit to the two mandatory respondents,
Aslanbas and Sertel Vida, were export contingent subsidies. In
accordance with section 772(c)(1)(C) of the Act, we have
preliminarily relied on the CVD rates of 0.72 and 0.78 percent
(i.e., the rates only related to export contingent subsidies)
calculated for Aslanbas and Sertel Vida, respectively, as well as
the CVD all others rate of 0.77 percent, for purposes of determining
the preliminary AD cash deposit rate. See Memorandum, ``Less-Than-
Fair-Value Investigation of Certain Steel Nails from the Republic of
Turkey: Placing Public Information Related to the Calculation of the
``All Others Rate'' from the Preliminary Determination of the
Companion Countervailing Duty Investigation of Certain Steel Nails
from the Republic of Turkey,'' dated July 25, 2022.
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Estimated
weighted- Cash deposit
average Export subsidy rate adjusted
Exporter or producer dumping offset for subsidy
margin (percent) offset
(percent) (percent) \10\
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Aslanbas Civi Tel Ve Celik Hasir San A.S........................ 22.72 0.72 22.00
Sertel Vida Metal A.S........................................... 38.38 0.78 37.60
All Others...................................................... 35.77 0.77 35.00
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit for
estimated antidumping duties that is equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the companies listed above will be equal
to the company-specific estimated weighted-average dumping margins
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. Commerce normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion CVD proceeding. Accordingly, in a LTFV investigation where
Commerce has made an affirmative determination for countervailable
export subsidies, Commerce has offset the estimated weighted-average
dumping margin by the appropriate countervailed export subsidy rate.
The adjusted cash deposit rate may be found in the ``Preliminary
Determination'' section above.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose under Administrative Protective Order
its calculations and related analysis to interested parties in this
preliminary determination within five days of any public announcement
or, if there is no public announcement, within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and
Compliance.\11\ Interested parties will be notified of the timeline for
the submission of such case briefs and written comments at a later
date. Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\11\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. The scope
case briefs deadline was July 19, 2022. See Preliminary Scope
Decision Memorandum at 4.
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days after the date of publication
of this notice in the Federal Register. Requests should contain (1) the
party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national, and
(4) a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and
[[Page 47701]]
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
All requests and submissions must be filed electronically using
ACCESS.\13\ An electronically filed document must be received
successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time on
the date that the submission is due. Commerce has modified certain of
its requirements for serving documents containing business proprietary
information until further notice.\14\
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\13\ See generally 19 CFR 351.303.
\14\ 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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Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the date of this
preliminary determination, unless postponed pursuant 19 CFR
351.210(b)(2).
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If Commerce's final determination is affirmative, the
ITC will determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of nails from Turkey are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation 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.
Also excluded from the scope of this investigation 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 this investigation 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 this investigation 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 this investigation 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 this investigation 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 this investigation 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 this investigation
also may be classified under HTSUS subheadings 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 this investigation is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022-16721 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P