[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78933-78935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28019]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-542-804]


Certain Steel Nails From Sri Lanka: Final Negative 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) determines that 
certain steel nails (steel nails) from Sri Lanka are not being, nor 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.

DATES: Applicable December 23, 2022.

FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2805.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 2022, Commerce published in the Federal Register its 
preliminary negative determination in the LTFV investigation of steel 
nails from Sri Lanka, in which it also postponed the final 
determination until December 19, 2022.\1\ Commerce invited interested 
parties to comment on the Preliminary Determination.
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    \1\ See Certain Steel Nails from Sri Lanka: Preliminary Negative 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 87 FR 47701 (August 4, 2022) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\ 
The Issues and Decision Memorandum is a public document and is 
available 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Decision Memorandum for the Final Negative 
Determination of Sales at Less-Than-Fair-Value in the Investigation 
of Certain Steel Nails from Sri Lanka,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope Comments

    On July 5, 2022, we issued the Preliminary Scope Decision 
Memorandum.\3\ The scope case briefs were due on July 19, 2022.\4\ We 
did not receive any scope case briefs from interested parties. 
Therefore, Commerce has not made any changes to the scope of this 
investigation since the Preliminary Determination.
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    \3\ 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 Memorandum).
    \4\ Id at 4.
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Scope of the Investigation

    The product covered by this investigation is steel nails from Sri 
Lanka. For a complete description of the scope of this investigation, 
see Appendix I.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation pursuant to section 782(i) of the Tariff Act of 1930, as 
amended (the Act). Accordingly, we took additional steps in lieu of an 
on-site verification and requested additional documentation and 
information.\5\
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    \5\ See Commerce's Letter, ``Questionnaire in Lieu of 
Verification,'' dated October 3, 2022.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made a change to 
the margin calculation for Trinity Steel Private Limited since the 
Preliminary Determination. For a discussion of the change, see the 
Issues and Decision Memorandum.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margin exists for the POI:

[[Page 78934]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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Trinity Steel Private Limited..............................        0.00
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    Commerce has not calculated an estimated weighted-average dumping 
margin for all other producers and exporters pursuant to sections 
735(c)(1)(B) and (c)(5) of the Act, because it has not made a final 
affirmative determination of sales at LTFV.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final 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 
accordance with 19 CFR 351.224(b).

Suspension of Liquidation

    Because Commerce has made a final negative determination of sales 
at LTFV with regard to subject merchandise, Commerce will not direct 
U.S. Customs and Border Protection to suspend liquidation or to require 
a cash deposit of estimated antidumping duties for entries of steel 
nails from Sri Lanka.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final negative 
determination of sales at LTFV. As our final determination is negative, 
this proceeding is terminated in accordance with section 735(c)(2) of 
the Act.

Administrative Protective Order

    This notice serves as a final reminder to the parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 subject 
to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: December 19, 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 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Change Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Valuation of Constructed Value (CV) Profit and 
Indirect Selling Expense (ISE) Ratios
    Comment 2: Application of the Cohen's d Test
    Comment 3: Quarterly Cost Database

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V. Recommendation

[FR Doc. 2022-28019 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P