[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66151-66153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26140]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty order on certain steel nails (nails)
from the People's Republic of China (China) would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the antidumping duty order.
DATES: Applicable December 3, 2019.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2008, Commerce published the notice of the antidumping
duty order on nails from China.\1\ On December 3, 2018, the ITC
instituted its review of the Order.\2\ On December 3, 2018, Commerce
published the notice of initiation of the second sunset review of the
antidumping duty order on nails from China, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act).\3\ On December 4,
2018, Commerce received a timely notice of intent to participate in
this review from Mid Continent Steel & Wire, Inc. (the petitioner) as a
domestic producer of nails within the deadline specified in 19 CFR
351.218(d)(1)(i).\4\ On January 2, 2019, Commerce received a complete
substantive response for the review from the petitioner within the 30-
day deadline specified in 19 CFR
[[Page 66152]]
351.218(d)(3)(i).\5\ Commerce received no substantive responses from
respondent interested parties. 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 order.\6\
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\1\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
\2\ See Steel Nails from China; Institution of a Five-Year
Review, 83 FR 62342 (December 3, 2018).
\3\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 62296
(December 3, 2018).
\4\ See Petitioner's Letter, ``Entry of Appearance, Notice of
Intent to Participate in Review, and APO Application,'' dated
January 2, 2019.
\5\ See Petitioner's Letter, ``Certain Steel Nails from the
People's Republic of China: Substantive Response to Notice of
Initiation,'' dated January 2, 2019.
\6\ See Certain Steel Nails from the People's Republic of China:
Final Results of the Expedited Sunset Review of the Antidumping Duty
Order, 84 FR 22449 (May 17, 2019) and accompanying Issues and
Decision Memorandum.
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As a result of its review, Commerce determined that revocation of
the antidumping duty order would likely lead to a continuation or
recurrence of dumping. Commerce, therefore, notified the ITC of the
magnitude of the margins likely to prevail should the antidumping duty
order be revoked.\7\
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\7\ See Certain Steel Nails from the People's Republic of China:
Final Results of the Expedited Sunset Review of the Antidumping Duty
Order, 84 FR 22449 (May 17, 2019) and accompanying Issues and
Decision Memorandum.
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On June 6, 2019, the ITC published its notice to conduct an
expedited five-year review of the Order.\8\ On July 18, 2019, the ITC
published its determination that revocation of the Order would likely
lead to a continuation or recurrence of material injury to an industry
in the United States within a reasonably foreseeable time, pursuant to
section 751(c) of the Act.\9\
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\8\ See Steel Nails from China; Scheduling of an Expedited Five-
Year Review, 84 FR 26445 (June 6, 2019).
\9\ See Steel Nails from China, 84 FR 34409 (July 18, 2019).
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Scope of the Order 10
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\10\ See Certain Steel Nails from the People's Republic of
China: Final Results of Antidumping Duty Changed Circumstances
Review, 84 FR 49508 (September 20, 2019).
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The merchandise covered by this order includes certain steel nails
having a shaft length up to 12 inches. Certain steel nails include, but
are not limited to, nails made of round wire and nails that are cut.
Certain steel nails may be of one piece construction or constructed of
two or more pieces. Certain steel nails may be produced from any type
of steel, and have a variety of finishes, heads, shanks, point types,
shaft lengths and shaft diameters. Finishes include, but are not
limited to, coating in vinyl, zinc (galvanized, whether by
electroplating or hot dipping one or more times), phosphate cement, and
paint. Head styles include, but are not limited to, flat, projection,
cupped, oval, brad, headless, double, countersunk, and sinker. Shank
styles include, but are not limited to, smooth, barbed, screw threaded,
ring shank and fluted shank styles. Screw-threaded nails subject to
this order are driven using direct force and not by turning the
fastener using a tool that engages with the head. Point styles include,
but are not limited to, diamond, blunt, needle, chisel and no point.
Finished nails may be sold in bulk, or they may be collated into strips
or coils using materials such as plastic, paper, or wire. Certain steel
nails subject to this order are currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.\11\
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\11\ Commerce added the Harmonized Tariff Schedule category
7907.00.6000, ``Other articles of zinc: Other,'' to the language of
the AD order on Nails from China. See Certain Steel Nails from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 18816, 18816 n.5 (April 5,
2018).
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Excluded from the scope are steel roofing nails of all lengths and
diameter, whether collated or in bulk, and whether or not galvanized.
Steel roofing nails are specifically enumerated and identified in ASTM
Standard F 1667 (2005 revision) as Type I, Style 20 nails, inclusive of
the following modifications: (1) Non-collated (i.e., hand-driven or
bulk), steel nails as described in ASTM Standard F 1667 (2005 revision)
as Type I, Style 20 nails, as modified by the following description:
Having a bright or galvanized finish, a smooth, barbed or ringed shank,
an actual length of 0.500'' to 4'', inclusive; an actual shank diameter
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of
0.3375'' to 0.500'', inclusive; (2) Wire collated steel nails, in
coils, as described in ASTM Standard F 1667 (2005 revision) as Type I,
Style 20 nails, as modified by the following description: Having a
galvanized finish, a smooth, barbed or ringed shank, an actual length
of 0.500'' to 1.75'', inclusive, an actual shank diameter of 0.116'' to
0.166'', inclusive; and an actual head diameter of 0.3375'' to 0.500'',
inclusive; and (3) Non-collated (i.e., hand-driven or bulk), as
described in ASTM Standard F 1667 (2005 revision) as Type I, Style 20
nails, as modified by the following description: Steel nails having a
convex head (commonly known as an umbrella head), a smooth or spiral
shank, a galvanized finish, an actual length of 1.75'' to 3'',
inclusive; an actual shank diameter of 0.131'' to 0.152'', inclusive;
and an actual head diameter of 0.450'' to 0.813'', inclusive.
Also excluded from the scope are the following steel nails: Non-
collated (i.e., hand-driven or bulk), two-piece steel nails having
plastic or steel washers (caps) already assembled to the nail, having a
bright or galvanized finish, a ring, fluted or spiral shank, an actual
length of 0.500'' to 8'', inclusive; and an actual shank diameter of
0.1015'' to 0.166'', inclusive; and an actual washer or cap diameter of
0.900'' to 1.10'', inclusive.
Also excluded from the scope of this order are corrugated nails. A
corrugated nail is made of a small strip of corrugated steel with sharp
points on one side. Also excluded from the scope of this order are
fasteners suitable for use in powder-actuated hand tools, not threaded
and threaded, which are currently classified under HTSUS 7317.00.20 and
7317.00.30. Also excluded from the scope of this order are thumb tacks,
which are currently classified under HTSUS 7317.00.10.00.
Also excluded from the scope of this order are certain brads and
finish nails that are equal to or less than 0.0720 inches in shank
diameter, round or rectangular in cross section, between 0.375 inches
and 2.5 inches in length, and that are collated with adhesive or
polyester film tape backed with a heat seal adhesive. Also excluded
from the scope of this order are fasteners having a case hardness
greater than or equal to 50 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, suitable for
use in gas-actuated hand tools. While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of this order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the Order on nails from
China. U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of the order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(a), Commerce intends to initiate the next sunset review of the
order not later than 30 days prior to the fifth anniversary of the
effective date of continuation.
[[Page 66153]]
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: November 25, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26140 Filed 12-2-19; 8:45 am]
BILLING CODE 3510-DS-P