[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30101-30102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12800]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Final
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 1, 2009.
SUMMARY: On April 21, 2011, the Department of Commerce (``Department'')
published a notice of initiation and the preliminary results of the
changed circumstances review with intent to revoke, in part, the
antidumping duty order \1\ on certain steel nails from the People's
Republic of China (``PRC'') in the Federal Register.\2\ The Department
is now revoking the Order, in part, with regard to four specific types
of steel nails.
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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 Certain Steel Nails from the People's Republic of China:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 76 FR 22369 (April 21, 2011) (``Initiation and
Preliminary Results'').
FOR FURTHER INFORMATION CONTACT: Alexis Polovina, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-3927.
Background
On February 11, 2011, Mid Continent Nail Corporation
(``Petitioner'') submitted a request for a changed circumstances review
to revoke, in part, Order with respect to four specific types of steel
nails.
Between February 22, 2011, and March 24, 2011, the Department
received comments on behalf of Itochu Building Products (``IBP''),
National Nail Corp. (``National Nail''), and United Sources Inc.
(``United Sources''), supporting Petitioner's request for partial
revocation of the Order, requesting the Department select the date of
the preliminary determination of the original investigation as the
effective date of the revocation, and requesting that the Department
conduct an expedited review. On March 4, 2011, Department officials
spoke with counsel representing Petitioner to clarify an inconsistency
regarding the effective date identified in Petitioner's request.\3\ On
March 8, 2011, counsel representing IBP met with Department officials
to discuss the effective date of the proposed revocation, in part.\4\
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\3\ See Memorandum to the File, From Alexis Polovina, Case
Analyst, Regarding Changed Circumstances Review (``CCR'') of Certain
Steel Nails from the People's Republic of China (``PRC''): Phone
Call with Petitioner, dated March 4, 2011.
\4\ See Memorandum to the File, Alex Villanueva, Program
Manager, Office 9, Import Administration, From Timothy Lord,
Analyst, Office 9, Import Administration, Regarding Certain Steel
Nails from the People's Republic of China: Meeting with Outside
Party, dated March 9, 2011.
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On April 21, 2011, the Department published a notice of Initiation
and Preliminary Results of changed circumstances review with intent to
revoke, in part, the Order with regard to four specific types of steel
nails. We invited parties to submit comments for consideration in the
Department's Final Results. None were received.
Scope of the Changed Circumstances Review
The merchandise covered by this changed circumstances review are
four specific types of steel nails from the PRC that meet the following
criteria:
(1) 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.
(2) Non-collated (i.e., hand-driven or bulk), steel nails 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.
(3) Wire collated steel nails, in coils, 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.
(4) Non-collated (i.e., hand-driven or bulk), 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.
In accordance with sections 751(b), 751(d), and 782(h) of the
Tariff Act of 1930, as amended (``Act'') and 19 CFR 351.216, the
Department determines that there is a reasonable basis to believe that
changed circumstances exist sufficient to warrant partial revocation of
the Order. Therefore, the Department is revoking the Order, in part,
with regard to the products described above. Effective August 1, 2009,
the amended scope of the Order will read as follows:
[[Page 30102]]
Scope of the Order
The merchandise covered by this proceeding 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 proceeding 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 proceeding are currently classified under the
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings
7317.00.55, 7317.00.65 and 7317.00.75.
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. Also
excluded from the scope are the following steel nails: (1) 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; (2) Non-collated (i.e., hand-driven or bulk), steel
nails 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; (3) Wire collated steel nails, in
coils, 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 (4) Non-collated (i.e., hand-driven
or bulk), 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 of this proceeding 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
proceeding 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
proceeding are thumb tacks, which are currently classified under HTSUS
7317.00.10.00.
Also excluded from the scope of this proceeding 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 proceeding 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 proceeding is dispositive.
Instructions to Customs
In accordance with 19 CFR 351.222(g)(4), the Department will
instruct U.S. Customs and Border Protection (``CBP'') to liquidate,
without regard to applicable antidumping duties, all unliquidated
entries of nails that meet the above-noted specifications, and to
refund any estimated antidumping duties collected on such merchandise
entered, or withdrawn from warehouse, for consumption on or after
August 1, 2009,\5\ the day after the most recent period for which an
administrative review was completed. The Department will further
instruct CBP to refund with interest any estimated duties collected
with respect to unliquidated entries of nails from the PRC entered, or
withdrawn from warehouse, for consumption on or after August 1, 2009,
in accordance with section 778 of the Act.
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\5\ The Department's recent practice has been to select the date
after the most recent period for which a review was completed or
issued assessment instructions as the effective date. See e.g.,
Notice of the Final Results of Changed Circumstances Review and
Revocation of the Antidumping Order: Coumarin From the People's
Republic of China, 69 FR 24122 (May 3, 2004) and Notice of Final
Results of Changed Circumstances Review and Revocation of the
Antidumping Duty Order: Bulk Aspirin From the People's Republic of
China, 69 FR 77726 (Dec. 28, 2004).
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The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/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 sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR
351.216, 351.221, and 351.222.
Dated: May 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-12800 Filed 5-23-11; 8:45 am]
BILLING CODE 3510-DS-P