[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1830-1831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00263]
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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, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(the ``ITC'') that revocation of the antidumping duty order on certain
steel nails (``nails'') from the People's Republic of China (``PRC'')
would likely lead to a continuation or recurrence of dumping and
material injury to an industry in the United States, the Department is
publishing a notice of continuation of the antidumping duty order.
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-4047.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2013, the Department initiated a sunset review of the
antidumping duty order on nails from the PRC, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the ``Act'').\1\ As a
result of its review, the Department determined that revocation of the
antidumping duty order on nails from the PRC would likely lead to a
continuation or recurrence of dumping and, therefore, notified the ITC
of the magnitude of the margins likely to prevail should the order be
revoked.\2\ On December 26, 2013, the ITC published its determination,
pursuant to section 751(c) of the Act, that revocation of the
antidumping duty order on nails from the PRC would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\3\
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\1\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 39256
(July 1, 2013).
\2\ See Certain Steel Nails From the People's Republic of China:
Final Results of Expedited First Sunset Review of the Antidumping
Duty Order, 78 FR 69644 (November 20, 2013).
\3\ See Steel Nails From China: Determination, 78 FR 78382
(December 26, 2013); see also Steel Nails From China: Investigation
No. 731-TA-1114, USITC Publication 4442 (December 2013).
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Scope of the Order
The merchandise covered by the 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 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 the order 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 of the order 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 the 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 the 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 the order are thumb tacks,
which are currently classified under HTSUS 7317.00.10.00.
Also excluded from the scope of the 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
[[Page 1831]]
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 the 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 the order is dispositive.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty 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, the Department hereby orders the continuation of the antidumping
order on nails from the PRC. 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, the Department intends to
initiate the next five-year review of the order not later than 30 days
prior to the fifth anniversary of the effective date of continuation.
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.
Dated: January 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-00263 Filed 1-9-14; 8:45 am]
BILLING CODE 3510-DS-P