[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65184-65186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26076]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-819]
Certain Steel Nails From the Socialist Republic of Vietnam:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain steel nails (nails) from the
Socialist Republic of Vietnam (Vietnam). The period of investigation is
January 1, 2013, through December 31, 2013. Interested parties are
invited to comment on this preliminary determination.
DATES: Effective Date: November 3, 2014.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Thomas Schauer,
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6478 and (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION: On June 25, 2014, the Department initiated
this countervailing duty (CVD) investigation.\1\ On the same day, the
Department also initiated an antidumping duty (AD) investigation of
nails from Vietnam.\2\ On August 7, in response to a request from the
Petitioner, Mid Continent Steel & Wire, Inc., the Department postponed
the preliminary determinations in the CVD investigations.
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\1\ See Certain Steel Nails From India, the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and
the Socialist Republic of Vietnam, 79 FR 36014 (June 25, 2014).
\2\ See Certain Steel Nails From India, the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019 (June 25, 2014).
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Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination
In accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(b)(4), and based on Petitioner's
request, we are aligning the final CVD determination in this
investigation with the final determination in the companion AD
investigation of nails from Vietnam. Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
March 2, 2015, unless postponed.
Scope of the Investigation
The products covered by this investigation are certain steel nails.
For a complete description of the scope of the investigation, see
Appendix 1 to this notice.
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.\3\ The Preliminary
[[Page 65185]]
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://enforcement.trade.gov/frn/index.html. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Decision Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Certain Steel Nails from
the Socialist Republic of Vietnam,'' dated concurrently with this
notice (Preliminary Decision Memorandum).
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In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise.
Preliminary Determination and Suspension of Liquidation
We preliminarily determine the countervailable subsidy rates to be:
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Company Subsidy rate
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Region Industries Co., Ltd............. 8.35 percent.
United Nail Products Co., Ltd.......... 0.17 percent (de minimis).
All Others............................. 8.35 percent.
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In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of nails from Vietnam that are entered, or withdrawn from
warehouse, for consumption on or after the date of the publication of
this notice in the Federal Register, and to require a cash deposit for
such entries of merchandise in the amounts indicated above. For United
Nail Products Co., Ltd., we are not ordering suspension of liquidation
or the collection the cash deposits, because its countervailing duty
rate is de minimis.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. The ``all-others'' rate does
not include zero and de minimis rates or any rates based solely on the
facts available. In this investigation, because we have only one rate
that we can use to calculate the ``all-others'' rate (i.e., the rate
for Region Industries Co., Ltd.), we have assigned that rate to ``all-
others.''
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\4\
Interested parties may submit case and rebuttal briefs,\5\ and request
a hearing.\6\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum.
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\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c) and (d).
\6\ See 19 CFR 351.510.
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix 1
Scope of the Investigation
The merchandise covered by this investigation is certain steel
nails having a nominal shaft length not exceeding 12 inches.\7\
Certain steel nails include, but are not limited to, nails made from
round wire and nails that are cut from flat-rolled steel. 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 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 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. 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.
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\7\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
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Excluded from the scope of this investigation 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.
Also excluded from the scope of this investigation are steel
nails that meet the specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM Standard F1667 (2013
revision).
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 Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7317.00.20.00 and
7317.00.30.00.
Also excluded from the scope of this investigation are nails
having 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, suitable
for use in gas-actuated hand tools.
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 7317.00.10.00.
Certain steel nails subject to this investigation are currently
classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to this investigation
also may be classified under HTSUS subheading 8206.00.00.00.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix 2
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of Countervailing Duty Law to Imports From Vietnam
VIII. Subsidies Valuation
IX. Analysis of Programs
X. United States International Trade Commission (ITC) Notification
XI. Disclosure and Public Comment
XII. Verification
[[Page 65186]]
XIII. Conclusion
[FR Doc. 2014-26076 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P