[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78053-78055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30430]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Negative Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice.
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SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain steel nails from Taiwan are not being, or are
not likely to be, sold in the United States at less than fair value
(LTFV), as provided in section 733(b) of the Tariff Act of 1930, as
amended (the Act). The period of investigation is April 1, 2013,
through March 31, 2014. The estimated weighted-average dumping margins
are shown in the ``Preliminary Determination'' section of this notice.
In response to a request from Mid Continent Steel & Wire, Inc.
(petitioner) we are postponing the final determination. The final
determination will be issued 135 days after the publication of this
preliminary determination in the Federal Register. We invite interested
parties to comment on the preliminary determination.
DATES: Effective Date: December 29, 2014.
[[Page 78054]]
FOR FURTHER INFORMATION CONTACT: Victoria Cho, Scott Hoefke or Robert
James, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-5075, (202) 482-4947 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this investigation is certain steel nails
from Taiwan. For a full description of the scope of the investigation,
see Appendix I to this notice.\1\
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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: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019, 36025-26 (June 25, 2014)
(Initiation Notice).
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Scope Comments
Several interested parties (i.e., IKEA Supply AG and IKEA
Distributions Services Inc. (collectively IKEA), Target Corporation,
and The Home Depot) submitted comments to the Department on the scope
of the investigation as it appeared in the Initiation Notice, and
petitioner submitted rebuttal comments. For discussion of those
comments and rebuttal comments, see the Preliminary Decision
Memorandum.\2\
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\2\ See December 17, 2014 memorandum to Paul Piquado, ``Decision
Memorandum for the Preliminary Determination in the Antidumping Duty
Investigation of Certain Steel Nails fromTaiwan,'' adopoted
concurrently with this notice. A list of the topics discussed in the
Preliminary Decision Memorandum appears in Appendix II, below.
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Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. There were two mandatory respondents, PT
Enterprise Inc. (and its affiliated producer, Pro-Team Coil Nail
Enterprise Inc.) and Quick Advance, Inc. (and its affiliated producer,
Ko's Nails Inc.). Export prices have been calculated in accordance with
section 772 of the Act. Normal value (NV) has been calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\3\ The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(ACCESS).\4\ ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's
Central Records Unit, located at room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be found at http://enforcement.trade.gov/frn/.
The signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\3\ Id.
\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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Weighted-average
Exporter/manufacturer dumping margin
(percent)
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PT Enterprise Inc.................................... 0.00
Quick Advance, Inc................................... 0.00
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Consistent with sections 733(d)(1)(A) of the Act, the Department
has not calculated a weighted-average dumping margin for all other
producers or exporters because it has not made an affirmative
preliminary determination of sales at less than fair value.
Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding, and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\5\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using ACCESS. An electronically filed request must be
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the date of publication of this
notice.\6\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW, Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\6\ See 19 CFR 351.310(c).
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Suspension of Liquidation
Because the Department has not made an affirmative preliminary
determination of sales at less than fair value, we are not directing
U.S. Customs and Border Protection to suspend liquidation of any
entries of certain steel nails from Taiwan.
Postponement of Final Determination
Pursuant to petitioner's request, we are postponing the final
determination. Accordingly, we will issue our final determination no
later than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.\7\
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\7\ See 19 CFR 351.210(b)(2) and (e).
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[[Page 78055]]
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary negative determination of sales at LTFV. If our
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 17, 2014.
Ronald K. Lorentzen,
Acting 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 length not exceeding 12 inches.\8\
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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\8\ 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 II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination
V. Scope of the Investigation
VI. Scope Comments
VII. Affiliation and Collapsing
VIII. Middleman Dumping
IX. Discussion of Methodology
A. Fair Value Comparisons
B. Product Control Numbers
C. Determination of Comparison Method
D. Export Price
E. Normal Value
F. Date of Sale
G. Currency Conversion
X. U.S. International Trade Commission Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2014-30430 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-DS-P