Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)

[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28964-28966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12277]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-583-855]

Certain Steel Nails From Taiwan: Final Negative Countervailing
Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that no
countervailable subsidies are being provided to producers and exporters
of certain steel nails (nails) from Taiwan. The period of investigation
is January 1, 2013, through December 31, 2013.

DATES: Effective Date: May 20, 2015.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Dana Mermelstein, 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-
1779 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

The petitioner in this investigation is Mid Continent Steel & Wire,
Inc. (the petitioner). This investigation covers 10 subsidy programs.
In addition to the Taiwan Authorities (the TA), the respondents in this
investigation are PT Enterprise, Inc. (PT Enterprise) and Quick
Advance, Inc. (Quick Advance).

Case History

The following events have occurred since we published the
Preliminary Determination on November 3, 2014.\1\
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\1\ See Certain Steel Nails From Taiwan: Preliminary Negative
Countervailing Duty Determination and Alignment of Final
Countervailing Duty Determination With Final Antidumping Duty
Determination, 79 FR 65181 (November 3, 2014) (Preliminary
Determination).

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[[Page 28965]]

We conducted verification of the TA's, PT Enterprise's, and Quick
Advance's questionnaire responses from November 6 through November 13,
2014, and issued verification reports on December 4, 2014. PT
Enterprise submitted a case brief on December 12, 2014. Petitioner
submitted a rebuttal brief on December 17, 2014. No other parties
submitted case or rebuttal briefs.

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.
Since the Preliminary Determination, several interested parties
(i.e., IKEA Supply AG, The Home Depot, Target Corporation, and the
petitioner) commented on the scope of these investigations. The
Department reviewed these comments and made certain changes. For
further discussion, see the Issues and Decision Memorandum.\2\ The
scope in Appendix I reflects all modifications to the scope made by the
Department for this final determination.
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\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Issues and Decision Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Steel Nails from
Taiwan'' (Issues and Decision Memorandum), which is dated
concurrently with and is hereby adopted by this notice.
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Analysis of Subsidy Programs and Comments Received

The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of subsidy
programs and the issues that parties raised, and to which we responded
in the Issues and Decision Memorandum, is attached to this notice as
Appendix II. The Issues and Decision Memorandum is a public document
and is on file electronically via the Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the
electronic version of the Issues and Decision Memorandum are identical
in content.
The total estimated net countervailable subsidy rates are:

------------------------------------------------------------------------
Subsidy
Company rate
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PT Enterprise, Inc........................................... 0.00
Quick Advance, Inc........................................... 0.00
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Because the total estimated net countervailable subsidy rates are
zero, we determine that countervailable subsidies are not being
provided to producers or exporters of nails in Taiwan. We have not
calculated an all-others rate pursuant to sections 705(c)(1)(B) and
(c)(5) of the Tariff Act of 1930, as amended (the Act) because we have
not reached an affirmative final determination. Because our final
determination is negative, this proceeding is terminated in accordance
with section 705(c)(2) of the Act.
In the Preliminary Determination, the total net countervailable
subsidy rates for the individually examined respondents were zero or de
minimis and, therefore, we did not suspend liquidation of entries of
nails from Taiwan.\3\ Because the estimated subsidy rates for both
examined companies are zero in this final determination, we are not
directing U.S. Customs and Border Protection to suspend liquidation of
entries of nails from Taiwan.
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\3\ Preliminary Determination, 79 FR at 65181.
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United States International Trade Commission (USITC) Notification

In accordance with section 705(d) of the Act, we will notify the
USITC of our final determination. Because our final determination is
negative, this investigation is terminated.

Return or Destruction of Proprietary Information

This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 violation that is subject
to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.

Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.

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.\4\
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.
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\4\ 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. 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, unless otherwise
excluded based on the other exclusions below.
Also excluded from the scope are certain steel nails with a
nominal shaft length of one inch or less that are (a) a component of
an unassembled article, (b) the total number of nails is sixty (60)
or less, and (c) the imported unassembled article falls into one of
the following eight groupings: (1) Builders' joinery and carpentry
of wood that are classifiable as windows, French-windows and their
frames; (2) builders' joinery and carpentry of wood that are
classifiable as doors and their frames and thresholds; (3) swivel
seats with variable height adjustment; (4) seats that are
convertible into beds (with the exception of those classifiable as
garden seats or camping equipment); (5) seats of cane, osier, bamboo
or similar materials; (6) other seats with wooden frames (with the
exception of seats of a kind used for aircraft or motor vehicles);
(7) furniture (other than seats) of wood (with the exception of i)

[[Page 28966]]

medical, surgical, dental or veterinary furniture; and ii) barbers'
chairs and similar chairs, having rotating as well as both reclining
and elevating movements); or (8) furniture (other than seats) of
materials other than wood, metal, or plastics (e.g., furniture of
cane, osier, bamboo or similar materials). The aforementioned
imported unassembled articles are currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or
9403.89.
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 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 subheading
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 or other
HTSUS subheadings.
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 Comments and Issues in the Issues and Decision
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comment
Comment: Specificity of Grants Under the Energy Technology
Program
VIII. Recommendation

[FR Doc. 2015-12277 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P