[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48681-48682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22684]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Continuation
of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determination by the Department of Commerce
(Department) and the International Trade Commission (ITC) that
revocation of the antidumping duty order on certain steel nails (nails)
from the United Arab Emirates (UAE) 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 on nails from the UAE.
DATES: Applicable October 19, 2017.
FOR FURTHER INFORMATION CONTACT: Annathea Cook, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0250.
SUPPLEMENTARY INFORMATION:
Background
On March 23, 2012, the Department published in the Federal Register
its final determination in the less-than-fair value investigation of
nails from the UAE.\1\ On May 10, 2012, following an affirmative injury
determination by the International Trade Commission (ITC), the
Department published its amended final determination and the
antidumping duty Order on nails from the UAE.\2\
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\1\ See Certain Steel Nails from the United Arab Emirates: Final
Determination of Sales at Less Than Fair Value, 77 FR 17029 (March
23, 2012).
\2\ See Certain Steel Nails from the United Arab Emirates:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order).
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On April 3, 2017, the Department published the notice of initiation
of the first sunset review of the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (Act). The Department conducted the
sunset review on an expedited basis, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a
complete an adequate response from a domestic interested party, but no
substantive responses from respondent interested parties.\3\ As a
result of its expedited sunset review, the Department determined that
revocation of the Order would likely lead to a continuation or
recurrence of dumping.\4\ The Department, therefore, notified the ITC
of the magnitude of the margins likely to prevail should the Order be
revoked. On October 5, 2017, the ITC published notice of its
determination,
[[Page 48682]]
pursuant to section 751(c) of the Act, that revocation of the Order on
nails from the UAE would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\5\
Scope of the Order
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\3\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 16159
(April 3, 2017).
\4\ See Certain Steel Nails from the United Arab Emirates Final
Results of the Expedited Sunset Reviews of the Antidumping Duty
Order, 82 FR 36731 (August 7, 2017).
\5\ See Certain Steel Nails from the United Arab Emirates Nos.
731-TA-1185 (Review), USITC Publication 4729 (September 2017).
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The merchandise covered by this 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 Order 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.
Certain steel 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 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 this Order are steel nails specifically
enumerated and identified in ASTM Standard F 1667 (2011 revision) as
Type I, Style 20 nails, whether collated or in bulk, and whether or not
galvanized.
Also excluded from the scope of this Order are the following
products:
Non-collated (i.e., hand-drive 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; 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;
non-collated (i.e., hand-drive 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;
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;
non-collated (i.e., hand-drive 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;
corrugated nails. A corrugated nail is made of a small
strip of corrugated steel with sharp points on one side;
thumb tacks, which are currently classified under HTSUS
7317.00.10.00;
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;
certain steel 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;
and
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
Order is dispositive.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the 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 and 19 CFR 351.218(a),
the Department hereby orders the continuation of the Order on certain
steel nails from the UAE. U.S. Customs and Border Protection will
continue to collect 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 and 19 CFR 351.218(f)(4).
Dated: October 12, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-22684 Filed 10-18-17; 8:45 am]
BILLING CODE 3510-DS-P