[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Pages 22369-22372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9717]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 21, 2011.
SUMMARY: On February 11, 2011, the Department of Commerce
(``Department'') received a request on behalf of Mid Continent Nail
Corporation (``Petitioner'') for a changed circumstances review and a
request to revoke, in part, the antidumping duty order on certain steel
nails from the People's Republic of China (``PRC'') with respect to
four types of steel nails. Petitioner's request expressed lack of
interest in antidumping duty relief from imports of these four specific
types of steel nails. In addition to the four physical descriptions of
steel nails, Petitioner requested three of the nails include the labels
``roof'' or ``roofing'' on the packaging. The Department is
preliminarily not adopting Petitioner's labeling request as an absolute
requirement. However, we are preliminarily notifying the public of our
intent to revoke, in part, the antidumping duty order as it relates to
imports of four specific types of steel nails described below. The
Department invites interested parties to comment on these preliminary
results.
[[Page 22370]]
FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations,
Office 9, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-3927.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2008, the Department published the antidumping duty
order on certain steel nails from the PRC. See Notice of Antidumping
Duty Order: Certain Steel Nails From the People's Republic of China, 73
FR 44961 (August 1, 2008) (``Order''). On February 11, 2011, Petitioner
submitted a request for a changed circumstances review to revoke, in
part, the antidumping duty order on certain steel nails from the PRC
with respect to four specific types of steel nails.
On February 22, 2011, the Department received comments on behalf of
Itochu Building Products (``IBP'') supporting Petitioner's request for
partial revocation of the Order. IBP requested the Department select
the date of the preliminary determination of the original investigation
as the effective date of the revocation and also conduct an expedited
review. On March 1, 2011, the Department received comments on behalf of
National Nail Corp. (``National Nail'') supporting Petitioner's request
for partial revocation of the Order. National Nail also requested that
the Department select the date of the preliminary determination of the
original investigation as the effective date of revocation and conduct
an expedited review. On March 4, 2011, Department officials spoke with
counsel representing Petitioner to clarify an inconsistency regarding
the effective dates identified in Petitioner's request,\1\ and
clarified that Petitioner intended for the effective date of the
partial revocation to be January 23, 2008, the date of the preliminary
determination of the investigation. On March 8, 2011, counsel
representing IBP met with Department officials to discuss the effective
date.\2\ On March 24, 2011, the Department received comments on behalf
of United Sources Inc. (``United Sources'') supporting Petitioner's
request for partial revocation of the Order. United Sources also
requested that the Department select the date of the preliminary
determination of the investigation as the effective date of revocation
and conduct an expedited review.
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\1\ See Memorandum to the File, From Alexis Polovina, Case
Analyst, Regarding Changed Circumstances Review (``CCR'') of Certain
Steel Nails from the People's Republic of China (``PRC''): Phone
Call with Petitioner, dated March 4, 2011.
\2\ See Memorandum to the File, Through Alex Villanueva, Program
Manager, Office 9, Import Administration, From Timothy Lord,
Analyst, Office 9, Import Administration, Regarding Certain Steel
Nails from the People's Republic of China: Meeting with Outside
Party, dated March 9, 2011.
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Scope of the Order
The merchandise covered by this proceeding 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 this proceeding 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 proceeding are 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 of this proceeding 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 this
proceeding 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 this
proceeding are thumbtacks, which are currently classified under HTSUS
7317.00.10.00.
Also excluded from the scope of this proceeding 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 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 this proceeding 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 this proceeding is dispositive.
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent To Revoke Order in Part
At the request of Petitioner, and in accordance with sections
751(b)(1) and (d)(1) of the Tariff Act of 1930, as amended (``Act''),
and 19 CFR 351.216, the Department is initiating a changed
circumstances review of certain steel nails from the PRC to determine
whether partial revocation of the antidumping duty order is warranted
with respect to the following four types of 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.
(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.
In addition to the physical descriptions of the steel nails subject
to this exclusion request, Petitioner included in its request that the
following language regarding labeling be
[[Page 22371]]
added to three of the nails for which Petitioner requested revocation:
``and whose packaging and packaging marking for entries on or after the
date of publication of the final results of the changed circumstances
review are clearly and prominently labeled ``Roofing'' or ``Roof''
nails.'' \3\ The Department considers the physical descriptions of the
steel nails to be the defining factor when determining whether certain
steel nails meet the proposed nail exclusions. Accordingly, we find
that the additional labeling requirement proposed by Petitioner is
unnecessary to define the nails subject to this exclusion and we are
preliminarily not adopting Petitioner's labeling requirement.
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\3\ See Petitioner's Request for Changed Circumstances Review at
3, dated February 11, 2001.
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While Petitioner requested that the Department make the effective
date of this CCR retroactive to January 23, 2008 (the date of the
preliminary determination in the original investigation), the
Department does not find this to be consistent with its recent
practice. Instead, the Department preliminarily determines that the
effective date for the partial revocation of this Order should be
August 1, 2009, the earliest date for which entries of certain steel
nails have not been subject to a completed administrative review. It is
the Department's practice to revoke (in whole or in part) an
antidumping duty order so that the effective date of revocation covers
entries that have not been subject to a completed administrative
review. See, e.g., Coumarin from the PRC \4\ and Aspirin from the
PRC.\5\ Therefore, the Department preliminarily determines that it
shall partially revoke, effective August 1, 2009, the antidumping duty
order with respect to the four specific steel nails from the PRC
outlined in this notice, pursuant to sections 751(b) and (d) and 782(h)
of the Act, as well as 19 CFR 351.216 and 351.222(g).
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\4\ See Notice of the Final Results of Changed Circumstances
Review and Revocation of the Antidumping Order: Coumarin from the
People's Republic of China, 69 FR 24122 (May 3, 2004) (``Coumarin
from the PRC'').
\5\ See Notice of Final Results of Changed Circumstances Review
and Revocation of the Antidumping Duty Order: Bulk Aspirin from the
People's Republic of China, 69 FR 77726 (December 28, 2004)
(``Aspirin from the PRC'').
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that the Department may revoke an order if it determines that producers
accounting for substantially all of the production of the domestic like
product have no further interest in the order, in whole or in part.
In accordance with section 751(b) of the Act, and 19 CFR
351.216(b), we are initiating this changed circumstances review.
Petitioner stated in its February 11, 2011, request that itself, Maze
Nails (a division of W.H. Maze Company) (``Maze''), and Davis Wire (a
Heico Wire Group company) (``Davis''), the remaining three producers
from the original group of Petitioners, account for substantially all
domestic like product production. Petitioner further stated that Maze
and Davis support the request for a changed circumstances review as
filed by Petitioner on February 11, 2011.\6\ In accordance with section
751(b) of the Act and 19 CFR 351.222(g)(1)(i), we find that Petitioner,
along with the other domestic producers supporting the request,
comprise substantially all of the production of the domestic like
product. See Petitioner's Request for Changed Circumstances Review
dated February 11, 2011. Petitioner has expressed a lack of interest in
the order, in part, with respect to the four specific steel nails
identified above. Moreover, pursuant to 19 CFR 351.221(c)(3)(ii), the
Department has determined that expedited action is warranted due to the
expression of no interest by Petitioner and the supporting domestic
producers in applying the antidumping duty order to the specific four
nails identified in this request.
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\6\ Signed statements of support from Maze and Davis are
included in Petitioner's Request for Changed Circumstances Review
dated February 11, 2011, at Attachment 1.
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Based on the expression of no interest by Petitioner and the
supporting domestic producers, and absent any objection by any other
interested parties, we have preliminarily determined that the domestic
producers of the like product have no interest in the continued
application of the antidumping duty order on certain steel nails with
respect to the merchandise that is subject to this request.
Accordingly, we are notifying the public of our preliminarily results
to revoke, in part, the antidumping duty order as it relates to imports
of the four specific types of steel nails identified above. Therefore,
we intend to change the scope of the order on certain steel nails from
the PRC to include the following exclusion:
Excluded from the scope 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.
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the date of publication of these preliminary results. Rebuttals to
written comments, limited to issues raised in such comments, may be
filed no later than 21 days after the date of publication of these
preliminary results. The Department will issue the final results of
this changed circumstances review, which will include its analysis of
any written comments, no later than 270 days after the date on which
this review was initiated, or within 45 days if all parties agree to
our preliminary results. See 19 CFR 351.216(e).
If final partial revocation occurs, we will instruct U.S. Customs
and Border Protection (``CBP'') to liquidate, without regard to
applicable antidumping duties, all unliquidated entries of nails that
meet the above-noted specifications, and to refund any estimated
antidumping duties collected on such merchandise entered, or withdrawn
from warehouse, for consumption on or after August 1, 2009, the day
after the most recent period for which an administrative review was
completed. See 19 CFR 351.222(g)(4). The Department will further
instruct CBP to refund with interest any estimated duties collected
with respect to unliquidated entries of nails from the PRC entered, or
withdrawn from warehouse, for consumption on or after August 1, 2009,
in accordance with section 778 of the Act.
This initiation and preliminary results of review and notice are in
accordance with sections 751(b) and 777(i) of the
[[Page 22372]]
Act and 19 CFR 351.216, 351.221, and 351.222.
Dated: April 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-9717 Filed 4-20-11; 8:45 am]
BILLING CODE 3510-DS-P