Certain Steel Nails From the United Arab Emirates: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 27421-27422 [2012-11340]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27421-27422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11340]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

DATES: Effective Date: May 10, 2012.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on certain steel 
nails (nails) from the United Arab Emirates (UAE). In addition, the 
Department is amending its final determination to correct certain 
ministerial errors.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0665 
or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on March 23, 2012, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of nails from the UAE. See Certain 
Steel Nails from the United Arab Emirates: Final Determination of Sales 
at Less Than Fair Value, 77 FR 17029 (March 23, 2012) (Final 
Determination). On May 2, 2012, the ITC notified the Department of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of less-than-fair-value imports of nails from the UAE. 
See Certain Steel Nails from the United Arab Emirates, USITC 
Investigation No. 731-TA-1185 (Final), USITC Publication 4321 (May 
2012).
    Pursuant to section 736(a) of the Act, the Department is publishing 
an antidumping duty order on the subject merchandise.

Scope of the Order

    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.

Amendment to the Final Determination

    On March 23, 2012, the Department published its affirmative final 
determination in this proceeding. See Final Determination. On March 26, 
2012, the respondents in the investigation, Dubai Wire FZE and 
Precision Fasteners LLC, submitted timely ministerial error allegations 
and requested, pursuant to 19 CFR 351.224, that the Department correct 
the alleged ministerial errors in the dumping margin calculations. On 
March 30, 2012, the petitioner in this proceeding, Mid Continent Nail 
Corporation, filed

[[Page 27422]]

rebuttal comments. No other interested party submitted ministerial 
error allegations or rebuttal comments.
    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with section 735(e) of the Act and 19 
CFR 351.224(e), that we made a ministerial error in our calculations 
for the Final Determination with respect to both companies. 
Specifically, we calculated the constructed value (CV) profit ratio on 
a basis different from how it was applied in the margin calculations in 
deriving a value for CV profit. For a detailed discussion of the 
alleged ministerial errors, as well as the Department's analysis, see 
Memorandum to Paul Piquado, Assistant Secretary for Import 
Administration, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled, ``Ministerial 
Error Allegations in the Final Determination of the Antidumping Duty 
Investigation of Certain Steel Nails from the United Arab Emirates: 
Precision Fasteners, LLC and Dubai Wire FZE,'' dated April 23, 2012 
(Ministerial Error Memo). After correcting the aforementioned 
ministerial error, the amended weighted average dumping margins changed 
from 2.80 to 2.51 percent for Precision Fasteners LLC and from 6.29 to 
6.09 percent for Dubai Wire FZE.\1\
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    \1\ In the Ministerial Error Memo, the amended weighted average 
margin for Precision Fasteners LLC was stated inadvertently as 2.52 
percent, rather than 2.51 percent. See Memorandum to File entitled 
``Antidumping Duty Investigation on Certain Steel Nails from the 
United Arab Emirates: Analysis Memorandum for Precision Fasteners, 
LLC with respect to the Ministerial Errors in the Final 
Determination,'' dated April 23, 2012; and Memorandum to File 
entitled ``Certain Steel Nails from the United Arab Emirates--
Correction to April 23, 2012, Memorandum,'' dated May 1, 2012.
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    In the Final Determination, pursuant to section 735(c)(5)(A) of the 
Act, we determined the estimated all-others rate as a simple-average of 
the weighted-average dumping margins we determined for Dubai Wire FZE 
and Precision Fasteners LLC. See Final Determination. Because the 
weighted-average dumping margins for both companies changed as a result 
of the aforementioned ministerial error, we have amended the all-others 
rate accordingly. The amended all-others rate is provided below.

Antidumping Duty Order

    As stated above, on May 2, 2012, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determination 
in this investigation, in which it found material injury with respect 
to nails from the UAE. Because the ITC determined that imports of nails 
from the UAE are materially injuring a U.S. industry, all unliquidated 
entries of such merchandise from the UAE, entered or withdrawn from 
warehouse, are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of nails from the UAE. These 
antidumping duties will be assessed on unliquidated entries of nails 
from the UAE entered, or withdrawn from warehouse, for consumption on 
or after November 3, 2011, the date on which the Department published 
its Preliminary Determination,\2\ but will not include entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final injury determination as further 
described below.
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    \2\ See Certain Steel Nails from the United Arab Emirates: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 76 FR 68129 (November 3, 2011) 
(Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of nails 
from the UAE. We will also instruct CBP to require cash deposits equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as indicated below. These instructions suspending liquidation 
will remain in effect until further notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below. See section 736(a)(3) of 
the Act.

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of exports of nails from the UAE, we extended the four-month 
period to no more than six months. See letters from Dubai Wire FZE and 
Precision Fasteners LLC, both dated October 4, 2011. In the underlying 
investigation, the Department published the Preliminary Determination 
on November 3, 2011. See Preliminary Determination. Therefore, the six-
month period beginning on the date of the publication of the 
Preliminary Determination ended on May 1, 2012. Furthermore, section 
737(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of nails from the UAE entered, or withdrawn from 
warehouse, for consumption after May 1, 2012, the date provisional 
measures expired, and through the day preceding the date of publication 
of the ITC's final injury determination in the Federal Register. 
Suspension of liquidation will resume on and after the date of 
publication of the ITC's final injury determination in the Federal 
Register.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
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Dubai Wire FZE.............................................         6.09
Precision Fasteners LLC....................................         2.51
Tech Fast International Ltd................................       184.41
All Others.................................................         4.30
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    This notice constitutes the antidumping duty order with respect to 
nails from the UAE pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 7043 of 
the main Commerce building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order and amended final determination are published in 
accordance with sections 736(a) and 735(e) of the Act and 19 CFR 
351.211 and 351.224(e).

    Dated: May 4, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-11340 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P