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, 36019-36026 [2014-14858]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36019-36026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-859, A-580-874, A-557-816, A-523-808, A-583-854, A-489-820, A-
552-818]


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

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

DATES: Effective Date: June 25, 2014.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill at (202) 482-3518 
(India); Drew Jackson at (202) 482-4406 (the Republic of Korea 
(Korea)); Dena Crossland at (202) 482-3362 (Malaysia); Trisha Tran at 
(202) 482-4852 (the Sultanate of Oman (Oman)); Brian Davis at (202) 
482-7924 (Taiwan); Ericka Ukrow at (202) 482-0405 (the Republic of 
Turkey (Turkey)); or Edythe Artman at (202) 482-3931 (the Socialist 
Republic of Vietnam (Vietnam)), AD/CVD Operations, Enforcement and 
Compliance, U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On May 29, 2014, the Department of Commerce (the Department) 
received antidumping duty (AD) petitions concerning imports of certain 
steel nails from India, Korea, Malaysia, Oman, Taiwan, Turkey, and 
Vietnam filed in proper form on behalf of Mid Continent Steel & Wire, 
Inc. (Petitioner). The AD petitions were accompanied by seven 
countervailing duty (CVD) petitions.\1\ Petitioner is a domestic 
producer of certain steel nails.\2\
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    \1\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: 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, dated May 29, 2014 
(Petitions).
    \2\ See Volume I of the Petitions, at Exhibit General-1.
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    On June 3, 2014, the Department requested additional information 
and clarification of certain areas of the Petitions.\3\ Petitioner 
filed responses to

[[Page 36020]]

these requests on June 6, 2014,\4\ June 9, 2014,\5\ and June 10, 
2014.\6\ On June 11, 2014, Petitioner filed revised calculations for 
Volume VIII of the Petitions (concerning Vietnam) as requested by the 
Department.\7\
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    \3\ See Letter from the Department to Petitioner entitled ``Re: 
Petitions for the Imposition of Antidumping Duties on Imports of 
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: Supplemental Questions'' dated June 3, 2014 
(General Issues Supplemental Questionnaire), and Letters from the 
Department to Petitioner entitled ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Steel Nails from 
{country{time} : Supplemental Questions'' on each of the country-
specific records, dated June 3, 2014.
    \4\ 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: Petitioner's Response to the 
Department's June 3, 2014, Supplemental Questions on Volume I of the 
Petition, dated June 6, 2014 (General Issues Supplement), and 
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: Petitioner's Response to the Department's June 
3,2014 Supplemental Question on Volume {volume number{time}  of the 
Petition, dated June 6, 2014 ({country{time}  Supplement).
    \5\ See Certain Steel Nails from Korea: Petitioner's Response to 
the Department's June 3, 2014 Supplemental Question on Volume III of 
the Petition, dated June 9, 2014 (Korea Supplement).
    \6\ On June 10, 2014, we received revised declarations regarding 
pricing information obtained by Petitioner for India, Korea, 
Malaysia, Oman, Taiwan, Turkey, and Vietnam. See Certain Steel Nails 
from {country{time} : Submission of Foreign Market Researcher 
Declaration, dated June 10, 2014.
    \7\ See Letter from Petitioner to the Department entitled ``Re: 
Certain Steel Nails from the Socialist Republic {of{time}  Vietnam: 
Petitioner's Revised Calculations in Response to Department 
Instruction for Volume VIII of the Petition,'' dated June 11, 2014.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that imports of certain steel 
nails from India, Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam 
are being, or are likely to be, sold in the United States at less than 
fair value within the meaning of section 731 of the Act and that such 
imports are materially injuring, or threatening material injury to, an 
industry in the United States. Also, consistent with section 732(b)(1) 
of the Act, the Petitions are accompanied by information reasonably 
available to Petitioner supporting its allegations.
    The Department finds that Petitioner filed these Petitions on 
behalf of the domestic industry because Petitioner is an interested 
party as defined in section 771(9)(C) of the Act. The Department also 
finds that Petitioner demonstrated sufficient industry support with 
respect to the initiation of the AD investigations that Petitioner is 
requesting.\8\
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    \8\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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Periods of Investigation

    Because the Petitions were filed on May 29, 2014, the periods of 
investigation (POI) are, pursuant to 19 CFR 351.204(b)(1), as follows: 
April 1, 2013, through March 31, 2014, for India, Korea, Malaysia, 
Oman, Taiwan, and Turkey, and October 1, 2013, through March 31, 2014, 
for Vietnam.

Scope of the Investigations

    The product covered by these investigations is certain steel nails 
from India, Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam. For a 
full description of the scope of these investigations, see the ``Scope 
of the Investigations,'' in Appendix I of this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to, and received responses from, Petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petitions would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\9\
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    \9\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement; see also 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: 
Petitioner's Revised Scope Description in Response to Department 
Direction (Scope Supplement to the Petition), dated June 13, 2014.
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    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (``scope''). The period for scope comments 
is intended to provide the Department with ample opportunity to 
consider all comments and to consult with parties prior to the issuance 
of the preliminary determination. If scope comments include factual 
information (see 19 CFR 351.102(b)(21)), all such factual information 
should be limited to public information. All such comments must be 
filed by 5:00 p.m. Eastern Daylight Time (EDT) on July 8, 2014, which 
is 20 calendar days from the signature date of this notice. Any 
rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. EDT on July 18, 2014, which is 10 calendar days after the 
initial comments.
    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must be filed on the records of each of the concurrent AD and 
CVD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS).\10\ An 
electronically filed document must be received successfully in its 
entirety by the time and date when it is due. Documents excepted from 
the electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, and stamped with the date and time of 
receipt by the applicable deadlines.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on help using IA ACCESS can be found 
at https://iaaccess.trade.gov/help.aspx and a handbook can be found 
at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of certain steel nails to be 
reported in response to the Department's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors and 
costs of production accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe certain steel nails, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in

[[Page 36021]]

matching products. Generally, the Department attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all comments must be 
filed by 5:00 p.m. EDT on July 8, 2014, which is twenty calendar days 
from the signature date of this notice. Any rebuttal comments must be 
filed by 5:00 p.m. EDT on July 15, 2014. All comments and submissions 
to the Department must be filed electronically using IA ACCESS, as 
explained above, on the records of the India, Korea, Malaysia, Oman, 
Taiwan, Turkey, and Vietnam less-than-fair-value investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product (see section 771(10) of the Act), they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law.\11\
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    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
these investigations. Based on our analysis of the information 
submitted on the record, we have determined that certain steel nails 
constitute a single domestic like product and we analyzed industry 
support in terms of that domestic like product.\12\
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    \12\ For a discussion of the domestic like product analysis in 
these investigations, see Antidumping Duty Investigation Initiation 
Checklist: Certain Steel Nails from India (India AD Initiation 
Checklist) at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering 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 (Attachment II); Antidumping Duty Investigation Initiation 
Checklist: Certain Steel Nails from the Republic of Korea (Korea AD 
Initiation Checklist), at Attachment II; Antidumping Duty 
Investigation Initiation Checklist: Certain Steel Nails from 
Malaysia (Malaysia AD Initiation Checklist), at Attachment II; 
Antidumping Duty Investigation Initiation Checklist: Certain Steel 
Nails from the Sultanate of Oman (Oman AD Initiation Checklist), at 
Attachment II; Antidumping Duty Investigation Initiation Checklist: 
Certain Steel Nails from Taiwan (Taiwan AD Initiation Checklist), at 
Attachment II; Antidumping Duty Investigation Initiation Checklist: 
Certain Steel Nails from the Republic of Turkey (Turkey AD 
Initiation Checklist), at Attachment II; and Antidumping Duty 
Investigation Initiation Checklist: Certain Steel Nails from the 
Socialist Republic of Vietnam (Vietnam AD Initiation Checklist), at 
Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via IA ACCESS. Access to documents 
filed via IA ACCESS is also available in the Central Records Unit 
(CRU), Room 7046 of the main Department of Commerce building.
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    In determining whether Petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, Petitioner provided its own 
production of the domestic like product in 2013, as well as the 2013 
production of companies that support the Petitions.\13\ Petitioner 
compared the total production of itself and supporters of the Petitions 
to the estimated total production of the domestic like product for the 
entire domestic industry.\14\ Petitioner estimated 2013 production of 
the domestic like product by non-petitioning companies based on its 
knowledge of the industry and the production capabilities and market 
shares of U.S. producers.\15\ We have relied upon data Petitioner 
provided for purposes of measuring industry support.\16\
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    \13\ See Volume I of the Petitions, at 5 and Exhibit General-1.
    \14\ Id., at Exhibit General-1; see also General Issues 
Supplement, at 7 and Exhibit General Supp-4.
    \15\ Id.
    \16\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, Malaysia AD Initiation Checklist, Oman AD Initiation 
Checklist, Taiwan AD Initiation Checklist, Turkey AD Initiation 
Checklist, and Vietnam AD Initiation Checklist, at Attachment II.
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    Based on information provided in the Petitions, supplemental 
submissions, and other information readily available to the Department, 
we determine that Petitioner has met the statutory criteria for 
industry support under section 732(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
at least 25 percent of the total production of the domestic like 
product.\17\ Based on information provided in the Petitions, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions. Accordingly, the Department determines 
that the Petitions were filed on behalf of the domestic industry within 
the meaning of section 732(b)(1) of the Act.\18\
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    \17\ Id.
    \18\ Id.
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    The Department finds that Petitioner filed the Petitions on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the AD

[[Page 36022]]

investigations that it is requesting the Department initiate.\19\
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    \19\ Id.
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Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the individual and cumulated imports of 
the subject merchandise sold at less than normal value (NV). In 
addition, with regard to Korea, Malaysia, Oman, Taiwan, and Vietnam, 
Petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\20\ With 
regard to India and Turkey, while the allegedly dumped imports from 
these two countries do not exceed the statutory requirements for 
negligibility, Petitioner alleges and provides supporting evidence that 
these imports will imminently exceed the negligibility threshold and, 
therefore, are not negligible.\21\ Petitioner's arguments are 
consistent with the statutory criteria for ``negligibility in threat 
analysis'' under section 771(24)(A)(iv) of the Act, which provides that 
imports shall not be treated as negligible if there is a potential that 
subject imports from a country will imminently exceed the statutory 
requirements for negligibility.
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    \20\ See Volume I of the Petitions at 29 and Exhibit Injury-5.
    \21\ Id. at 29-32 and Exhibits Injury-2, Injury-5, Injury-6 and 
Injury-8 through Injury-13.
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    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; underutilized capacity; shut 
downs and plant closures; reduced employment; and reduced 
profitability.\22\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence and meet the statutory requirements for 
initiation.\23\
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    \22\ See Volume I of the Petitions, at 13-58 and Exhibits 
General-6 and Injury-1 through Injury-26; see also General Issues 
Supplement, at 1 and Exhibit General Supp-1.
    \23\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, Malaysia AD Initiation Checklist, Oman AD Initiation 
Checklist, Taiwan AD Initiation Checklist, Turkey AD Initiation 
Checklist, and Vietnam AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering 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.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department based its decision to 
initiate investigations of imports of certain steel nails from India, 
Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam. The sources of data 
for the deductions and adjustments relating to U.S. price and NV are 
discussed in greater detail in the country-specific initiation 
checklists.

Export Price

    For India, Korea, Oman, Taiwan, and Vietnam, Petitioner based U.S. 
price on a resale price from a U.S. distributor/trading company to its 
downstream customers in the United States.\24\
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    \24\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, Oman AD Initiation Checklist, Taiwan AD Initiation 
Checklist, and Vietnam AD Initiation Checklist.
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    For Turkey, Petitioner based U.S. price on price quotes for subject 
merchandise produced in Turkey by a producer of certain steel nails in 
that country and sold directly to a large distributor in the United 
States.\25\
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    \25\ See Turkey AD Initiation Checklist.
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    For Malaysia, Petitioner based U.S. price on price quotes for 
subject merchandise produced in Malaysia by producer(s) of certain 
steel nails in that country and sold directly to a distributor in the 
United States as well as on a resale price from a U.S. distributor/
trading company to its downstream customers in the United States.\26\
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    \26\ See Malaysia AD Initiation Checklist.
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    Petitioner obtained these price quotes from persons who directly 
received this information.\27\
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    \27\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, Malaysia AD Initiation Checklist, Oman AD Initiation 
Checklist, Taiwan AD Initiation Checklist, Turkey AD Initiation 
Checklist, and Vietnam AD Initiation Checklist.
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    For India, Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam, 
Petitioner made deductions for movement and other expenses consistent 
with the sales and delivery terms of the price quotes.\28\ For India, 
Korea, Malaysia, Oman, Taiwan, and Vietnam, Petitioner additionally 
adjusted the quoted U.S. prices for mark-ups from the distributors/
trading companies.\29\ Petitioner made no other adjustments to U.S. 
price.
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    \28\ Id.
    \29\ Id.
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Normal Value

    For India, Korea, Malaysia, and Turkey, Petitioner based NV on 
price quotes provided for the foreign like product produced in the 
subject country by producer(s) of certain steel nails in that country 
and sold or offered for sale in the subject country by producer(s) and/
or traders of certain steel nails.\30\
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    \30\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, Malaysia AD Initiation Checklist, and Turkey AD 
Initiation Checklist.
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    For Taiwan and Oman, Petitioner was unable to obtain home-market or 
third-country prices; accordingly, Petitioner based NV on constructed 
value (CV).\31\
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    \31\ See Oman AD Initiation Checklist and Taiwan AD Initiation 
Checklist.
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    For India, Korea, Malaysia, and Turkey, Petitioner made deductions 
for movement expenses consistent with the terms of delivery.\32\
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    \32\ See Korea AD Initiation Checklist, Malaysia AD Initiation 
Checklist, and Turkey AD Initiation Checklist.
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    With respect to Vietnam, Petitioner states that the Department has 
long treated it as a non-market-economy (NME) country.\33\ In 
accordance with section 771(18)(C)(i) of the Act, the presumption of 
NME status remains in effect until revoked by the Department. As the 
presumption of NME status for Vietnam has not been revoked by the 
Department, it remains in effect for purposes of the initiation of the 
investigation of certain steel nails from Vietnam. Accordingly, the NV 
of the product is appropriately based on factors of production (FOPs), 
valued in a surrogate market-economy country in accordance with section 
773(c) of the Act. In the course of this investigation, all parties, 
including the public, will have the opportunity to provide relevant 
information related to the issues of Vietnam's NME status and the 
granting of separate rates to individual exporters.
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    \33\ See Volume VIII of the Petition, at 11.
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    Petitioner claims that India is an appropriate surrogate country 
because it is a market economy that is at a level of economic 
development comparable to that of Vietnam, it is a significant producer 
of comparable merchandise, and the data for valuing FOPs are both 
available and reliable.\34\
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    \34\ Id. at 12.
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    Based on the information provided by Petitioner, we believe it is 
appropriate to use India as a surrogate country for initiation 
purposes. Interested parties will have the opportunity to submit 
comments regarding surrogate-country selection and will be provided an 
opportunity to submit publicly available information to value FOPs 
within 30 days before the scheduled date of the preliminary 
determination.\35\
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    \35\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised 
regulation published on April 1, 2013. See https://www.gpo.gov/fdsys/pkg/CFR-2013-title19-vol3/html/CFR-2013-title19-vol3.htm.

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[[Page 36023]]

Factors of Production

    Petitioner based the FOPs for materials, labor, and energy on the 
product-specific consumption rates of a non-Vietnamese producer of nail 
products, as it had no access to the consumption rates of a Vietnamese 
producer of certain steel nails.\36\ Petitioner asserts that the 
experience of this producer is appropriate for comparison to Vietnamese 
certain steel nails producers because this producer manufactures 
comparable merchandise.\37\
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    \36\ See Volume VIII of the Petition, at 13 and Exhibit Vietnam 
AD-13
    \37\ Id.
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Valuation of Raw Materials

    Petitioner valued the FOP for carbon steel wire rod (i.e., the 
primary raw material used to produce the subject merchandise) using 
price data published in Steel Insights.\38\ For all other raw 
materials, including wire rod scrap and packing materials, Petitioner 
relied upon Indian import statistics published by Global Trade Atlas 
for the period from August 2013 through January 2014, the most POI-
contemporaneous 6-month period of data available.\39\ In its 
calculations of surrogate values based on these data, Petitioner 
excluded all import data from countries previously determined by the 
Department to maintain broadly available, non-industry-specific export 
subsidies and from countries previously determined by the Department to 
be NME countries. In addition, in accordance with the Department's 
practice, the average import value excludes imports that were labeled 
as originating from an unidentified country.
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    \38\ See Volume VIII of the Petition at 15 through 16 and 
Exhibit Vietnam AD-16. Steel Insights is an Indian monthly 
publication of steel prices issued by the Joint Plant Committee, 
Kolkata.
    \39\ Id. at 15 through 16 and Exhibit Vietnam AD-15.
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Valuation of Labor

    Petitioner calculated labor for wire-drawing and nail production 
using industry-specific wage rates for India from the Yearbook of Labor 
Statistics, a labor database compiled by the International Labor 
Organization.\40\ Petitioner adjusted these rates, which date from 
2005, for inflation using the Consumer Price Index for India, published 
in the International Monetary Fund's International Financial 
Statistics.\41\
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    \40\ Id. at 16 through 17 and Exhibit Vietnam AD-18.
    \41\ Id.
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Valuation of Energy and Water

    Petitioner valued electricity based on data, dated no later than 
March 2008 and pertaining to industrial users, from the Central 
Electricity Authority of the Government of India.\42\ In keeping with 
the Department's methodology in Certain Oil Country Tubular Goods From 
Socialist Republic of Vietnam: Preliminary Determination of Sales at 
Less Than Fair Value, Affirmative Preliminary Determination of Critical 
Circumstances, in Part, and Postponement of Final Determination, 79 FR 
10478 (February 25, 2014), Petitioner did not adjust these data for 
inflation because the rates listed in the source became effective on a 
variety of dates.\43\ Petitioner valued natural gas based on a rate 
obtained from the International Energy Agency's 2010 working paper 
entitled ``Natural Gas in India.'' \44\
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    \42\ See Volume VIII of the Petition at 17-18 and Exhibit 
Vietnam AD-19.
    \43\ Id. at 17 through 18 and Exhibit Vietnam AD-19.
    \44\ Id., at 18 and Exhibit Vietnam AD-19.
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    Petitioner valued water based on data pertaining to Indian 
industrial users from the Maharashtra Industrial Development 
Corporation (MIDC). From the MIDC's Web site, Petitioner was able to 
confirm that the rates in effect in April 2011 remained in effect as of 
May 2014.\45\
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    \45\ Id. at 18 through 19 and Exhibit Vietnam AD-19.
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Valuation of Factory Overhead, Selling, General and Administrative 
Expenses, and Profit

    Petitioner calculated surrogate financial ratios (i.e., 
manufacturing overhead, selling, general and administrative (SG&A) 
expenses, and profit) using the 2012-2013 audited, consolidated 
financial statement of Sundram Fasteners Ltd. (Sundram), an Indian 
producer of comparable merchandise (i.e., steel fasteners), which is 
produced utilizing similar methods to those used to produce certain 
steel nails and which serve the same purpose of holding together two or 
more different materials.\46\ Petitioner noted that Sundram's financial 
statement is a publicly-available source and that this company's 
financial information has been relied upon by the Department in 
previous NME proceedings involving certain steel nails.\47\
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    \46\ Id. at 20 through 22 and Exhibit Vietnam AD-20.
    \47\ Id. at 21.
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Normal Value Based on Constructed Value

    For Oman and Taiwan, Petitioner based NV on CV, as neither a home 
market nor a third country price was reasonably available. Pursuant to 
section 773(e) of the Act, CV consists of the cost of manufacturing 
(COM); SG&A expenses; financial expenses; packing expenses; and profit.
    For Oman, Petitioner calculated COM (except for labor and 
depreciation) based on the experience of a surrogate producer of nails, 
adjusted for known differences between the surrogate producer and the 
industry of Oman, during the proposed POI. Petitioner multiplied the 
surrogate producer's usage quantities by publicly-available data to 
value the inputs used to manufacture certain steel nails in Oman.\48\ 
To determine labor, depreciation, SG&A, financial expenses, and profit 
rates, Petitioner relied on financial statements of producers of 
comparable merchandise operating in Oman.\49\
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    \48\ See Oman AD Initiation Checklist.
    \49\ Id.
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    For Taiwan, Petitioner calculated COM (except for depreciation) 
based on the experience of a surrogate producer of nails, adjusted for 
known differences between the surrogate producer and the industry of 
Taiwan, during the proposed POI. Petitioner multiplied the surrogate 
producer's usage quantities by publicly-available data to value the 
inputs used to manufacture certain steel nails in Taiwan.\50\ To 
determine depreciation, SG&A, financial expenses, and profit rates, 
Petitioner relied on financial statements of a producer of comparable 
merchandise operating in Taiwan.\51\
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    \50\ See Taiwan AD Initiation Checklist.
    \51\ Id.
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Fair Value Comparisons

    Based on the data provided by Petitioner, there is reason to 
believe that imports of certain steel nails from India, Korea, 
Malaysia, Oman, Taiwan, Turkey, and Vietnam are being, or are likely to 
be, sold in the United States at less than fair value. Based on 
comparisons of export price (EP) to NV in accordance with section 
773(a) of the Act, the estimated dumping margin(s) for certain steel 
nails from: (1) India range from 450.96 percent to 589.78 percent; \52\ 
(2) Korea range from 57.07 percent to 61.09 percent; \53\ (3) Malaysia 
range from 27.86 percent to 39.35 percent; \54\ (4) Oman is 154.33

[[Page 36024]]

percent; \55\ (5) Taiwan is 78.17; \56\ and 6) Turkey range from 41.19 
percent to 115.56 percent.\57\ Based on comparisons of EP to NV, in 
accordance with section 773(c) of the Act, the estimated dumping margin 
for certain steel nails from Vietnam is 323.99 percent.\58\
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    \52\ See India AD Initiation Checklist.
    \53\ See Korea AD Initiation Checklist.
    \54\ See Malaysia AD Initiation Checklist.
    \55\ See Oman AD Initiation Checklist.
    \56\ See Taiwan AD Initiation Checklist.
    \57\ See Turkey AD Initiation Checklist.
    \58\ See Vietnam AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the AD Petitions on certain steel 
nails from India, Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam, 
we find that the Petitions meet the requirements of section 732 of the 
Act. Therefore, we are initiating AD investigations to determine 
whether imports of certain steel nails from India, Korea, Malaysia, 
Oman, Taiwan, Turkey, and Vietnam are being, or are likely to be, sold 
in the United States at less than fair value. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Respondent Selection

    Petitioner named 22 companies as producers/exporters of certain 
steel nails from India, 40 from Korea, 44 from Malaysia, 7 from Oman, 
135 from Taiwan, and 12 from Turkey.\59\ Following standard practice in 
AD investigations involving market-economy countries, the Department 
will, where appropriate, select respondents based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports of certain steel nails 
under Harmonized Tariff Schedule of the United States (HTSUS) numbers: 
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.\60\ For India, Korea, 
Malaysia, Oman, Taiwan, and Turkey, we intend to release CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO within five-business days of publication 
of this Federal Register notice. The Department invites comments 
regarding respondent selection within seven days of publication of this 
Federal Register notice.
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    \59\ See the Petitions at Volume I, Exhibit General-5.
    \60\ We note that HTSUS number 7317.00.55.01 covers merchandise 
excluded from the scope of these investigations. Therefore, we will 
not rely upon imports under this HTSUS number in our respondent 
selection analyses.
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    With respect to Vietnam, Petitioner identified 15 potential 
respondents.\61\ In accordance with our standard practice for 
respondent selection in cases involving NME countries, we intend to 
issue quantity and value questionnaires to each potential respondent 
and base respondent selection on the responses received. In addition, 
the Department will post the quantity-and-value questionnaire along 
with filing instructions on the Enforcement and Compliance Web site at 
https://www.trade.gov/enforcement/news.asp.
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    \61\ See the Petitions at Volume I, Exhibit General-5.
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    Exporters/producers of certain steel nails from Vietnam that do not 
receive quantity-and-value questionnaires by mail may still submit a 
quantity and value response and can obtain a copy from the Enforcement 
and Compliance Web site. The quantity-and-value questionnaire must be 
submitted by all Vietnam exporters/producers no later than July 2, 
2014, which is two-weeks from the signature date of this notice. All 
quantity-and-value questionnaires must be filed electronically via IA 
ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\62\ 
The specific requirements for submitting a separate-rate application in 
the Vietnam investigation are outlined in detail in the application 
itself, which is available on the Department's Web site at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 60 days after publication of this initiation 
notice. For exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents, these 
exporters and producers will only be eligible for consideration for 
separate-rate status when they respond to all parts of the 
questionnaire as mandatory respondents. The Department requires that 
respondents from Vietnam submit a response to both the quantity-and-
value questionnaire and the separate-rate application by their 
respective deadlines in order to receive consideration for separate-
rate status.
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    \62\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
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Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation. The Separate Rates and Combination Rates Bulletin 
states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\63\
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    \63\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of India, Korea, Malaysia, Oman, Taiwan, 
Turkey, and Vietnam via IA ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petitions to 
each exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of certain steel nails from India, Korea, 
Malaysia, Oman, Taiwan, Turkey, and Vietnam are materially injuring or 
threatening material injury to a U.S. industry.\64\ A negative ITC 
determination for any country will result in the investigation being 
terminated with respect to that country; \65\ otherwise, these

[[Page 36025]]

investigations will proceed according to statutory and regulatory time 
limits.
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    \64\ See section 733(a) of the Act.
    \65\ Id.
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Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and CVD proceedings: The definition of 
factual information (19 CFR 351.102(b)(21)), and the time limits for 
the submission of factual information (19 CFR 351.301). The final rule 
identifies five categories of factual information in 19 CFR 
351.102(b)(21), which are summarized as follows: (i) Evidence submitted 
in response to questionnaires; (ii) evidence submitted in support of 
allegations; (iii) publicly available information to value factors 
under 19 CFR 351.408(c) or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The final rule requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted and, if the information is submitted 
to rebut, clarify, or correct factual information already on the 
record, to provide an explanation identifying the information already 
on the record that the factual information seeks to rebut, clarify, or 
correct. The final rule also modified 19 CFR 351.301 so that, rather 
than providing general time limits, there are specific time limits 
based on the type of factual information being submitted. These 
modifications are effective for all proceeding segments initiated on or 
after May 10, 2013, and thus are applicable to these investigations. 
Review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt prior to submitting factual information in 
these investigations.

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in AD and CVD 
proceedings.\66\ The modification clarifies that parties may request an 
extension of time limits before a time limit established under 19 CFR 
351 expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under Part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Examples include but are not limited to: (1) Case and rebuttal briefs, 
filed pursuant to 19 CFR 351.309; (2) factual information to value 
factors under section 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under section 19 CFR 351.511(a)(2) filed pursuant to 19 
CFR 351.301(c)(3) and rebuttal, clarification and correction filed 
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the 
selection of a surrogate country and surrogate values and rebuttal; (4) 
comments concerning CBP data; and (5) quantity-and-value 
questionnaires. Under certain circumstances, the Department may elect 
to specify a different time limit by which extension requests will be 
considered untimely for submissions which are due from multiple parties 
simultaneously. In such a case, the Department will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This modification also requires that an extension 
request must be made in a separate, stand-alone submission, and 
clarifies the circumstances under which the Department will grant 
untimely filed requests for the extension of time limits. These 
modifications are effective for all segments initiated on or after 
October 21, 2013. Review Extension of Time Limits; Final Rule, 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this segment.
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    \66\ See Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013).
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\67\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\68\ The Department intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
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    \67\ See section 782(b) of the Act.
    \68\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of letters of appearance as discussed in 19 CFR 
351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: June 18, 2014.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigations

    The merchandise covered by these investigations is certain steel 
nails having a nominal shaft length not exceeding 12 inches.\69\ 
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

[[Page 36026]]

regardless of size, is equal to or greater than 25.
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    \69\ 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 these investigations 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 these investigations 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 these investigations 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 these investigations 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 these investigations 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 these investigations are thumb 
tacks, which are currently classified under HTSUS 7317.00.10.00.
    Certain steel nails subject to these investigations 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 
these investigations 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 these 
investigations is dispositive.

[FR Doc. 2014-14858 Filed 6-24-14; 8:45 am]
BILLING CODE 3510-DS-P