Certain Steel Nails From Malaysia: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 65179-65181 [2014-26073]
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Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
Consistent with section 703(d) of the
Act, the Department has not calculated
an all-others rate because it has not
reached an affirmative preliminarily
determination. Because the estimated
subsidy rate for the examined company
is de minimis, we will not direct U.S.
Customs and Border Protection to
suspend liquidation of entries of subject
merchandise from Oman.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.5
Interested parties may submit case and
rebuttal briefs,6 and request a hearing.7
For a schedule of the deadlines for filing
case briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision
Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix 1
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.8 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
4 In accordance with 703(b)(4) of the Act, we are
disregarding de minimis subsidies for the purposes
of this preliminary determination.
5 See 19 CFR 351.224(b).
6 See 19 CFR 351.309(c) and (d).
7 See 19 CFR 351.510.
8 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.
VerDate Sep<11>2014
19:26 Oct 31, 2014
Jkt 235001
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
regardless of size, is equal to or greater than
25.
Excluded from the scope of this
investigation are certain steel nails packaged
in combination with one or more non-subject
articles, if the total number of nails of all
types, in aggregate regardless of size, is less
than 25.
Also excluded from the scope of this
investigation are steel nails that meet the
specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM
Standard F1667 (2013 revision).
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this
investigation are nails having a case hardness
greater than or equal to 50 on the Rockwell
Hardness C scale (‘‘HRC’’), a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
7317.00.10.00.
Certain steel nails subject to this
investigation are currently classified under
HTSUS subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to
this investigation also may be classified
under HTSUS subheading 8206.00.00.00.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix 2
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All Others Rate
X. United States International Trade
Commission (ITC) Notification
XI. Disclosure and Public Comment
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
65179
XII. Verification
XIII. Recommendation
[FR Doc. 2014–26071 Filed 10–31–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–557–817]
Certain Steel Nails From Malaysia:
Preliminary Negative Countervailing
Duty Determination and Alignment of
Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) preliminarily
determines that de minimis
countervailable subsidies are being
provided to producers and exporters of
certain steel nails (nails) from Malaysia.
The period of investigation is January 1,
2013, through December 31, 2013.
Interested parties are invited to
comment on this preliminary
determination.
SUMMARY:
DATES:
Effective Date: November 3,
2014.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair and Ilissa Shefferman, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3813 and (202)
482–4684, respectively.
On June
25, 2014, the Department initiated this
countervailing duty (CVD)
investigation.1 On the same day, the
Department also initiated an
antidumping duty (AD) investigation of
nails from Malaysia.2 On August 7, in
response to a request from the
Petitioner, Mid-Continent Steel & Wire,
Inc., the Department postponed the
preliminary determinations in the CVD
investigations.
SUPPLEMENTARY INFORMATION:
1 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, 79 FR 36014 (June 25, 2014).
2 See Certain Steel Nails From the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam: Initiation of
Antidumping Duty Investigations, 79 FR 36019
(June 25, 2014).
E:\FR\FM\03NON1.SGM
03NON1
65180
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
Alignment of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
In accordance with section 705(a)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4), and
based on Petitioner’s request, we are
aligning the final CVD determination in
this investigation with the final
determination in the companion AD
investigation of nails from Malaysia.
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
March 2, 2015, unless postponed.
Scope of the Investigation
The products covered by this
investigation are certain steel nails. For
a complete description of the scope of
the investigation, see Appendix 1 to this
notice.
Methodology
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.3 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination
We preliminarily determine the
countervailable subsidy rates to be:
mstockstill on DSK4VPTVN1PROD with NOTICES
3 See
Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance regarding ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain Steel
Nails from Malaysia,’’ dated concurrently with this
notice (Preliminary Decision Memorandum). For a
list of topics discussed in the Preliminary Decision
Memorandum, see Appendix 2 to this notice.
VerDate Sep<11>2014
17:37 Oct 31, 2014
Jkt 235001
Company
Subsidy rate
Inmax Sdn. Bhd. and
Inmax Industries Sdn.
Bhd.
Region International Co.,
Ltd. and Region System
Sdn. Bhd.
0.01 percent (de
minimis).4
0.02 percent (de
minimis).5
Consistent with section 703(d) of the
Act, the Department has not calculated
an all-others rate because it has not
reached an affirmative preliminarily
determination. Because the estimated
subsidy rates for the examined
companies are de minimis, we will not
direct U.S. Customs and Border
Protection to suspend liquidation of
entries of subject merchandise from
Malaysia.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.6
Interested parties may submit case and
rebuttal briefs,7 and request a hearing.8
For a schedule of the deadlines for filing
case briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision
Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix 1
Scope of the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.9 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
4 In accordance with 703(b)(4) of the Act, we are
disregarding de minimis subsidies for the purposes
of this preliminary determination.
5 Id.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c) and (d).
8 See 19 CFR 351.510.
9 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.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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
regardless of size, is equal to or greater than
25.
Excluded from the scope of this
investigation are certain steel nails packaged
in combination with one or more non-subject
articles, if the total number of nails of all
types, in aggregate regardless of size, is less
than 25.
Also excluded from the scope of this
investigation are steel nails that meet the
specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM
Standard F1667 (2013 revision).
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this
investigation are nails having a case hardness
greater than or equal to 50 on the Rockwell
Hardness C scale (‘‘HRC’’), a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
7317.00.10.00.
Certain steel nails subject to this
investigation are currently classified under
HTSUS subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to
this investigation also may be classified
under HTSUS subheading 8206.00.00.00.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
E:\FR\FM\03NON1.SGM
03NON1
65181
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
Appendix 2
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Respondent Selection
7. Injury Test
8. Subsidies Valuation
9. Analysis of Programs
10. Calculation of the All Others Rate
11. ITC Notification
12. Disclosure and Public Comment
13. Verification
14. Conclusion
[FR Doc. 2014–26073 Filed 10–31–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–583–855]
Certain Steel Nails From Taiwan:
Preliminary Negative Countervailing
Duty Determination and Alignment of
Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that de minimis
countervailable subsidies are being
provided to producers and exporters of
certain steel nails (nails) from Taiwan.
The period of investigation is January 1,
2013, through December 31, 2013.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Effective Date: November 3,
2014.
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Joshua Morris or Austin Redington, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1779 and (202)
482–1664, respectively.
SUPPLEMENTARY INFORMATION: On June
25, 2014, we initiated this
countervailing duty (CVD)
investigation.1 On the same day, we also
initiated an antidumping (AD)
1 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, 79 FR 36014 (June 25, 2014).
VerDate Sep<11>2014
17:37 Oct 31, 2014
Jkt 235001
investigation of nails from Taiwan.2 On
August 7, 2014, in response to a request
from the Petitioner, Mid Continent Steel
& Wire, Inc., we postponed the
preliminary determinations in the CVD
investigations.
Alignment of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
On October 21, 2014, consistent with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), alignment
of the final determination in this CVD
investigation with the final
determination in the AD investigation of
nails from Taiwan was requested by
Petitioner. Therefore, in accordance
with section 705(a)(1) of the Act and 19
CFR 351.210(b)(4), we are aligning the
final CVD determination with the final
AD determination. Consequently, we
intend to issue the final CVD
determination on the same date as the
final AD determination, which is
currently scheduled to be issued no
later than March 2, 2015, unless
postponed.
Scope of the Investigation
The products covered by this
investigation are nails. For a complete
description of the scope of the
investigation, see Appendix 1 to this
notice.
Methodology
We are conducting this CVD
investigation in accordance with section
701 of the Act. For a full description of
the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.3
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and is
available to all parties in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
2 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: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 36019 (June 25, 2014).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Countervailing
Duty Investigation of Certain Steel Nails from
Taiwan’’ dated concurrently with this notice
(Preliminary Decision Memorandum).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
We calculated a CVD rate for each
individually investigated producer/
exporter of the subject merchandise.
Consistent with section 703(b)(4)(A) of
the Act, we have disregarded de
minimis rates and preliminarily
determine that no countervailable
subsides are being provided to the
production or exportation of the subject
merchandise in Taiwan. Consistent with
section 703(d) of the Act, we have not
calculated an all-others rate because we
have not reached an affirmative
preliminarily determination.
Preliminary Determination and
Suspension of Liquidation
We preliminarily determine the
countervailable subsidy rates to be:
Company
Subsidy rate
PT Enterprise, Inc. ...........
0.03 percent (de
minimis).
Zero.
Quick Advance, Inc. .........
Because we preliminarily determine
that the CVD rates in this investigation
are zero or de minimis, we will not
direct U.S. Customs and Border
Protection to suspend liquidation of
entries of subject merchandise.
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed in
connection with this preliminary
determination within five days of public
announcement of the preliminary
determination.4 Interested parties may
submit case and rebuttal briefs,5 and
request a hearing.6 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix 1
Scope of the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
4 See
19 CFR 351.224(b).
19 CFR 351.309(c) and (d).
6 See 19 CFR 351.510.
5 See
E:\FR\FM\03NON1.SGM
03NON1
Agencies
[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65179-65181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26073]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-817]
Certain Steel Nails From Malaysia: Preliminary Negative
Countervailing Duty Determination and Alignment of Final Countervailing
Duty Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that de minimis countervailable subsidies are being provided
to producers and exporters of certain steel nails (nails) from
Malaysia. The period of investigation is January 1, 2013, through
December 31, 2013. Interested parties are invited to comment on this
preliminary determination.
DATES: Effective Date: November 3, 2014.
FOR FURTHER INFORMATION CONTACT: Yasmin Nair and Ilissa Shefferman, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3813 and (202) 482-4684, respectively.
SUPPLEMENTARY INFORMATION: On June 25, 2014, the Department initiated
this countervailing duty (CVD) investigation.\1\ On the same day, the
Department also initiated an antidumping duty (AD) investigation of
nails from Malaysia.\2\ On August 7, in response to a request from the
Petitioner, Mid-Continent Steel & Wire, Inc., the Department postponed
the preliminary determinations in the CVD investigations.
---------------------------------------------------------------------------
\1\ 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, 79 FR 36014 (June 25, 2014).
\2\ See Certain Steel Nails From the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Initiation of Antidumping Duty Investigations, 79 FR
36019 (June 25, 2014).
---------------------------------------------------------------------------
[[Page 65180]]
Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination
In accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(b)(4), and based on Petitioner's
request, we are aligning the final CVD determination in this
investigation with the final determination in the companion AD
investigation of nails from Malaysia. Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
March 2, 2015, unless postponed.
Scope of the Investigation
The products covered by this investigation are certain steel nails.
For a complete description of the scope of the investigation, see
Appendix 1 to this notice.
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.\3\ The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
regarding ``Decision Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Certain Steel Nails from
Malaysia,'' dated concurrently with this notice (Preliminary
Decision Memorandum). For a list of topics discussed in the
Preliminary Decision Memorandum, see Appendix 2 to this notice.
---------------------------------------------------------------------------
Preliminary Determination
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Inmax Sdn. Bhd. and Inmax Industries 0.01 percent (de minimis).\4\
Sdn. Bhd.
Region International Co., Ltd. and 0.02 percent (de minimis).\5\
Region System Sdn. Bhd.
------------------------------------------------------------------------
---------------------------------------------------------------------------
\4\ In accordance with 703(b)(4) of the Act, we are disregarding
de minimis subsidies for the purposes of this preliminary
determination.
\5\ Id.
---------------------------------------------------------------------------
Consistent with section 703(d) of the Act, the Department has not
calculated an all-others rate because it has not reached an affirmative
preliminarily determination. Because the estimated subsidy rates for
the examined companies are de minimis, we will not direct U.S. Customs
and Border Protection to suspend liquidation of entries of subject
merchandise from Malaysia.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\6\
Interested parties may submit case and rebuttal briefs,\7\ and request
a hearing.\8\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c) and (d).
\8\ See 19 CFR 351.510.
---------------------------------------------------------------------------
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix 1
Scope of the Investigation
The merchandise covered by this investigation is certain steel
nails having a nominal shaft length not exceeding 12 inches.\9\
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 regardless of size, is equal to or greater than
25.
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\9\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
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Excluded from the scope of this investigation are certain steel
nails packaged in combination with one or more non-subject articles,
if the total number of nails of all types, in aggregate regardless
of size, is less than 25.
Also excluded from the scope of this investigation are steel
nails that meet the specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM Standard F1667 (2013
revision).
Also excluded from the scope of this investigation are nails
suitable for use in powder-actuated hand tools, whether or not
threaded, which are currently classified under Harmonized Tariff
Schedule of the United States (``HTSUS'') subheadings 7317.00.20.00
and 7317.00.30.00.
Also excluded from the scope of this investigation are nails
having a case hardness greater than or equal to 50 on the Rockwell
Hardness C scale (``HRC''), a carbon content greater than or equal
to 0.5 percent, a round head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth symmetrical point,
suitable for use in gas-actuated hand tools.
Also excluded from the scope of this investigation are
corrugated nails. A corrugated nail is made up of a small strip of
corrugated steel with sharp points on one side.
Also excluded from the scope of this investigation are thumb
tacks, which are currently classified under HTSUS 7317.00.10.00.
Certain steel nails subject to this investigation are currently
classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to this investigation
also may be classified under HTSUS subheading 8206.00.00.00.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
[[Page 65181]]
Appendix 2
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Respondent Selection
7. Injury Test
8. Subsidies Valuation
9. Analysis of Programs
10. Calculation of the All Others Rate
11. ITC Notification
12. Disclosure and Public Comment
13. Verification
14. Conclusion
[FR Doc. 2014-26073 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P