Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 65184-65186 [2014-26076]

Download as PDF 65184 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices PRC exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled a separate rate, the cash deposit rate will be the rate of the PRC-wide entity established in the final determination of the less than fair value investigation (i.e., 156.87 percent); and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and that subsequent assessment of doubled antidumping duties. mstockstill on DSK4VPTVN1PROD with NOTICES This notice also serves as a reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. 17:37 Oct 31, 2014 Jkt 235001 Appendix—Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Issues Comment 1: Differential Pricing Comment 1.A: Consideration of an Alternative Comparison Method in an Administrative Review Comment 1.B: Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Less-Than-FairValue Investigations Comment 1.C: Denial of Offsets for NonDumped Sales When Using the Alternative Average-to-Transaction Comparison Methodology Comment 1.D: Differential Pricing Analysis: Taihe Comment 1.E: Differential Pricing Analysis: Yixing Comment 2: Surrogate Value for Packing Material Comment 3: Surrogate Value for International Freight Comment 4: Surrogate Value for Brokerage and Handling Comment 5: Whether the Department Should Deny the Corn Feed By-Product Offset Claimed by Taihe Comment 6: Whether the Department Should Apply Adverse Facts Available to Yixing Comment 7: Whether to Grant Yixing a By-Product Offset Recommendation [FR Doc. 2014–26074 Filed 10–31–14; 8:45 am] BILLING CODE 3510–DS–P DATES: Effective Date: November 3, 2014. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Thomas Schauer, 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) 482–6478 and (202) 482–0410, 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 Vietnam.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. 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 Vietnam. 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. DEPARTMENT OF COMMERCE Scope of the Investigation International Trade Administration 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. [C–552–819] Administrative Protective Order (‘‘APO’’) VerDate Sep<11>2014 Dated: October 27, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Affirmative 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 countervailable subsidies are being provided to producers and exporters of certain steel nails (nails) from the Socialist Republic of Vietnam (Vietnam). The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination. AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 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 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, E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices 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. In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated producer/exporter of the subject merchandise. Preliminary Determination and Suspension of Liquidation We preliminarily determine the countervailable subsidy rates to be: 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.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 Company Subsidy rate Region Industries Co., Ltd United Nail Products Co., Ltd. All Others ......................... mstockstill on DSK4VPTVN1PROD with NOTICES and de minimis rates or any rates based solely on the facts available. In this investigation, because we have only one rate that we can use to calculate the ‘‘all-others’’ rate (i.e., the rate for Region Industries Co., Ltd.), we have assigned that rate to ‘‘all-others.’’ 8.35 percent. 0.17 percent (de minimis). 8.35 percent. In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of nails from Vietnam that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. For United Nail Products Co., Ltd., we are not ordering suspension of liquidation or the collection the cash deposits, because its countervailing duty rate is de minimis. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we apply an ‘‘all-others’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as respondents by those companies’ exports of the subject merchandise to the United States. The ‘‘all-others’’ rate does not include zero Scope of the Investigation The merchandise covered by this investigation is certain steel nails having a nominal shaft length not exceeding 12 inches.7 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 4 See Assistant Secretary for Enforcement and Compliance, regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Steel Nails from the Socialist Republic of Vietnam,’’ dated concurrently with this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 17:37 Oct 31, 2014 Jkt 235001 19 CFR 351.224(b). 19 CFR 351.309(c) and (d). 6 See 19 CFR 351.510. 7 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. 5 See PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 65185 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 of Final Countervailing Duty Determination With Final Antidumping Duty Determination IV. Scope Comments V. Scope of the Investigation VI. Injury Test VII. Application of Countervailing Duty Law to Imports From Vietnam VIII. Subsidies Valuation IX. Analysis of Programs X. United States International Trade Commission (ITC) Notification XI. Disclosure and Public Comment XII. Verification E:\FR\FM\03NON1.SGM 03NON1 65186 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices XIII. Conclusion [FR Doc. 2014–26076 Filed 10–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating the five-year review (‘‘Sunset Review’’) of the antidumping and countervailing duty (‘‘AD/CVD’’) orders listed below. The International Trade Commission (‘‘the AGENCY: Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective Date: (November 1, 2014). FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty orders: DOC case No. ITC case No. Country Product A–351–837 ....... 731–TA–1024 Brazil ..................... A–570–900 ....... 731–TA–1092 PRC 1 2 .................. A–570–887 A–533–848 C–533–849 A–533–828 ....... ....... ....... ....... 731–TA–1046 731–TA–1155 701–TA–459 731–TA–1025 PRC India India India C–533–829 ....... 701–TA–432 India ...................... A–588–068 ....... AA1921–188 Japan .................... A–201–831 ....... 731–TA–1027 Mexico ................... A–580–852 ....... 731–TA–1026 Republic of Korea A–549–820 ....... 731–TA–1028 Thailand ................ Prestressed Concrete Steel Wire Strand (2nd Review). Diamond Sawblades and Parts Thereof (1st Review). Tetrahydrofurfuryl Alcohol (2nd Review) .. Commodity Matchbooks (1st Review) ...... Commodity Matchbooks (1st Review) ...... Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (4th Review). Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (2nd Review). ...................... ...................... ...................... ...................... Department contact David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. Jacqueline Arrowsmith (202) 482–5255. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. 1 Pursuant to court order in Diamond Sawblades Manufacturers Coalition v. United States, 2014 Ct. Intl. Trade LEXIS 112 (Ct. Int’l Trade Sep. 23, 2014), we are initiating the sunset review for diamond sawblades and parts thereof from the People’s Republic of China (PRC) effective November 4, 2014. 2 For Diamond Sawblades and Parts Thereof From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Sunset Review, Notice of Rescission of Sunset Review, and Advance Notification of New Sunset Review, 79 FR 63080 (October 22, 2014), the case number is A–570–900. We inadvertently omitted the case number in this notice. mstockstill on DSK4VPTVN1PROD with NOTICES Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department’s regulations, the Department’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department’s Web site at the following address: ‘‘https:// enforcement.trade.gov/sunset/.’’ All submissions in these Sunset Reviews must be filed in accordance with the Department’s regulations regarding format, translation, and service of documents. These rules, including VerDate Sep<11>2014 17:37 Oct 31, 2014 Jkt 235001 electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’), can be found at 19 CFR 351.303.3 Revised Factual Information Requirements This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.4 Parties are hereby reminded that revised certification requirements are in effect for company/ government officials as well as their representatives in all AD/CVD investigations or proceedings initiated on or after August 16, 2013.5 The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does 4 See section 782(b) of the Act. Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’) (amending 19 CFR 351.303(g)). 5 See 3 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65184-65186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26076]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-819]


Certain Steel Nails From the Socialist Republic of Vietnam: 
Preliminary Affirmative 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 countervailable subsidies are being provided to 
producers and exporters of certain steel nails (nails) from the 
Socialist Republic of Vietnam (Vietnam). 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: Sergio Balbontin or Thomas Schauer, 
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-
6478 and (202) 482-0410, 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 Vietnam.\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 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).
---------------------------------------------------------------------------

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 Vietnam. 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

[[Page 65185]]

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 
the Socialist Republic of Vietnam,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                Company                            Subsidy rate
------------------------------------------------------------------------
Region Industries Co., Ltd.............  8.35 percent.
United Nail Products Co., Ltd..........  0.17 percent (de minimis).
All Others.............................  8.35 percent.
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of nails from Vietnam that are entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above. For United 
Nail Products Co., Ltd., we are not ordering suspension of liquidation 
or the collection the cash deposits, because its countervailing duty 
rate is de minimis.
    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all-others'' rate, which is 
normally calculated by weighting the subsidy rates of the individual 
companies selected as respondents by those companies' exports of the 
subject merchandise to the United States. The ``all-others'' rate does 
not include zero and de minimis rates or any rates based solely on the 
facts available. In this investigation, because we have only one rate 
that we can use to calculate the ``all-others'' rate (i.e., the rate 
for Region Industries Co., Ltd.), we have assigned that rate to ``all-
others.''

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.\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.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c) and (d).
    \6\ 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.\7\ 
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.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

    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.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of Countervailing Duty Law to Imports From Vietnam
VIII. Subsidies Valuation
IX. Analysis of Programs
X. United States International Trade Commission (ITC) Notification
XI. Disclosure and Public Comment
XII. Verification

[[Page 65186]]

XIII. Conclusion

[FR Doc. 2014-26076 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P

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