Certain Steel Nails From Taiwan: Negative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 78053-78055 [2014-30430]
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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
suspension of liquidation instructions
will remain in effect until further notice.
U.S. International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this proceeding is
affirmative, section 735(b)(2) of the Act
requires that the ITC make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
nails from Korea before the later of 120
days after the date of this preliminary
determination or 45 days after our final
determination. Because we are
postponing the deadline for our final
determination to 135 days from the date
of publication of this preliminary
determination, as discussed above, the
ITC will make its final determination no
later than 45 days after our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix I
Scope of Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.12 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
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
12 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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19:09 Dec 24, 2014
Jkt 235001
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comment
VIII. Respondent Selection
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78053
IX. Discussion of Methodology
A. Fair Value Comparisons
(1) Determination of the Comparison
Method
(2) Results of the Differential Pricing
Analysis
X. Product Comparisons
XI. Date of Sale
XII. Affiliation
XIII. Export Price/Constructed Export Price
XIV. Normal Value
Daejin Steel
A. Comparison-Market Viability
B. Calculation of Normal Value Based on
Constructed Value
Jinheung Steel
A. Home Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production
E. Calculation of Normal Value Based on
Comparison Market Prices
XV. Currency Conversion
XVI. U.S. International Trade Commission
Notification
XVII. Disclosure and Public Comment
XVIII. Verification
XIX. Conclusion
[FR Doc. 2014–30432 Filed 12–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Negative Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of Commerce
(Department) preliminarily determines
that certain steel nails from Taiwan are
not being, or are not likely to be, sold
in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation is April 1, 2013, through
March 31, 2014. The estimated
weighted-average dumping margins are
shown in the ‘‘Preliminary
Determination’’ section of this notice. In
response to a request from Mid
Continent Steel & Wire, Inc. (petitioner)
we are postponing the final
determination. The final determination
will be issued 135 days after the
publication of this preliminary
determination in the Federal Register.
We invite interested parties to comment
on the preliminary determination.
DATES: Effective Date: December 29,
2014.
SUMMARY:
E:\FR\FM\29DEN1.SGM
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78054
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
FOR FURTHER INFORMATION CONTACT:
Victoria Cho, Scott Hoefke or Robert
James, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–5075, (202) 482–4947 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this
investigation is certain steel nails from
Taiwan. For a full description of the
scope of the investigation, see Appendix
I to this notice.1
Scope Comments
Several interested parties (i.e., IKEA
Supply AG and IKEA Distributions
Services Inc. (collectively IKEA), Target
Corporation, and The Home Depot)
submitted comments to the Department
on the scope of the investigation as it
appeared in the Initiation Notice, and
petitioner submitted rebuttal comments.
For discussion of those comments and
rebuttal comments, see the Preliminary
Decision Memorandum.2
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. There were two
mandatory respondents, PT Enterprise
Inc. (and its affiliated producer, ProTeam Coil Nail Enterprise Inc.) and
Quick Advance, Inc. (and its affiliated
producer, Ko’s Nails Inc.). Export prices
have been calculated in accordance with
section 772 of the Act. Normal value
(NV) has been calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.3 The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).4
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weighted-average
dumping margin
(percent)
Exporter/manufacturer
PT Enterprise Inc. ..........................................................................................................................................................................
Quick Advance, Inc. .......................................................................................................................................................................
0.00
0.00
NW, Washington, DC 20230, at a time
and date to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.5
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce. All
documents must be filed electronically
using ACCESS. An electronically filed
request must be received successfully in
its entirety by ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.6 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
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: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 36019, 36025–26 (June 25,
2014) (Initiation Notice).
2 See December 17, 2014 memorandum to Paul
Piquado, ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Certain Steel Nails
fromTaiwan,’’ adopoted concurrently with this
notice. A list of the topics discussed in the
Preliminary Decision Memorandum appears in
Appendix II, below.
3 Id.
4 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
5 See 19 CFR 351.309.
6 See 19 CFR 351.310(c).
7 See 19 CFR 351.210(b)(2) and (e).
Consistent with sections 733(d)(1)(A)
of the Act, the Department has not
calculated a weighted-average dumping
margin for all other producers or
exporters because it has not made an
affirmative preliminary determination of
sales at less than fair value.
tkelley on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
VerDate Sep<11>2014
19:09 Dec 24, 2014
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Suspension of Liquidation
Because the Department has not made
an affirmative preliminary
determination of sales at less than fair
value, we are not directing U.S. Customs
and Border Protection to suspend
liquidation of any entries of certain steel
nails from Taiwan.
Postponement of Final Determination
Pursuant to petitioner’s request, we
are postponing the final determination.
Accordingly, we will issue our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.7
E:\FR\FM\29DEN1.SGM
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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary negative determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix I
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
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.
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
19:09 Dec 24, 2014
Jkt 235001
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 II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination
V. Scope of the Investigation
VI. Scope Comments
VII. Affiliation and Collapsing
VIII. Middleman Dumping
IX. Discussion of Methodology
A. Fair Value Comparisons
B. Product Control Numbers
C. Determination of Comparison Method
D. Export Price
E. Normal Value
F. Date of Sale
G. Currency Conversion
X. U.S. International Trade Commission
Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2014–30430 Filed 12–24–14; 8:45 am]
BILLING CODE 3510–DS–P
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78055
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–816]
Certain Steel Nails From Malaysia:
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that certain steel nails from Malaysia are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 733(b) of
the Tariff Act of 1930, as amended (the
Act). The period of investigation is
April 1, 2013, through March 31, 2014.
The estimated weighted-average
dumping margins are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination. The Department intends
to issue the final determination 135
days after publication of this
preliminary determination in the
Federal Register.
DATES: Effective Date: December 29,
2014.
FOR FURTHER INFORMATION CONTACT:
Ericka Ukrow or Steve Bezirganian, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0405 or (202) 482–
1131, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the notice
of initiation of this investigation on June
25, 2014.1 Pursuant to section
733(c)(1)(A) of the Act, the Department
postponed this preliminary
determination 42 days until December
17, 2014.2
Scope of the Investigation
The product covered by this
investigation is certain steel nails from
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: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 36019, (June 25, 2014)
(Initiation Notice).
2 See Certain Steel Nails From the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Postponement of Preliminary Determination of
Antidumping Duty Investigations, 79 FR 63082
(October 22, 2014).
E:\FR\FM\29DEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78053-78055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30430]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Negative Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain steel nails from Taiwan are not being, or are
not likely to be, sold in the United States at less than fair value
(LTFV), as provided in section 733(b) of the Tariff Act of 1930, as
amended (the Act). The period of investigation is April 1, 2013,
through March 31, 2014. The estimated weighted-average dumping margins
are shown in the ``Preliminary Determination'' section of this notice.
In response to a request from Mid Continent Steel & Wire, Inc.
(petitioner) we are postponing the final determination. The final
determination will be issued 135 days after the publication of this
preliminary determination in the Federal Register. We invite interested
parties to comment on the preliminary determination.
DATES: Effective Date: December 29, 2014.
[[Page 78054]]
FOR FURTHER INFORMATION CONTACT: Victoria Cho, Scott Hoefke or Robert
James, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-5075, (202) 482-4947 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this investigation is certain steel nails
from Taiwan. For a full description of the scope of the investigation,
see Appendix I to this notice.\1\
---------------------------------------------------------------------------
\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: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019, 36025-26 (June 25, 2014)
(Initiation Notice).
---------------------------------------------------------------------------
Scope Comments
Several interested parties (i.e., IKEA Supply AG and IKEA
Distributions Services Inc. (collectively IKEA), Target Corporation,
and The Home Depot) submitted comments to the Department on the scope
of the investigation as it appeared in the Initiation Notice, and
petitioner submitted rebuttal comments. For discussion of those
comments and rebuttal comments, see the Preliminary Decision
Memorandum.\2\
---------------------------------------------------------------------------
\2\ See December 17, 2014 memorandum to Paul Piquado, ``Decision
Memorandum for the Preliminary Determination in the Antidumping Duty
Investigation of Certain Steel Nails fromTaiwan,'' adopoted
concurrently with this notice. A list of the topics discussed in the
Preliminary Decision Memorandum appears in Appendix II, below.
---------------------------------------------------------------------------
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. There were two mandatory respondents, PT
Enterprise Inc. (and its affiliated producer, Pro-Team Coil Nail
Enterprise Inc.) and Quick Advance, Inc. (and its affiliated producer,
Ko's Nails Inc.). Export prices have been calculated in accordance with
section 772 of the Act. Normal value (NV) has been calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\3\ The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(ACCESS).\4\ ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's
Central Records Unit, located at room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.
The signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ Id.
\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margin
(percent)
------------------------------------------------------------------------
PT Enterprise Inc.................................... 0.00
Quick Advance, Inc................................... 0.00
------------------------------------------------------------------------
Consistent with sections 733(d)(1)(A) of the Act, the Department
has not calculated a weighted-average dumping margin for all other
producers or exporters because it has not made an affirmative
preliminary determination of sales at less than fair value.
Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding, and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using ACCESS. An electronically filed request must be
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the date of publication of this
notice.\6\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW, Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\6\ See 19 CFR 351.310(c).
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Suspension of Liquidation
Because the Department has not made an affirmative preliminary
determination of sales at less than fair value, we are not directing
U.S. Customs and Border Protection to suspend liquidation of any
entries of certain steel nails from Taiwan.
Postponement of Final Determination
Pursuant to petitioner's request, we are postponing the final
determination. Accordingly, we will issue our final determination no
later than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.\7\
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\7\ See 19 CFR 351.210(b)(2) and (e).
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[[Page 78055]]
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary negative determination of sales at LTFV. If our
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
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 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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\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.
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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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination
V. Scope of the Investigation
VI. Scope Comments
VII. Affiliation and Collapsing
VIII. Middleman Dumping
IX. Discussion of Methodology
A. Fair Value Comparisons
B. Product Control Numbers
C. Determination of Comparison Method
D. Export Price
E. Normal Value
F. Date of Sale
G. Currency Conversion
X. U.S. International Trade Commission Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2014-30430 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-DS-P
