Certain Steel Nails From the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value, 28972-28974 [2015-12248]
Download as PDF
28972
Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
16, 2015, the Department held a public
hearing.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Determination of Sales
at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) determines that
imports of certain steel nails (‘‘nails’’)
from the Sultanate of Oman (‘‘Oman’’)
are being sold in the United States at
less than fair value (‘‘LTFV’’), as
provided in section 735 of the Tariff Act
of 1930, as amended (the ‘‘Act’’). The
final weighted-average dumping
margins of sales at LTFV are listed
below in the section entitled ‘‘Final
Determination Margins.’’
DATES: Effective Date: May 20, 2015.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6412.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Background
On December 29, 2014, the
Department published in the Federal
Register the preliminary determination
in the LTFV investigation of nails from
Oman.1 In the Preliminary
Determination, we postponed the final
determination until no later than 135
days after the publication of the
Preliminary Determination in
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii) and
invited parties to comment on our
Preliminary Determination.
The following events have occurred
since the Preliminary Determination.
Between January 19, 2015 and January
29, 2015, the Department conducted
sales and cost verifications of the
mandatory respondent, Oman Fasteners,
LLC (‘‘Oman Fasteners’’). On March 10,
2015, Mid Continent Steel & Wire, Inc.
(‘‘Petitioner’’), Oman Fasteners, and
Overseas International Steel Industry,
LLC (‘‘OISI’’), an interested party,
submitted case briefs. On March 18,
2015, Petitioner, Oman Fasteners, and
OISI submitted rebuttal briefs. On April
1 See Certain Steel Nails From the Sultanate of
Oman: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 79 FR 78034 (December 29,
2014) (‘‘Preliminary Determination’’).
VerDate Sep<11>2014
23:50 May 19, 2015
Jkt 235001
Period of Investigation
The period of investigation (‘‘POI’’) is
April 1, 2013 through March 31, 2014.
Scope of the Investigation
The product covered by this
investigation is certain steel nails from
Oman. For a full description of the
scope of the investigation, see Appendix
I to this notice.
Since the Preliminary Determination,
several interested parties (i.e., IKEA
Supply AG, The Home Depot, Target
Corporation, and Petitioner) commented
on the scope of these investigations. The
Department reviewed these comments
and made certain changes. For further
discussion, see the Issues and Decision
Memorandum.2 The scope in Appendix
I reflects all modifications to the scope
made by the Department for this final
determination.
Verification
As provided in section 782(i) of the
Act, in January 2015, we verified the
sales and cost information submitted by
Oman Fasteners for use in our final
determination. We used standard
verification procedures including an
examination of relevant accounting and
production records, and original source
documents provided by Oman
Fasteners.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum
accompanying this notice, and which is
hereby adopted by this notice. A list of
the issues raised and to which the
Department responded is attached to
this notice as Appendix II. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. The Issues and
Decision memorandum is available to
all parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Abdelali
Elouaradia, Acting Office Director for Enforcement
and Compliance (Office VI), ‘‘Certain Steel Nails
from the Sultanate of Oman: Issues and Decision
Memorandum for the Final Determination of Sales
at Less Than Fair Value’’ (Issues and Decision
Memorandum), dated concurrently with this
determination and hereby adopted by this notice.
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Changes to the Margin Calculations
Since the Preliminary Determination
• We updated Oman Fasteners’
reported sales quantity as a result of
minor corrections and findings at the
verification.3
• We corrected the misspelled name
of a variable in the U.S. sales database
which was used in the calculation of the
freight revenue cap.4
• We excluded a sale with a sale date
prior to the beginning of the POI.5
• We updated the shipment dates and
the U.S. credit expense for certain sales
as a result of findings at the
verification.6
• We adjusted the reported total cost
of manufacturing of each control
number to reflect the revised per-unit
scrap offset identified at the cost
verification.7
Final Determination Margins
The Department determines that the
following weighted-average dumping
margins exist for the period April 1,
2013, through March 31, 2014:
Exporter or producer
Oman Fasteners, LLC ................
All Others ....................................
Weightedaverage
dumping
margin
(percent)
9.10
9.10
All Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
3 See Memorandum to the File from Lilit
Astvatsatrian, International Trade Compliance
Analyst, ‘‘Analysis Memorandum for the Final
Determination of the Antidumping Duty
Investigation of Certain Steel Nails from the
Sultanate of Oman: Oman Fasteners, LLC,’’ dated
concurrently with this determination (‘‘Final
Analysis Memorandum’’), at pages 1–2 and
Attachment 1; see also Verification of the Sales
Questionnaire Responses of Oman Fasteners, LLC:
Antidumping Duty Investigation of Certain Steel
Nails from the Sultanate of Oman, dated February
27, 2015 (‘‘Verification Report’’), at page 2 and
Exhibit 1.
4 See Final Analysis Memorandum, at page 2 and
Attachment 1 and IDM, at Comment 3.
5 See Final Analysis Memorandum, at page 2 and
Attachment 1 and IDM, at Comment 5.
6 See Final Analysis Memorandum, at page 2 and
Attachment 1; IDM, at Comment 4, and Verification
Report, at Exhibits VE–VIII.A–D and VE–VIII.F–G.
7 See Memorandum to the File from Robert B.
Greger, Verification of Oman Fasteners LLC in the
Antidumping Duty Investigation of Certain Steel
Nails from the Sultanate of Oman, dated February
18, 2015 at page 2.
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. We based our
calculation of the ‘‘all others’’ rate on
the margin calculated for Oman
Fasteners, the only mandatory
respondent in this investigation.
Disclosure
We will disclose to parties in this
proceeding the calculations performed
for this final determination within five
days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
mstockstill on DSK4VPTVN1PROD with NOTICES
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to continue to suspend liquidation of all
entries of certain steel nails from Oman
which were entered, or withdrawn from
warehouse, for consumption on or after
December 29, 2014, the date of
publication of the Preliminary
Determination. We also will instruct
CBP to require a cash deposit equal to
the weighted-average amount by which
normal value exceeds U.S. price, as
follows: (1) The cash deposit rate for
Oman Fasteners will be equal to the
estimated weighted-average dumping
margin determined in this final
determination; (2) if the exporter is not
a firm identified in this investigation
but the producer is, the cash deposit
rate will be equal to the estimated
weighted-average dumping margin
established for the producer of the
subject merchandise; and (3) the cash
deposit rate for all other producers or
exporters will be 9.10 percent. These
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (‘‘ITC’’)
of our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine within 45
days whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that such injury exists, the
Department will issue an antidumping
VerDate Sep<11>2014
23:50 May 19, 2015
Jkt 235001
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice will serve as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
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.
Excluded from the scope of this
investigation are certain steel nails packaged
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.
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
28973
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. 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, unless otherwise excluded based on the
other exclusions below.
Also excluded from the scope are certain
steel nails with a nominal shaft length of one
inch or less that are (a) a component of an
unassembled article, (b) the total number of
nails is sixty (60) or less, and (c) the imported
unassembled article falls into one of the
following eight groupings: (1) Builders’
joinery and carpentry of wood that are
classifiable as windows, French-windows
and their frames; (2) builders’ joinery and
carpentry of wood that are classifiable as
doors and their frames and thresholds; (3)
swivel seats with variable height adjustment;
(4) seats that are convertible into beds (with
the exception of those classifiable as garden
seats or camping equipment); (5) seats of
cane, osier, bamboo or similar materials; (6)
other seats with wooden frames (with the
exception of seats of a kind used for aircraft
or motor vehicles); (7) furniture (other than
seats) of wood (with the exception of (i)
medical, surgical, dental or veterinary
furniture; and ii) barbers’ chairs and similar
chairs, having rotating as well as both
reclining and elevating movements); or (8)
furniture (other than seats) of materials other
than wood, metal, or plastics (e.g., furniture
of cane, osier, bamboo or similar materials).
The aforementioned imported unassembled
articles are currently classified under the
following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4418.10,
4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50,
9403.60, 9403.81 or 9403.89.
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 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
subheading 7317.00.10.00.
Certain steel nails subject to this
investigation are currently classified under
E:\FR\FM\20MYN1.SGM
20MYN1
28974
Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
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 or
other HTSUS subheadings.
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 in the
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2015–12248 Filed 5–19–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; Student
Information System (SIS)
National Institute of Standards
and Technology, Commerce.
AGENCY:
ACTION:
Notice.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
SUMMARY:
Written comments must be
submitted on or before July 20, 2015.
DATES:
Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
ADDRESSES:
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Kristen Gilbert, Office of
Human Resources Management, NIST,
100 Bureau Dr., Mail Stop 1720,
Gaithersburg, MD 20899–1080; 301–
975–3001; kristen.gilbert@nist.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
23:50 May 19, 2015
Jkt 235001
I. Abstract
The Student Information System (SIS)
is designed to collect on-line
applications from students for NIST
programs such as the Student Volunteer
Program (SVP) and Summer High
School Intern Program (SHIP). The
purpose of the application is to obtain
information needed to evaluate
applicant qualifications for potential
positions.
The Student Information System is an
online application which collects basic
biographical information about the
student. The application contains four
sections. The first section collects
personal information to include name,
address, phone, email, program
selection, work availability, and
location preferences. The second section
collects work and volunteer experience
including start and end date, hours
worked, name and address of employer,
supervisor’s contact information, job
description, and job-related skills. The
third section collects any special
training, knowledge, skill, ability, and/
or publications that demonstrate the
applicant’s skill sets to perform a
position. The fourth section collects
education information to include
current enrollment, name and address of
the educational institution, grade point
average, and expected date of program
completion.
II. Method of Collection
The information is collected via
NIST’s on-line Student Information
System.
III. Data
OMB Control Number: 0693–XXXX.
Form Number(s): None.
Type of Review: New collection.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
400.
Estimated Time per Response: 45
minutes.
Estimated Total Annual Burden
Hours: 300 hours.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: May 15, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2015–12175 Filed 5–19–15; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Annual Economic
Survey of Federal Gulf and South
Atlantic Shrimp Permit Holders
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 20, 2015.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Christopher Liese, Industry
Economist, SEFSC, NMFS, 75 Virginia
Beach Drive, Miami FL 33149, (305)
365–4109 or Christopher.Liese@
noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for revision and
extension of a currently approved
information collection.
NOAA Fisheries, Southeast Fisheries
Science Center, annually collects
E:\FR\FM\20MYN1.SGM
20MYN1
Agencies
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28972-28974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12248]
[[Page 28972]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines
that imports of certain steel nails (``nails'') from the Sultanate of
Oman (``Oman'') are being sold in the United States at less than fair
value (``LTFV''), as provided in section 735 of the Tariff Act of 1930,
as amended (the ``Act''). The final weighted-average dumping margins of
sales at LTFV are listed below in the section entitled ``Final
Determination Margins.''
DATES: Effective Date: May 20, 2015.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6412.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2014, the Department published in the Federal
Register the preliminary determination in the LTFV investigation of
nails from Oman.\1\ In the Preliminary Determination, we postponed the
final determination until no later than 135 days after the publication
of the Preliminary Determination in accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and invited
parties to comment on our Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Certain Steel Nails From the Sultanate of Oman:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 79 FR 78034 (December
29, 2014) (``Preliminary Determination'').
---------------------------------------------------------------------------
The following events have occurred since the Preliminary
Determination. Between January 19, 2015 and January 29, 2015, the
Department conducted sales and cost verifications of the mandatory
respondent, Oman Fasteners, LLC (``Oman Fasteners''). On March 10,
2015, Mid Continent Steel & Wire, Inc. (``Petitioner''), Oman
Fasteners, and Overseas International Steel Industry, LLC (``OISI''),
an interested party, submitted case briefs. On March 18, 2015,
Petitioner, Oman Fasteners, and OISI submitted rebuttal briefs. On
April 16, 2015, the Department held a public hearing.
Period of Investigation
The period of investigation (``POI'') is April 1, 2013 through
March 31, 2014.
Scope of the Investigation
The product covered by this investigation is certain steel nails
from Oman. For a full description of the scope of the investigation,
see Appendix I to this notice.
Since the Preliminary Determination, several interested parties
(i.e., IKEA Supply AG, The Home Depot, Target Corporation, and
Petitioner) commented on the scope of these investigations. The
Department reviewed these comments and made certain changes. For
further discussion, see the Issues and Decision Memorandum.\2\ The
scope in Appendix I reflects all modifications to the scope made by the
Department for this final determination.
---------------------------------------------------------------------------
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Abdelali Elouaradia, Acting Office Director for Enforcement and
Compliance (Office VI), ``Certain Steel Nails from the Sultanate of
Oman: Issues and Decision Memorandum for the Final Determination of
Sales at Less Than Fair Value'' (Issues and Decision Memorandum),
dated concurrently with this determination and hereby adopted by
this notice.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in January 2015, we
verified the sales and cost information submitted by Oman Fasteners for
use in our final determination. We used standard verification
procedures including an examination of relevant accounting and
production records, and original source documents provided by Oman
Fasteners.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
accompanying this notice, and which is hereby adopted by this notice. A
list of the issues raised and to which the Department responded is
attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. The Issues and Decision
memorandum 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 Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes to the Margin Calculations Since the Preliminary Determination
We updated Oman Fasteners' reported sales quantity as a
result of minor corrections and findings at the verification.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to the File from Lilit Astvatsatrian,
International Trade Compliance Analyst, ``Analysis Memorandum for
the Final Determination of the Antidumping Duty Investigation of
Certain Steel Nails from the Sultanate of Oman: Oman Fasteners,
LLC,'' dated concurrently with this determination (``Final Analysis
Memorandum''), at pages 1-2 and Attachment 1; see also Verification
of the Sales Questionnaire Responses of Oman Fasteners, LLC:
Antidumping Duty Investigation of Certain Steel Nails from the
Sultanate of Oman, dated February 27, 2015 (``Verification
Report''), at page 2 and Exhibit 1.
---------------------------------------------------------------------------
We corrected the misspelled name of a variable in the U.S.
sales database which was used in the calculation of the freight revenue
cap.\4\
---------------------------------------------------------------------------
\4\ See Final Analysis Memorandum, at page 2 and Attachment 1
and IDM, at Comment 3.
---------------------------------------------------------------------------
We excluded a sale with a sale date prior to the beginning
of the POI.\5\
---------------------------------------------------------------------------
\5\ See Final Analysis Memorandum, at page 2 and Attachment 1
and IDM, at Comment 5.
---------------------------------------------------------------------------
We updated the shipment dates and the U.S. credit expense
for certain sales as a result of findings at the verification.\6\
---------------------------------------------------------------------------
\6\ See Final Analysis Memorandum, at page 2 and Attachment 1;
IDM, at Comment 4, and Verification Report, at Exhibits VE-VIII.A-D
and VE-VIII.F-G.
---------------------------------------------------------------------------
We adjusted the reported total cost of manufacturing of
each control number to reflect the revised per-unit scrap offset
identified at the cost verification.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to the File from Robert B. Greger,
Verification of Oman Fasteners LLC in the Antidumping Duty
Investigation of Certain Steel Nails from the Sultanate of Oman,
dated February 18, 2015 at page 2.
---------------------------------------------------------------------------
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period April 1, 2013, through March 31,
2014:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners, LLC......................................... 9.10
All Others.................................................. 9.10
------------------------------------------------------------------------
All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the
[[Page 28973]]
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely under section 776 of the Act. We based our calculation of the
``all others'' rate on the margin calculated for Oman Fasteners, the
only mandatory respondent in this investigation.
Disclosure
We will disclose to parties in this proceeding the calculations
performed for this final determination within five days of the date of
public announcement of our final determination, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of certain steel nails from Oman
which were entered, or withdrawn from warehouse, for consumption on or
after December 29, 2014, the date of publication of the Preliminary
Determination. We also will instruct CBP to require a cash deposit
equal to the weighted-average amount by which normal value exceeds U.S.
price, as follows: (1) The cash deposit rate for Oman Fasteners will be
equal to the estimated weighted-average dumping margin determined in
this final determination; (2) if the exporter is not a firm identified
in this investigation but the producer is, the cash deposit rate will
be equal to the estimated weighted-average dumping margin established
for the producer of the subject merchandise; and (3) the cash deposit
rate for all other producers or exporters will be 9.10 percent. These
suspension of liquidation instructions will remain in effect until
further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (``ITC'') of our final
determination. As our final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine within 45
days whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of the subject
merchandise. If the ITC determines that such injury exists, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Return or Destruction of Proprietary Information
This notice will serve as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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. 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, unless otherwise
excluded based on the other exclusions below.
Also excluded from the scope are certain steel nails with a
nominal shaft length of one inch or less that are (a) a component of
an unassembled article, (b) the total number of nails is sixty (60)
or less, and (c) the imported unassembled article falls into one of
the following eight groupings: (1) Builders' joinery and carpentry
of wood that are classifiable as windows, French-windows and their
frames; (2) builders' joinery and carpentry of wood that are
classifiable as doors and their frames and thresholds; (3) swivel
seats with variable height adjustment; (4) seats that are
convertible into beds (with the exception of those classifiable as
garden seats or camping equipment); (5) seats of cane, osier, bamboo
or similar materials; (6) other seats with wooden frames (with the
exception of seats of a kind used for aircraft or motor vehicles);
(7) furniture (other than seats) of wood (with the exception of (i)
medical, surgical, dental or veterinary furniture; and ii) barbers'
chairs and similar chairs, having rotating as well as both reclining
and elevating movements); or (8) furniture (other than seats) of
materials other than wood, metal, or plastics (e.g., furniture of
cane, osier, bamboo or similar materials). The aforementioned
imported unassembled articles are currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or
9403.89.
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 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 subheading
7317.00.10.00.
Certain steel nails subject to this investigation are currently
classified under
[[Page 28974]]
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 or other HTSUS
subheadings.
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 in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2015-12248 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P