Certain Steel Nails From the Socialist Republic of Vietnam: Countervailing Duty Order, 41006-41007 [2015-17363]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41006-41007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17363]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-819]


Certain Steel Nails From the Socialist Republic of Vietnam: 
Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC), the 
Department is issuing a countervailing duty order on certain steel 
nails (nails) from the Socialist Republic of Vietnam (Vietnam).

DATES: Effective July 14, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Sergio Balbontin, 
AD/CVD Operations, Office 1, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0410 and (202) 482-6478, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 20, 2015, the Department published its final determination 
in the countervailing duty investigation of nails from the Vietnam.\1\ 
On July 6, 2015, the ITC notified the Department of its final 
determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of 
1930, as amended (Act), that an industry in the United States is 
materially injured by reason of subsidized imports of subject 
merchandise from Vietnam.\2\
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails From the Socialist Republic of 
Vietnam: Final Affirmative Countervailing Duty Determination, 80 FR 
28962 (May 20, 2015).
    \2\ See Certain Steel Nails from Korea, Malaysia, Oman, Taiwan, 
and Vietnam, USITC Investigation Nos. 701-TA-521 and 731-TA-1252-
1255 (Final), USITC Publication 4541 (July 2015). Because the final 
CVD determinations with respect to Korea, Malaysia, Oman, and Taiwan 
were negative, the CVD investigations with respect to those 
countries were terminated.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is certain steel nails having 
a nominal shaft length not exceeding 12 inches.\3\ 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.
---------------------------------------------------------------------------

    \3\ 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 order 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 order 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 order 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 order 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

[[Page 41007]]

symmetrical point, suitable for use in gas-actuated hand tools.
    Also excluded from the scope of this order 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 order are thumb tacks, which 
are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to this order 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 order also may be classified under HTSUS 
subheadings 7907.00.60.00, 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 order is 
dispositive.

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC has notified the Department of its final determination that the 
industry in the United States producing nails is materially injured by 
reason of subsidized imports of nails from Vietnam. Therefore, in 
accordance with section 705(c)(2) of the Act, we are publishing this 
countervailing duty order.
    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of nails from 
Vietnam entered, or withdrawn from warehouse, for consumption on or 
after November 3, 2014, the date on which the Department published its 
preliminary countervailing duty determination in the Federal 
Register,\4\ and before March 3, 2015, the date on which the Department 
instructed CBP to discontinue the suspension of liquidation in 
accordance with section 703(d) of the Act. Section 703(d) of the Act 
states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Therefore, entries of nails made on or after March 3, 2015, and prior 
to the date of publication of the ITC's final determination in the 
Federal Register are not liable for the assessment of countervailing 
duties due to the Department's discontinuation, effective March 3, 
2015, of the suspension of liquidation.
---------------------------------------------------------------------------

    \4\ See 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, 79 FR 65184 (November 3, 2014).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of nails from 
Vietnam, effective the date of publication of the ITC's notice of final 
determination in the Federal Register, and to assess, upon further 
instruction by the Department pursuant to section 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise. On or after the date of publication of the ITC's final 
injury determination in the Federal Register, CBP must require, at the 
same time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the rates noted below:

------------------------------------------------------------------------
                  Company                      Subsidy rate (percent)
------------------------------------------------------------------------
Region Industries Co., Ltd................  288.56
United Nail Products Co. Ltd..............  313.97
All Others................................  301.27
------------------------------------------------------------------------

    This notice constitutes the countervailing duty order with respect 
to nails from Vietnam pursuant to section 706(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room B8024 
of the main Commerce Building, for copies of an updated list of 
countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: July 8, 2015.
Lynn M. Fischer Fox
Deputy Assistant Secretary for Policy & Negotiation.
[FR Doc. 2015-17363 Filed 7-13-15; 8:45 am]
 BILLING CODE 3510-DS-P