Certain Steel Nails From the People's Republic of China: Continuation of Antidumping Duty Order, 66151-66153 [2019-26140]

Download as PDF Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties Dated: November 26, 2019. concerned are cooperating, that the Andrew McGilvray, investigation is extraordinarily Executive Secretary. complicated, and that additional time is [FR Doc. 2019–26149 Filed 12–2–19; 8:45 am] necessary to make a preliminary BILLING CODE 3510–DS–P determination. Pursuant to 19 CFR 351.205(e), the petitioner must submit a request to postpone 25 days or more DEPARTMENT OF COMMERCE before the scheduled date of the preliminary determination and must International Trade Administration state the reasons for postponement. [A–122–867, A–560–833, A–580–902, A–552– Commerce will grant the request unless 825] it finds compelling reasons to deny the request. See 19 CFR 351.205(e). Utility Scale Wind Towers From Canada, Indonesia, the Republic of On November 19, 2019, the Korea, and the Socialist Republic of petitioner 2 submitted timely requests Vietnam: Postponement of Preliminary that Commerce postpone the Determinations in the Less-Than-Fairpreliminary determinations in these Value Investigations LTFV investigations.3 The petitioner stated that the purpose of its requests is AGENCY: Enforcement and Compliance, to provide Commerce with adequate International Trade Administration, time to solicit information from the Department of Commerce. respondents and to allow Commerce DATES: Applicable December 3, 2019. sufficient time to analyze the FOR FURTHER INFORMATION CONTACT: respondents’ questionnaire responses.4 Michael J. Heaney at (202) 482–4475 In accordance with 19 CFR 351.205(e), (Canada); Brittany Bauer at (202) 482– there are no compelling reasons to deny 3860 (Indonesia); Rebecca Janz at (202) the request. Therefore, in accordance 482–2972 (Republic of Korea (Korea)); with section 733(c)(1)(A) of the Act and and Joshua DeMoss at (202) 482–3362 19 CFR 351.205(e), we are postponing (Socialist Republic of Vietnam the preliminary determinations in these (Vietnam)); AD/CVD Operations, LTFV investigations by 50 days (i.e., 190 Enforcement and Compliance, days after the date on which these International Trade Administration, investigations were initiated). U.S. Department of Commerce, 1401 Accordingly, Commerce is postponing Constitution Avenue NW, Washington, the deadline for the preliminary DC 20230. determinations to February 4, 2020. SUPPLEMENTARY INFORMATION: Pursuant to section 735(a)(1) of the Act Background and 19 CFR 351.210(b)(1), the deadline On July 29, 2019, the U.S. Department for the final determinations of these of Commerce (Commerce) initiated less- investigations will continue to be 75 days after the date of the preliminary than-fair-value (LFTV) investigations of determinations, unless postponed. imports of utility scale wind towers from Canada, Indonesia, Korea, and This notice is issued and published Vietnam.1 Currently, the preliminary pursuant to section 733(c)(2) of the Act determinations are due no later than and 19 CFR 351.205(f)(1). December 16, 2019. lotter on DSKBCFDHB2PROD with NOTICES the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: 1 See Utility Scale Wind Towers from Canada, Indonesia, the Republic of Korea, and the Socialist Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 84 FR 37992 (August 5, 2019). VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 Dated: November 26, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–26139 Filed 12–2–19; 8:45 am] BILLING CODE 3510–DS–P 2 The petitioner in these LTFV investigations is the Wind Tower Trade Coalition. 3 See Petitioner’s Letters, ‘‘Utility Scale Wind Towers from Canada: Request to Postpone Preliminary Determination,’’ ‘‘Utility Scale Wind Towers from Indonesia: Request to Postpone Preliminary Determination,’’ ‘‘Utility Scale Wind Towers from the Republic of Korea: Request to Postpone Preliminary Determination,’’ and ‘‘Utility Scale Wind Towers from the Socialist Republic Vietnam: Request to Postpone Preliminary Determination,’’ dated November 19, 2019. 4 Id. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 66151 DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty order on certain steel nails (nails) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the antidumping duty order. DATES: Applicable December 3, 2019. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–7425. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 1, 2008, Commerce published the notice of the antidumping duty order on nails from China.1 On December 3, 2018, the ITC instituted its review of the Order.2 On December 3, 2018, Commerce published the notice of initiation of the second sunset review of the antidumping duty order on nails from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 On December 4, 2018, Commerce received a timely notice of intent to participate in this review from Mid Continent Steel & Wire, Inc. (the petitioner) as a domestic producer of nails within the deadline specified in 19 CFR 351.218(d)(1)(i).4 On January 2, 2019, Commerce received a complete substantive response for the review from the petitioner within the 30-day deadline specified in 19 CFR 1 See Notice of Antidumping Duty Order: Certain Steel Nails from the People’s Republic of China, 73 FR 44961 (August 1, 2008) (Order). 2 See Steel Nails from China; Institution of a FiveYear Review, 83 FR 62342 (December 3, 2018). 3 See Initiation of Five-Year (Sunset) Reviews, 83 FR 62296 (December 3, 2018). 4 See Petitioner’s Letter, ‘‘Entry of Appearance, Notice of Intent to Participate in Review, and APO Application,’’ dated January 2, 2019. E:\FR\FM\03DEN1.SGM 03DEN1 66152 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices 351.218(d)(3)(i).5 Commerce received no substantive responses from respondent interested parties. Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this order.6 As a result of its review, Commerce determined that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping. Commerce, therefore, notified the ITC of the magnitude of the margins likely to prevail should the antidumping duty order be revoked.7 On June 6, 2019, the ITC published its notice to conduct an expedited five-year review of the Order.8 On July 18, 2019, the ITC published its determination that revocation of the Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(c) of the Act.9 lotter on DSKBCFDHB2PROD with NOTICES Scope of the Order 10 The merchandise covered by this order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. 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 have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot dipping one or more times), phosphate cement, and paint. 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 shank 5 See Petitioner’s Letter, ‘‘Certain Steel Nails from the People’s Republic of China: Substantive Response to Notice of Initiation,’’ dated January 2, 2019. 6 See Certain Steel Nails from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 84 FR 22449 (May 17, 2019) and accompanying Issues and Decision Memorandum. 7 See Certain Steel Nails from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 84 FR 22449 (May 17, 2019) and accompanying Issues and Decision Memorandum. 8 See Steel Nails from China; Scheduling of an Expedited Five-Year Review, 84 FR 26445 (June 6, 2019). 9 See Steel Nails from China, 84 FR 34409 (July 18, 2019). 10 See Certain Steel Nails from the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 84 FR 49508 (September 20, 2019). VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 styles. Screw-threaded nails subject to this order are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Finished nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.11 Excluded from the scope are steel roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails, inclusive of the following modifications: (1) Non-collated (i.e., hand-driven or bulk), steel nails as described in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails, as modified by the following description: Having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500’’ to 4’’, inclusive; an actual shank diameter of 0.1015’’ to 0.166’’, inclusive; and an actual head diameter of 0.3375’’ to 0.500’’, inclusive; (2) Wire collated steel nails, in coils, as described in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails, as modified by the following description: Having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500’’ to 1.75’’, inclusive, an actual shank diameter of 0.116’’ to 0.166’’, inclusive; and an actual head diameter of 0.3375’’ to 0.500’’, inclusive; and (3) Noncollated (i.e., hand-driven or bulk), as described in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails, as modified by the following description: Steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75’’ to 3’’, inclusive; an actual shank diameter of 0.131’’ to 0.152’’, inclusive; and an actual head diameter of 0.450’’ to 0.813’’, inclusive. Also excluded from the scope are the following steel nails: Non-collated (i.e., hand-driven or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a 11 Commerce added the Harmonized Tariff Schedule category 7907.00.6000, ‘‘Other articles of zinc: Other,’’ to the language of the AD order on Nails from China. See Certain Steel Nails from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012– 2013, 80 FR 18816, 18816 n.5 (April 5, 2018). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 ring, fluted or spiral shank, an actual length of 0.500’’ to 8’’, inclusive; and an actual shank diameter of 0.1015’’ to 0.166’’, inclusive; and an actual washer or cap diameter of 0.900’’ to 1.10’’, inclusive. Also excluded from the scope of this order are corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this order are fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS 7317.00.20 and 7317.00.30. Also excluded from the scope of this order are thumb tacks, which are currently classified under HTSUS 7317.00.10.00. Also excluded from the scope of this order are certain brads and finish nails that are equal to or less than 0.0720 inches in shank diameter, round or rectangular in cross section, between 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive. Also excluded from the scope of this order are fasteners having a case hardness greater than or equal to 50 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. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order on nails from China. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(a), Commerce intends to initiate the next sunset review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: November 25, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–26140 Filed 12–2–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–820] Biodiesel From Argentina: Rescission of Antidumping Duty Administrative Review; 2017–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on biodiesel from Argentina for the period October 31, 2017, through March 31, 2019. AGENCY: DATES: Applicable December 3, 2019. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4880. SUPPLEMENTARY INFORMATION: Background lotter on DSKBCFDHB2PROD with NOTICES On April 1, 2019, Commerce published a notice of opportunity to request an administrative review of the AD order on biodiesel from Argentina for the period October 31, 2017, through March 31, 2019.1 On April 26, 2019, the petitioner 2 filed a timely request for 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 12207 (April 1, 2019). 2 The petitioner is the National Biodiesel Board Fair Trade Coalition, which includes the National Biodiesel Board; American GreenFuels, LLC; Archer Daniels Midland Company; Ag Processing Inc a cooperative; Crimson Renewable Energy LP; High Plains Bioenergy; Integrity Biofuels, LLC; Iowa Renewable Energy, LLC; Lake Erie Biofuels dba HERO BX; Minnesota Soybean Processors; New Leaf Biofuel, LLC; Newport Biodiesel, LLC; Renewable Biofuels, LLC; Renewable Energy Group, Inc.; Western Dubuque Biodiesel, LLC; Western Iowa Energy, LLC; and World Management Group LLC dba World Energy. VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 review of 18 exporters and importers, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).3 Pursuant to this request, and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the order.4 On July 18, 2019, Commerce placed entry data on the record for purposes of respondent selection.5 On July 25, 2019, the petitioner, LDC Argentina S.A. (LDC), and Vicentin S.A.I.C. (Vicentin), submitted comments on the respondent selection data.6 On July 30, 2019, the petitioner, LDC, and Vicentin submitted rebuttal comments regarding the respondent selection data.7 On September 10, 2019, the petitioner filed a timely withdrawal of request for the administrative review with respect to all entities for which it had requested a review.8 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, the petitioner, who was the only party to file a request for review, withdrew its request by the 90-day deadline. Accordingly, we are rescinding the administrative review of the AD order on biodiesel from Argentina for the period August 28, 2017, through December 31, 2018, in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess AD duties on all appropriate entries of 3 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Request for Administrative Review of Antidumping Duty Order,’’ dated April 26, 2019. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 27587 (June 13, 2019). 5 See Memorandum, ‘‘Administrative Review of the Antidumping Duty Order on Biodiesel from Argentina; 2017–2019; Customs Entry Data for Respondent Selection,’’ dated July 18, 2019. 6 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Comments on CBP Data and Respondent Selection,’’ dated July 25, 2019; see also LDC’s and Vicentin’s Letter, ‘‘Biodiesel from Argentina: Certification of No Shipments and Comments on U.S. Customs Entry Data for Respondent Selection,’’ dated July 25, 2019. 7 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Coalition Rebuttal Comments on CBP Data and Respondent Selection,’’ dated July 30, 2019; see also LDC’s and Vicentin’s Letter, ‘‘Biodiesel from Argentina: Rebuttal Comments on U.S. Customs Entry Data for Respondent Selection,’’ dated July 30, 2019. 8 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Withdrawal of Request for Administrative Review of Antidumping Duty Order,’’ dated September 10, 2019. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 66153 biodiesel from Argentina. AD duties shall be assessed at rates equal to the cash deposit of estimated AD duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of AD or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of duties occurred and the subsequent assessment of doubled duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to all 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. Timely written notification of the return/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. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: November 26, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–26141 Filed 12–2–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Review; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 1, 2019, the Department of Commerce (Commerce) published a notice of initiation of fiveyear reviews (sunset reviews). This document serves to correct that notice. DATES: Applicable November 29, 2019. AGENCY: E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66151-66153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26140]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on certain steel nails (nails) 
from the People's Republic of China (China) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the antidumping duty order.

DATES: Applicable December 3, 2019.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2008, Commerce published the notice of the antidumping 
duty order on nails from China.\1\ On December 3, 2018, the ITC 
instituted its review of the Order.\2\ On December 3, 2018, Commerce 
published the notice of initiation of the second sunset review of the 
antidumping duty order on nails from China, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).\3\ On December 4, 
2018, Commerce received a timely notice of intent to participate in 
this review from Mid Continent Steel & Wire, Inc. (the petitioner) as a 
domestic producer of nails within the deadline specified in 19 CFR 
351.218(d)(1)(i).\4\ On January 2, 2019, Commerce received a complete 
substantive response for the review from the petitioner within the 30-
day deadline specified in 19 CFR

[[Page 66152]]

351.218(d)(3)(i).\5\ Commerce received no substantive responses from 
respondent interested parties. Pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited 
(120-day) sunset review of this order.\6\
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    \1\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(Order).
    \2\ See Steel Nails from China; Institution of a Five-Year 
Review, 83 FR 62342 (December 3, 2018).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 62296 
(December 3, 2018).
    \4\ See Petitioner's Letter, ``Entry of Appearance, Notice of 
Intent to Participate in Review, and APO Application,'' dated 
January 2, 2019.
    \5\ See Petitioner's Letter, ``Certain Steel Nails from the 
People's Republic of China: Substantive Response to Notice of 
Initiation,'' dated January 2, 2019.
    \6\ See Certain Steel Nails from the People's Republic of China: 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 84 FR 22449 (May 17, 2019) and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    As a result of its review, Commerce determined that revocation of 
the antidumping duty order would likely lead to a continuation or 
recurrence of dumping. Commerce, therefore, notified the ITC of the 
magnitude of the margins likely to prevail should the antidumping duty 
order be revoked.\7\
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    \7\ See Certain Steel Nails from the People's Republic of China: 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 84 FR 22449 (May 17, 2019) and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    On June 6, 2019, the ITC published its notice to conduct an 
expedited five-year review of the Order.\8\ On July 18, 2019, the ITC 
published its determination that revocation of the Order would likely 
lead to a continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time, pursuant to 
section 751(c) of the Act.\9\
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    \8\ See Steel Nails from China; Scheduling of an Expedited Five-
Year Review, 84 FR 26445 (June 6, 2019).
    \9\ See Steel Nails from China, 84 FR 34409 (July 18, 2019).
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Scope of the Order 10
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    \10\ See Certain Steel Nails from the People's Republic of 
China: Final Results of Antidumping Duty Changed Circumstances 
Review, 84 FR 49508 (September 20, 2019).
---------------------------------------------------------------------------

    The merchandise covered by this order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails include, but 
are not limited to, nails made of round wire and nails that are cut. 
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 have a variety of finishes, heads, shanks, point types, 
shaft lengths and shaft diameters. Finishes include, but are not 
limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot dipping one or more times), phosphate cement, and 
paint. 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 shank styles. Screw-threaded nails subject to 
this order are driven using direct force and not by turning the 
fastener using a tool that engages with the head. Point styles include, 
but are not limited to, diamond, blunt, needle, chisel and no point. 
Finished nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire. Certain steel 
nails subject to this order are currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.\11\
---------------------------------------------------------------------------

    \11\ Commerce added the Harmonized Tariff Schedule category 
7907.00.6000, ``Other articles of zinc: Other,'' to the language of 
the AD order on Nails from China. See Certain Steel Nails from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 18816, 18816 n.5 (April 5, 
2018).
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    Excluded from the scope are steel roofing nails of all lengths and 
diameter, whether collated or in bulk, and whether or not galvanized. 
Steel roofing nails are specifically enumerated and identified in ASTM 
Standard F 1667 (2005 revision) as Type I, Style 20 nails, inclusive of 
the following modifications: (1) Non-collated (i.e., hand-driven or 
bulk), steel nails as described in ASTM Standard F 1667 (2005 revision) 
as Type I, Style 20 nails, as modified by the following description: 
Having a bright or galvanized finish, a smooth, barbed or ringed shank, 
an actual length of 0.500'' to 4'', inclusive; an actual shank diameter 
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive; (2) Wire collated steel nails, in 
coils, as described in ASTM Standard F 1667 (2005 revision) as Type I, 
Style 20 nails, as modified by the following description: Having a 
galvanized finish, a smooth, barbed or ringed shank, an actual length 
of 0.500'' to 1.75'', inclusive, an actual shank diameter of 0.116'' to 
0.166'', inclusive; and an actual head diameter of 0.3375'' to 0.500'', 
inclusive; and (3) Non-collated (i.e., hand-driven or bulk), as 
described in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 
nails, as modified by the following description: Steel nails having a 
convex head (commonly known as an umbrella head), a smooth or spiral 
shank, a galvanized finish, an actual length of 1.75'' to 3'', 
inclusive; an actual shank diameter of 0.131'' to 0.152'', inclusive; 
and an actual head diameter of 0.450'' to 0.813'', inclusive.
    Also excluded from the scope are the following steel nails: Non-
collated (i.e., hand-driven or bulk), two-piece steel nails having 
plastic or steel washers (caps) already assembled to the nail, having a 
bright or galvanized finish, a ring, fluted or spiral shank, an actual 
length of 0.500'' to 8'', inclusive; and an actual shank diameter of 
0.1015'' to 0.166'', inclusive; and an actual washer or cap diameter of 
0.900'' to 1.10'', inclusive.
    Also excluded from the scope of this order are corrugated nails. A 
corrugated nail is made of a small strip of corrugated steel with sharp 
points on one side. Also excluded from the scope of this order are 
fasteners suitable for use in powder-actuated hand tools, not threaded 
and threaded, which are currently classified under HTSUS 7317.00.20 and 
7317.00.30. Also excluded from the scope of this order are thumb tacks, 
which are currently classified under HTSUS 7317.00.10.00.
    Also excluded from the scope of this order are certain brads and 
finish nails that are equal to or less than 0.0720 inches in shank 
diameter, round or rectangular in cross section, between 0.375 inches 
and 2.5 inches in length, and that are collated with adhesive or 
polyester film tape backed with a heat seal adhesive. Also excluded 
from the scope of this order are fasteners having a case hardness 
greater than or equal to 50 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. While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order on nails from 
China. U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of the continuation of the order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(a), Commerce intends to initiate the next sunset review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.

[[Page 66153]]

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: November 25, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26140 Filed 12-2-19; 8:45 am]
 BILLING CODE 3510-DS-P