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