Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 3970-3975 [2022-01509]
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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices
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 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 or shank
length of one inch or less that are a
component of an unassembled article, where
the total number of nails is sixty (60) or less,
and 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 these
investigations are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under HTSUS subheadings 7317.00.2000 and
7317.00.3000.
Also excluded from the scope of these
investigations are nails suitable for use in
gas-actuated hand tools. These nails have 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 reduceddiameter raised head section, a centered
shank, and a smooth symmetrical point.
Also excluded from the scope of these
investigations 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 these
investigations are thumb tacks, which are
currently classified under HTSUS
subheading 7317.00.1000.
Also excluded from the scope are
decorative or upholstery tacks.
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Certain steel nails subject to these
investigations are currently classified under
HTSUS subheadings 7317.00.5501,
7317.00.5502, 7317.00.5503, 7317.00.5505,
7317.00.5507, 7317.00.5508, 7317.00.5511,
7317.00.5518, 7317.00.5519, 7317.00.5520,
7317.00.5530, 7317.00.5540, 7317.00.5550,
7317.00.5560, 7317.00.5570, 7317.00.5580,
7317.00.5590, 7317.00.6530, 7317.00.6560
and 7317.00.7500. Certain steel nails subject
to these investigations also may be classified
under HTSUS subheadings 7318.15.5060,
7318.15.5090, 7907.00.6000, 8206.00.0000 or
other HTSUS subheadings. While the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of these
investigations is dispositive.
[FR Doc. 2022–01494 Filed 1–25–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–905, C–523–817, C–542–805, C–549–
845, C–489–847]
Certain Steel Nails From India, the
Sultanate of Oman, Sri Lanka,
Thailand, and the Republic of Turkey:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen (India); Thomas Martin
(the Sultanate of Oman); Nathan James
(Sri Lanka); Charles Doss (Thailand); or
Benjamin Luberda (the Republic of
Turkey), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251;
(202) 482–3936; (202) 482–5305; (202)
482–4474; or (202) 482–2185,
respectively.
SUPPLEMENTARY INFORMATION:
Petitions
On December 30, 2021, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of certain
steel nails (steel nails) from India, the
Sultanate of Oman (Oman), Sri Lanka,
Thailand, and the Republic of Turkey
(Turkey), filed in proper form on behalf
of Mid Continent Steel & Wire, Inc. (the
petitioner), a domestic producer of steel
nails.1 The Petitions were accompanied
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties Pursuant to Sections 701 and 731 of the
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by antidumping duty (AD) petitions
concerning imports of steel nails from
India, Sri Lanka, Thailand, and Turkey.2
Between January 4 and 18, 2022,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 The petitioner filed
responses to these requests between
January 10 and 19, 2022.4
Tariff Act of 1930, as Amended, on Behalf of Mid
Continent Steel & Wire, Inc.,’’ dated December 30,
2021 (Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated January 4, 2022 (General Issues
Questionnaire); ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from India: Supplemental Questions,’’ dated
January 4, 2022; ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from Sri Lanka: Supplemental Questions,’’
dated January 4, 2022; ‘‘Petition for the Imposition
of Countervailing Duties on Imports of Certain Steel
Nails from the Republic of Turkey: Supplemental
Questions,’’ dated January 4, 2022; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Oman: Supplemental
Questions,’’ dated January 5, 2022; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Thailand: Supplemental
Questions,’’ dated January 5, 2022; ‘‘Phone Call
with Counsel to the Petitioner,’’ dated January 7,
2022 (First Scope Call Memorandum); ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Certain Steel Nails from Thailand: Second
Supplemental Questionnaire,’’ dated January 7,
2022; ‘‘Petition for the Imposition of Countervailing
Duties on Imports of Certain Steel Nails from the
Republic of Turkey: Supplemental Questions,’’
dated January 10, 2022; ‘‘Petition for the Imposition
of Countervailing Duties on Imports of Certain Steel
Nails from Sri Lanka: Additional Supplemental
Questions,’’ January 12, 2022; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Thailand: Third
Supplemental Questionnaire,’’ dated January 12,
2022; ‘‘Phone Call with Counsel to the Petitioner,’’
dated January 13, 2022 (Second Scope Call
Memorandum); and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from the Republic of Turkey: Supplemental
Questions,’’ dated January 18, 2022.
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions for the Petition for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Steel Nails from India,
Oman, Sri Lanka, Thailand, and Turkey,’’ dated
January 10, 2022 (First General Issues Supplement);
‘‘Response to Supplemental Questions—the Petition
for the Imposition of Countervailing Duties on
Imports of Certain Steel Nails from India,’’ dated
January 10, 2022; ‘‘Response to Supplemental
Questions—the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from Turkey,’’ dated January 10, 2022;
‘‘Response to Supplemental Questions—the Petition
for the Imposition of Countervailing Duties on
Imports of Certain Steel Nails from Thailand,’’
dated January 10, 2022; ‘‘Response to Second
Supplemental Questions—the Petition for the
Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Thailand,’’ dated January
11, 2022; ‘‘Response to Third Supplemental
Questionnaire—the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from Thailand,’’ dated January 13, 2022;
‘‘Response to Second Supplemental
Questionnaire—the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from Turkey,’’ dated January 13, 2022;
‘‘Response to Scope Questions for the Petition for
the Imposition of Antidumping and Countervailing
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In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of India (GOI), the
Government of Oman (GSO), the
Government of Sri Lanka (GSL), the
Royal Thai Government (RTG), and the
Government of Turkey (GOT)
(collectively, Governments) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of steel
nails in India, Oman, Sri Lanka,
Thailand, and Turkey, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing steel nails
in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating CVD
investigations, the Petitions were
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.5
Period of Investigation
Because the Petitions were filed on
December 30, 2021, the period of
investigation (POI) for these CVD
investigations is January 1, 2020,
through December 31, 2020.6
Scope of the Investigations
The merchandise covered by these
investigations is steel nails from India,
Oman, Sri Lanka, Thailand, and Turkey.
For a full description of the scope of
these investigations, see the appendix to
this notice.
Comments on Scope of the
Investigations
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On January 4, 7, and 13, 2022,
Commerce requested further
information from the petitioner
regarding the proposed scope, to ensure
Duties on Imports of Certain Steel Nails from India,
Oman, Sri Lanka, Thailand, and Turkey,’’ dated
January 14, 2022 (Scope Supplement); ‘‘Response to
Second Supplemental Questionnaire—the Petition
for the Imposition of Countervailing Duties on
Imports of Certain Steel Nails from Sri Lanka,’’
dated January 14, 2022; and ‘‘Response to Third
Supplemental Questions—the Petition for the
Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Turkey,’’ dated January 19,
2022.
5 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
6 See 19 CFR 351.204(b)(2).
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that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 On January 10 and 14,
2022, the petitioner revised the scope.8
The description of the merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).9 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on February 8,
2022, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on February 18, 2022,
which is 10 calendar days from the
initial comment deadline.
Commerce requests that any factual
information the parties consider
relevant to the scope of the
investigations be submitted during this
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party may contact
Commerce and request permission to
submit the additional information. All
such comments must be filed on the
records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
7 See General Issues Questionnaire; see also First
Scope Call Memorandum; and Second Scope Call
Memorandum.
8 See General Issues Supplement at Exhibit GEN–
21; see also Scope Supplement at Exhibit GEN–24.
9 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27323 (May 19, 1997) (Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
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3971
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the Governments of the receipt of the
Petitions and provided an opportunity
for consultations with respect to the
Petitions.12 Commerce held
consultations with the RTG on January
11, 2022, the GOT, GSL, and GSO on
January 14, 2022, and the GOI on
January 18, 2022.13
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
12 See Commerce’s Letters, ‘‘Countervailing Duty
Petition on Certain Steel Nails from Sri Lanka;
Invitation for Consultations to Discuss the
Countervailing Duty Petition,’’ dated January 4,
2022; ‘‘Countervailing Duty Petition on Certain
Steel Nails from the Republic of Turkey; Invitation
for Consultations to Discuss the Countervailing
Duty Petition,’’ dated January 4, 2022;
‘‘Countervailing Duty Petition on Certain Steel
Nails from India; Invitation for Consultations to
Discuss the Countervailing Duty Petition,’’ dated
January 5, 2022; ‘‘Countervailing Duty Petition on
Certain Steel Nails from Thailand,’’ dated January
5, 2022; and ‘‘Countervailing Duty Petition on
Certain Steel Nails from the Sultanate of Oman:
Invitation for Consultations to Discuss the
Countervailing Duty Petition,’’ dated January 10,
2022.
13 See Memoranda, ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from Thailand: Teleconference Consultations
with the Royal Thai Government,’’ dated January
12, 2022; ‘‘Countervailing Duty Petition on Certain
Steel Nails from the Sultanate of Oman:
Consultations with Officials from the Government
of the Sultanate of Oman,’’ dated January 14, 2022;
‘‘Certain Steel Nails from Turkey: Government of
Turkey Consultations,’’ dated January 14, 2022;
‘‘Consultations with the Government of Sri Lanka
on the Countervailing Duty Petition Regarding
Certain Steel Nails from Sri Lanka,’’ dated January
14, 2022; and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from India: Consultations with Officials from
the Government of India,’’ dated January 18, 2022.
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more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,14 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.16 Based on our analysis
of the information submitted on the
record, we have determined that steel
nails, as defined in the scope, constitute
a single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.17
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
16 See Petitions at Volume I at 13–15 and Exhibit
GEN–3; see also General Issues Supplement at 7–
10.
17 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklists: Certain Steel
Nails from India, the Sultanate of Oman, Sri Lanka,
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15 See
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In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided the 2020
production of the domestic like product
for the U.S. producers that support the
Petitions.18 The petitioner estimated the
production of the domestic like product
for the remaining U.S. producers of steel
nails based on its knowledge of the
industry and production capabilities
and market shares of U.S. producers.19
The petitioner then compared the total
production of the supporters of the
Petitions to the estimated total
production of the domestic like product
for the entire domestic industry.20 We
relied on data provided by the petitioner
for purposes of measuring industry
support.21
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.22
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as a result, Commerce is
not required to take further action in
order to evaluate industry support (e.g.,
polling).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
Thailand, and the Republic of Turkey (CountrySpecific CVD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain
Steel Nails from India, the Sultanate of Oman, Sri
Lanka, Thailand, and the Republic of Turkey
(Attachment II). These checklists are dated
concurrently with this notice and on file
electronically via ACCESS.
18 See Petitions at Volume I at 3–4 and Exhibit
GEN–1.
19 Id.; see also General Issues Supplement at 6.
20 See Petitions at Volume I at 3–4 and Exhibit
GEN–1.
21 Id.; see also General Issues Supplement at 6.
For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
22 See Attachment II of the Country-Specific CVD
Initiation Checklists.
23 Id.; see also section 702(c)(4)(D) of the Act.
24 See Attachment II of the Country-Specific CVD
Initiation Checklists.
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under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.25 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 702(b)(1)
of the Act.26
Injury Test
Because India, Oman, Sri Lanka,
Thailand, and Turkey are ‘‘Subsidies
Agreement Countries’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
these investigations. Accordingly, the
ITC must determine whether imports of
the subject merchandise from India,
Oman, Sri Lanka, Thailand, and/or
Turkey materially injure, or threaten
material injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.27
In CVD petitions, section 771(24)(B)
of the Act provides that imports of
subject merchandise from developing
countries must exceed the negligibility
threshold of four percent. Because Sri
Lanka has been designated as a
developing country under section
771(36)(A) of the Act,28 the four percent
negligibility threshold applies to
imports from Sri Lanka. While the
allegedly subsidized imports from Sri
Lanka may not meet the statutory
negligibility threshold of four percent,29
the petitioner alleges and provides
supporting evidence that: (1) There is a
reasonable indication that data obtained
in the ITC’s investigation will establish
that imports exceed the negligibility
25 Id.
26 Id.
27 See
Petitions at 17–19 and Exhibit GEN–9.
Designations of Developing and LeastDeveloped Countries under the Countervailing Duty
Law, 85 FR 7613, 7615–7616 (February 10, 2020).
29 When calculated to the hundredth decimal
point, imports from Sri Lanka account for 3.96
percent of the volume of total imports during the
most recent 12-month period for which data are
available. See Petitions at Volume I at 17–18 and
Exhibit GEN–9.
28 See
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threshold; 30 and (2) there is the
potential that imports from Sri Lanka
will imminently exceed the negligibility
threshold and, therefore, they are not
negligible for purposes of a threat
determination.31 The petitioner’s
arguments regarding the reasonable
indication that information obtained in
the ITC’s investigation will exceed the
negligibility threshold are consistent
with the SAA. Furthermore, the
petitioner’s arguments regarding the
potential for imports to imminently
exceed the negligibility threshold are
consistent with the statutory criteria for
‘‘negligibility in threat analysis’’ under
section 771(24)(A)(iv) of the Act, which
provides that imports shall not be
treated as negligible if there is a
potential that subject imports from a
country will imminently exceed the
statutory requirements for negligibility.
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; decline in U.S.
shipments and production and low level
of capacity utilization; underselling and
price depression and/or suppression;
adverse impact on employment
variables; lost sales and revenues; and
declining profitability.32 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, and
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.33
Initiation of CVD Investigations
Based upon our examination of the
Petitions on steel nails from India,
Oman, Sri Lanka, Thailand, and Turkey,
including supplemental information
provided by the petitioner, we find that
the Petitions meet the requirements of
section 702 of the Act. Therefore, we are
initiating CVD investigations to
determine whether imports of steel nails
from India, Oman, Sri Lanka, Thailand,
and Turkey benefit from countervailable
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30 See
Petitions at Volume I at 17–18 and Exhibit
GEN–9; see also Statement of Administrative
Action Accompanying the Uruguay Round
Agreements Act, H.R. Doc. 103–316, vol. 1 (1994)
(SAA) at 857.
31 See Petitions at Volume I at 19 and Exhibit
GEN–8; see also section 771(24)(A)(iv) of the Act.
32 See Petitions at Volume I at 19–21, 25–41 and
Exhibits GEN–1, GEN–3, GEN–8 and GEN–11
through GEN–20.
33 See Country-Specific CVD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Steel Nails from India, the
Sultanate of Oman, Sri Lanka, Thailand, and the
Republic of Turkey (Attachment III).
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17:34 Jan 25, 2022
Jkt 256001
subsidies conferred by the
Governments. In accordance with
section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 65 days after the publication
date of these initiations.
India
Based on our review of the Petition on
Indian steel nails, we find that there is
sufficient information to initiate a CVD
investigation on 32 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
India CVD Initiation Checklist. A public
version of the initiation checklist for
this investigation is available on
ACCESS.
Oman
Based on our review of the Petition on
Omani steel nails, we find that there is
sufficient information to initiate a CVD
investigation on 11 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
Oman CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Sri Lanka
Based on our review of the Petition on
Sri Lankan steel nails, we find that there
is sufficient information to initiate a
CVD investigation on 11 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see Sri Lanka CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Thailand
Based on our review of the Petition on
Thai steel nails, we find that there is
sufficient information to initiate a CVD
investigation on 13 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
Thailand CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Turkey
Based on our review of the Petition on
Turkish steel nails, we find that there is
sufficient information to initiate a CVD
investigation on 26 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
Turkey CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
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3973
Respondent Selection
The petitioner named 11 companies
in India; four in Oman; five in Sri
Lanka; five in Thailand; and six in
Turkey as producers/exporters of steel
nails.34 Commerce intends to follow its
standard practice in CVD investigations
and calculate company-specific subsidy
rates in these investigations.
In the event that Commerce
determines that the number of
companies in India, Oman, Sri Lanka,
Thailand, or Turkey is large and it
cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select respondents
based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of
steel nails from India, Oman, Sri Lanka,
Thailand, and Turkey during the POI
under the appropriate Harmonized
Tariff Schedule of the United States
subheadings listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
From January 11 through 13, 2022,
Commerce released CBP data for U.S.
imports of steel nails from India, Oman,
Sri Lanka, Turkey, and Thailand under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
regarding the CBP data and respondent
selection must do so within three
business days of the publication date of
the notice of initiation of these CVD
investigations.35 Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments on CBP data and
respondent selection must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully, in its entirety, by
34 See
Petitions at Volume I at Exhibit GEN–6.
Memoranda, ‘‘Countervailing Duty Petition
on Certain Steel Nails from the Republic of Turkey:
Release of Customs Data from U.S. Customs and
Border Protection,’’ dated January 11, 2022;
‘‘Countervailing Duty Petition on Certain Steel
Nails from India: Release of Customs Data from U.S.
Customs and Border Protection,’’ dated January 13,
2022; ‘‘Countervailing Duty Petition on Certain
Steel Nails from the Sultanate of Oman: Release of
Customs Data from U.S. Customs and Border
Protection,’’ dated January 13, 2022;
‘‘Countervailing Duty Petition on Certain Steel
Nails from Sri Lanka: Release of Customs Data from
U.S. Customs and Border Protection,’’ dated January
13, 2022; and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel
Nails from Thailand: Release of U.S. Customs and
Border Protection Data,’’ dated January 13, 2022.
35 See
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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices
ACCESS no later than 5:00 p.m. ET on
the specified deadline.
prior to submitting factual information
in these investigations.
Distribution of Copies of the Petitions
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301 or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; under limited
circumstances Commerce will grant
untimely-filed requests for the extension
of time limits. Parties should review
Commerce’s regulations concerning the
extension of time limits prior to
submitting extension requests in these
investigations.39
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
Governments via ACCESS. To the extent
practicable, Commerce will attempt to
provide a copy of the public version of
the Petitions to each exporter named in
the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of steel nails from India, Oman, Sri
Lanka, Thailand, and/or Turkey are
materially injuring or threatening
material injury to a U.S. industry.36 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.37 Otherwise, the investigations
will proceed according to statutory and
regulatory time limits.
khammond on DSKJM1Z7X2PROD with NOTICES
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Any party, when
submitting factual information, must
specify under which subsection of 19
CFR 351.102(b)(21) the information is
being submitted and, if the information
is submitted to rebut, clarify, or correct
factual information already on the
record, provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.38 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
36 See
section 733(a) of the Act.
37 Id.
38 See
19 CFR 351.301(b).
VerDate Sep<11>2014
17:34 Jan 25, 2022
Jkt 256001
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.40
Parties must use the certification
formats provided in 19 CFR
351.303(g).41 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Commerce website
at https://enforcement.trade.gov/apo.
Parties wishing to participate in these
39 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
40 See section 782(b) of the Act.
41 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of
appearance). Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.42
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: January 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is certain steel nails having a
nominal shaft or shank length not exceeding
12 inches. Certain steel nails include, but are
not limited to, nails made from round wire
and nails that are cut from flat-rolled steel or
long-rolled flat steel bars. Certain steel nails
may be of one piece construction or
constructed of two or more pieces. Examples
of nails constructed of two or more pieces
include, but are not limited to, anchors
comprised of an anchor body made of zinc
or nylon and a steel pin or a steel nail; crimp
drive anchors; split-drive anchors, and strike
pin anchors. Also included in the scope are
anchors of one piece construction.
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 or shaft 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 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.
42 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\26JAN1.SGM
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Also excluded from the scope are certain
steel nails with a nominal shaft or shank
length of one inch or less that are a
component of an unassembled article, where
the total number of nails is sixty (60) or less,
and 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 these
investigations are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under HTSUS subheadings 7317.00.2000 and
7317.00.3000.
Also excluded from the scope of these
investigations are nails suitable for use in
gas-actuated hand tools. These nails have 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 reduceddiameter raised head section, a centered
shank, and a smooth symmetrical point.
Also excluded from the scope of these
investigations 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 these
investigations are thumb tacks, which are
currently classified under HTSUS
subheading 7317.00.1000.
Also excluded from the scope are
decorative or upholstery tacks.
Certain steel nails subject to these
investigations are currently classified under
HTSUS subheadings 7317.00.5501,
7317.00.5502, 7317.00.5503, 7317.00.5505,
7317.00.5507, 7317.00.5508, 7317.00.5511,
7317.00.5518, 7317.00.5519, 7317.00.5520,
7317.00.5530, 7317.00.5540, 7317.00.5550,
7317.00.5560, 7317.00.5570, 7317.00.5580,
7317.00.5590, 7317.00.6530, 7317.00.6560
and 7317.00.7500. Certain steel nails subject
to these investigations also may be classified
under HTSUS subheadings 7318.15.5060,
7318.15.5090, 7907.00.6000, 8206.00.0000 or
other HTSUS subheadings. While the HTSUS
subheadings are provided for convenience
VerDate Sep<11>2014
17:34 Jan 25, 2022
Jkt 256001
and customs purposes, the written
description of the scope of these
investigations is dispositive.
[FR Doc. 2022–01509 Filed 1–25–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; SURF Fellow Housing
Application
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of Information
Collection, request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before March 28, 2022.
ADDRESSES: Interested persons are
invited to submit written comments by
mail to Maureen O’Reilly, Management
Analyst, NIST, by email to
PRAcomments@doc.gov. Please
reference OMB Control Number 0693–
0084 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Dr.
Brandi Toliver, NIST, 100 Bureau Drive,
Stop 1090, Gaithersburg, MD 20899–
1090, tel. (301)972–2371, or
brandi.toliver@nist.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
The purpose of this collection is to
gather information requested on behalf
of the NIST Summer Undergraduate
Research Fellowship (SURF) Program
for both Gaithersburg and Boulder
locations. Students participating in the
program receive a fellowship which
PO 00000
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Fmt 4703
Sfmt 4703
3975
includes lodging arranged by the
agency. To coordinate the lodging,
information is submitted by accepted
students which require lodging during
the program dates. The student
information is utilized for roommate
matching based on gender and common
interests. The information includes:
Identification of accepted laboratory,
housing requirement (yes or no), first
name, last name, dates requesting
housing, gender, roommate
identification, name of academic
institution of enrollment, preferences
(night owl, early bird, neatness,
smoking,), and special requests.
II. Method of Collection
The information will be collected
electronically. Accepted students will
receive a link to the Housing
Application administered on Google
Documents (NIST approved platform).
The application must be completed by
a required deadline. The provided link
will be inactive after the deadline.
III. Data
OMB Control Number: 0693–0084.
Form Number(s): None.
Type of Review: Regular submission,
extension of a current information
collection.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
220.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 110 hours.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Required to
obtain benefits.
Legal Authority:
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
E:\FR\FM\26JAN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 3970-3975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01509]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-905, C-523-817, C-542-805, C-549-845, C-489-847]
Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka,
Thailand, and the Republic of Turkey: Initiation of Countervailing Duty
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen (India); Thomas Martin
(the Sultanate of Oman); Nathan James (Sri Lanka); Charles Doss
(Thailand); or Benjamin Luberda (the Republic of Turkey), AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251; (202) 482-3936;
(202) 482-5305; (202) 482-4474; or (202) 482-2185, respectively.
SUPPLEMENTARY INFORMATION:
Petitions
On December 30, 2021, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain steel nails (steel nails) from India, the Sultanate of Oman
(Oman), Sri Lanka, Thailand, and the Republic of Turkey (Turkey), filed
in proper form on behalf of Mid Continent Steel & Wire, Inc. (the
petitioner), a domestic producer of steel nails.\1\ The Petitions were
accompanied by antidumping duty (AD) petitions concerning imports of
steel nails from India, Sri Lanka, Thailand, and Turkey.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties Pursuant to Sections 701 and
731 of the Tariff Act of 1930, as Amended, on Behalf of Mid
Continent Steel & Wire, Inc.,'' dated December 30, 2021 (Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between January 4 and 18, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ The
petitioner filed responses to these requests between January 10 and 19,
2022.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
January 4, 2022 (General Issues Questionnaire); ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Steel
Nails from India: Supplemental Questions,'' dated January 4, 2022;
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Sri Lanka: Supplemental Questions,'' dated
January 4, 2022; ``Petition for the Imposition of Countervailing
Duties on Imports of Certain Steel Nails from the Republic of
Turkey: Supplemental Questions,'' dated January 4, 2022; ``Petition
for the Imposition of Countervailing Duties on Imports of Certain
Steel Nails from Oman: Supplemental Questions,'' dated January 5,
2022; ``Petition for the Imposition of Countervailing Duties on
Imports of Certain Steel Nails from Thailand: Supplemental
Questions,'' dated January 5, 2022; ``Phone Call with Counsel to the
Petitioner,'' dated January 7, 2022 (First Scope Call Memorandum);
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Steel Nails from Thailand: Second Supplemental
Questionnaire,'' dated January 7, 2022; ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Steel
Nails from the Republic of Turkey: Supplemental Questions,'' dated
January 10, 2022; ``Petition for the Imposition of Countervailing
Duties on Imports of Certain Steel Nails from Sri Lanka: Additional
Supplemental Questions,'' January 12, 2022; ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Steel
Nails from Thailand: Third Supplemental Questionnaire,'' dated
January 12, 2022; ``Phone Call with Counsel to the Petitioner,''
dated January 13, 2022 (Second Scope Call Memorandum); and
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Steel Nails from the Republic of Turkey: Supplemental
Questions,'' dated January 18, 2022.
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions for the Petition for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel Nails from India,
Oman, Sri Lanka, Thailand, and Turkey,'' dated January 10, 2022
(First General Issues Supplement); ``Response to Supplemental
Questions--the Petition for the Imposition of Countervailing Duties
on Imports of Certain Steel Nails from India,'' dated January 10,
2022; ``Response to Supplemental Questions--the Petition for the
Imposition of Countervailing Duties on Imports of Certain Steel
Nails from Turkey,'' dated January 10, 2022; ``Response to
Supplemental Questions--the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel Nails from
Thailand,'' dated January 10, 2022; ``Response to Second
Supplemental Questions--the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel Nails from
Thailand,'' dated January 11, 2022; ``Response to Third Supplemental
Questionnaire--the Petition for the Imposition of Countervailing
Duties on Imports of Certain Steel Nails from Thailand,'' dated
January 13, 2022; ``Response to Second Supplemental Questionnaire--
the Petition for the Imposition of Countervailing Duties on Imports
of Certain Steel Nails from Turkey,'' dated January 13, 2022;
``Response to Scope Questions for the Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Steel
Nails from India, Oman, Sri Lanka, Thailand, and Turkey,'' dated
January 14, 2022 (Scope Supplement); ``Response to Second
Supplemental Questionnaire--the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel Nails from Sri
Lanka,'' dated January 14, 2022; and ``Response to Third
Supplemental Questions--the Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel Nails from
Turkey,'' dated January 19, 2022.
---------------------------------------------------------------------------
[[Page 3971]]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of India
(GOI), the Government of Oman (GSO), the Government of Sri Lanka (GSL),
the Royal Thai Government (RTG), and the Government of Turkey (GOT)
(collectively, Governments) are providing countervailable subsidies,
within the meaning of sections 701 and 771(5) of the Act, to producers
of steel nails in India, Oman, Sri Lanka, Thailand, and Turkey, and
that such imports are materially injuring, or threatening material
injury to, the domestic industry producing steel nails in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating CVD
investigations, the Petitions were accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party, as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\5\
---------------------------------------------------------------------------
\5\ See ``Determination of Industry Support for the Petitions''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on December 30, 2021, the period
of investigation (POI) for these CVD investigations is January 1, 2020,
through December 31, 2020.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The merchandise covered by these investigations is steel nails from
India, Oman, Sri Lanka, Thailand, and Turkey. For a full description of
the scope of these investigations, see the appendix to this notice.
Comments on Scope of the Investigations
On January 4, 7, and 13, 2022, Commerce requested further
information from the petitioner regarding the proposed scope, to ensure
that the scope language in the Petitions is an accurate reflection of
the products for which the domestic industry is seeking relief.\7\ On
January 10 and 14, 2022, the petitioner revised the scope.\8\ The
description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\7\ See General Issues Questionnaire; see also First Scope Call
Memorandum; and Second Scope Call Memorandum.
\8\ See General Issues Supplement at Exhibit GEN-21; see also
Scope Supplement at Exhibit GEN-24.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on February 8, 2022, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on February 18, 2022, which
is 10 calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigations be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigations may
be relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the records of each of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\12\
Commerce held consultations with the RTG on January 11, 2022, the GOT,
GSL, and GSO on January 14, 2022, and the GOI on January 18, 2022.\13\
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\12\ See Commerce's Letters, ``Countervailing Duty Petition on
Certain Steel Nails from Sri Lanka; Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated January 4, 2022;
``Countervailing Duty Petition on Certain Steel Nails from the
Republic of Turkey; Invitation for Consultations to Discuss the
Countervailing Duty Petition,'' dated January 4, 2022;
``Countervailing Duty Petition on Certain Steel Nails from India;
Invitation for Consultations to Discuss the Countervailing Duty
Petition,'' dated January 5, 2022; ``Countervailing Duty Petition on
Certain Steel Nails from Thailand,'' dated January 5, 2022; and
``Countervailing Duty Petition on Certain Steel Nails from the
Sultanate of Oman: Invitation for Consultations to Discuss the
Countervailing Duty Petition,'' dated January 10, 2022.
\13\ See Memoranda, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel Nails from
Thailand: Teleconference Consultations with the Royal Thai
Government,'' dated January 12, 2022; ``Countervailing Duty Petition
on Certain Steel Nails from the Sultanate of Oman: Consultations
with Officials from the Government of the Sultanate of Oman,'' dated
January 14, 2022; ``Certain Steel Nails from Turkey: Government of
Turkey Consultations,'' dated January 14, 2022; ``Consultations with
the Government of Sri Lanka on the Countervailing Duty Petition
Regarding Certain Steel Nails from Sri Lanka,'' dated January 14,
2022; and ``Petition for the Imposition of Countervailing Duties on
Imports of Certain Steel Nails from India: Consultations with
Officials from the Government of India,'' dated January 18, 2022.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for
[[Page 3972]]
more than 50 percent of the total production of the domestic like
product, Commerce shall: (i) Poll the industry or rely on other
information in order to determine if there is support for the petition,
as required by subparagraph (A); or (ii) determine industry support
using a statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that steel nails, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Petitions at Volume I at 13-15 and Exhibit GEN-3; see
also General Issues Supplement at 7-10.
\17\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklists: Certain
Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand,
and the Republic of Turkey (Country-Specific CVD Initiation
Checklists) at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain Steel
Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and
the Republic of Turkey (Attachment II). These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2020 production of the domestic like product for the U.S. producers
that support the Petitions.\18\ The petitioner estimated the production
of the domestic like product for the remaining U.S. producers of steel
nails based on its knowledge of the industry and production
capabilities and market shares of U.S. producers.\19\ The petitioner
then compared the total production of the supporters of the Petitions
to the estimated total production of the domestic like product for the
entire domestic industry.\20\ We relied on data provided by the
petitioner for purposes of measuring industry support.\21\
---------------------------------------------------------------------------
\18\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
\19\ Id.; see also General Issues Supplement at 6.
\20\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
\21\ Id.; see also General Issues Supplement at 6. For further
discussion, see Attachment II of the Country-Specific CVD Initiation
Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\22\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as a result, Commerce is
not required to take further action in order to evaluate industry
support (e.g., polling).\23\ Second, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\24\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\25\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.\26\
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\22\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\23\ Id.; see also section 702(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\25\ Id.
\26\ Id.
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Injury Test
Because India, Oman, Sri Lanka, Thailand, and Turkey are
``Subsidies Agreement Countries'' within the meaning of section 701(b)
of the Act, section 701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC must determine whether imports of
the subject merchandise from India, Oman, Sri Lanka, Thailand, and/or
Turkey materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\27\
---------------------------------------------------------------------------
\27\ See Petitions at 17-19 and Exhibit GEN-9.
---------------------------------------------------------------------------
In CVD petitions, section 771(24)(B) of the Act provides that
imports of subject merchandise from developing countries must exceed
the negligibility threshold of four percent. Because Sri Lanka has been
designated as a developing country under section 771(36)(A) of the
Act,\28\ the four percent negligibility threshold applies to imports
from Sri Lanka. While the allegedly subsidized imports from Sri Lanka
may not meet the statutory negligibility threshold of four percent,\29\
the petitioner alleges and provides supporting evidence that: (1) There
is a reasonable indication that data obtained in the ITC's
investigation will establish that imports exceed the negligibility
[[Page 3973]]
threshold; \30\ and (2) there is the potential that imports from Sri
Lanka will imminently exceed the negligibility threshold and,
therefore, they are not negligible for purposes of a threat
determination.\31\ The petitioner's arguments regarding the reasonable
indication that information obtained in the ITC's investigation will
exceed the negligibility threshold are consistent with the SAA.
Furthermore, the petitioner's arguments regarding the potential for
imports to imminently exceed the negligibility threshold are consistent
with the statutory criteria for ``negligibility in threat analysis''
under section 771(24)(A)(iv) of the Act, which provides that imports
shall not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
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\28\ See Designations of Developing and Least-Developed
Countries under the Countervailing Duty Law, 85 FR 7613, 7615-7616
(February 10, 2020).
\29\ When calculated to the hundredth decimal point, imports
from Sri Lanka account for 3.96 percent of the volume of total
imports during the most recent 12-month period for which data are
available. See Petitions at Volume I at 17-18 and Exhibit GEN-9.
\30\ See Petitions at Volume I at 17-18 and Exhibit GEN-9; see
also Statement of Administrative Action Accompanying the Uruguay
Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) at 857.
\31\ See Petitions at Volume I at 19 and Exhibit GEN-8; see also
section 771(24)(A)(iv) of the Act.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; decline in U.S. shipments and production and low
level of capacity utilization; underselling and price depression and/or
suppression; adverse impact on employment variables; lost sales and
revenues; and declining profitability.\32\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, and negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the
statutory requirements for initiation.\33\
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\32\ See Petitions at Volume I at 19-21, 25-41 and Exhibits GEN-
1, GEN-3, GEN-8 and GEN-11 through GEN-20.
\33\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Steel Nails from India, the Sultanate of
Oman, Sri Lanka, Thailand, and the Republic of Turkey (Attachment
III).
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Initiation of CVD Investigations
Based upon our examination of the Petitions on steel nails from
India, Oman, Sri Lanka, Thailand, and Turkey, including supplemental
information provided by the petitioner, we find that the Petitions meet
the requirements of section 702 of the Act. Therefore, we are
initiating CVD investigations to determine whether imports of steel
nails from India, Oman, Sri Lanka, Thailand, and Turkey benefit from
countervailable subsidies conferred by the Governments. In accordance
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than 65
days after the publication date of these initiations.
India
Based on our review of the Petition on Indian steel nails, we find
that there is sufficient information to initiate a CVD investigation on
32 alleged programs. For a full discussion of the basis for our
decision to initiate on each program, see India CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Oman
Based on our review of the Petition on Omani steel nails, we find
that there is sufficient information to initiate a CVD investigation on
11 alleged programs. For a full discussion of the basis for our
decision to initiate on each program, see Oman CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Sri Lanka
Based on our review of the Petition on Sri Lankan steel nails, we
find that there is sufficient information to initiate a CVD
investigation on 11 alleged programs. For a full discussion of the
basis for our decision to initiate on each program, see Sri Lanka CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Thailand
Based on our review of the Petition on Thai steel nails, we find
that there is sufficient information to initiate a CVD investigation on
13 alleged programs. For a full discussion of the basis for our
decision to initiate on each program, see Thailand CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Turkey
Based on our review of the Petition on Turkish steel nails, we find
that there is sufficient information to initiate a CVD investigation on
26 alleged programs. For a full discussion of the basis for our
decision to initiate on each program, see Turkey CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
The petitioner named 11 companies in India; four in Oman; five in
Sri Lanka; five in Thailand; and six in Turkey as producers/exporters
of steel nails.\34\ Commerce intends to follow its standard practice in
CVD investigations and calculate company-specific subsidy rates in
these investigations.
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\34\ See Petitions at Volume I at Exhibit GEN-6.
---------------------------------------------------------------------------
In the event that Commerce determines that the number of companies
in India, Oman, Sri Lanka, Thailand, or Turkey is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select respondents based on U.S.
Customs and Border Protection (CBP) data for U.S. imports of steel
nails from India, Oman, Sri Lanka, Thailand, and Turkey during the POI
under the appropriate Harmonized Tariff Schedule of the United States
subheadings listed in the ``Scope of the Investigations,'' in the
appendix.
From January 11 through 13, 2022, Commerce released CBP data for
U.S. imports of steel nails from India, Oman, Sri Lanka, Turkey, and
Thailand under administrative protective order (APO) to all parties
with access to information protected by APO and indicated that
interested parties wishing to comment regarding the CBP data and
respondent selection must do so within three business days of the
publication date of the notice of initiation of these CVD
investigations.\35\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
the Commerce's website at https://enforcement.trade.gov/apo.
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\35\ See Memoranda, ``Countervailing Duty Petition on Certain
Steel Nails from the Republic of Turkey: Release of Customs Data
from U.S. Customs and Border Protection,'' dated January 11, 2022;
``Countervailing Duty Petition on Certain Steel Nails from India:
Release of Customs Data from U.S. Customs and Border Protection,''
dated January 13, 2022; ``Countervailing Duty Petition on Certain
Steel Nails from the Sultanate of Oman: Release of Customs Data from
U.S. Customs and Border Protection,'' dated January 13, 2022;
``Countervailing Duty Petition on Certain Steel Nails from Sri
Lanka: Release of Customs Data from U.S. Customs and Border
Protection,'' dated January 13, 2022; and ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Steel
Nails from Thailand: Release of U.S. Customs and Border Protection
Data,'' dated January 13, 2022.
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Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically-filed document must be
received successfully, in its entirety, by
[[Page 3974]]
ACCESS no later than 5:00 p.m. ET on the specified deadline.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the Governments via ACCESS. To the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petitions to each exporter named in the Petitions, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of steel nails from India, Oman, Sri Lanka,
Thailand, and/or Turkey are materially injuring or threatening material
injury to a U.S. industry.\36\ A negative ITC determination for any
country will result in the investigation being terminated with respect
to that country.\37\ Otherwise, the investigations will proceed
according to statutory and regulatory time limits.
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\36\ See section 733(a) of the Act.
\37\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, provide an explanation identifying
the information already on the record that the factual information
seeks to rebut, clarify, or correct.\38\ Time limits for the submission
of factual information are addressed in 19 CFR 351.301, which provides
specific time limits based on the type of factual information being
submitted. Interested parties should review the regulations prior to
submitting factual information in these investigations.
---------------------------------------------------------------------------
\38\ See 19 CFR 351.301(b).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301 or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances
Commerce will grant untimely-filed requests for the extension of time
limits. Parties should review Commerce's regulations concerning the
extension of time limits prior to submitting extension requests in
these investigations.\39\
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\39\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Commerce website at https://enforcement.trade.gov/apo. Parties wishing to participate in these
investigations should ensure that they meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of appearance). Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\42\
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\42\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: January 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is certain steel
nails having a nominal shaft or shank length not exceeding 12
inches. Certain steel nails include, but are not limited to, nails
made from round wire and nails that are cut from flat-rolled steel
or long-rolled flat steel bars. Certain steel nails may be of one
piece construction or constructed of two or more pieces. Examples of
nails constructed of two or more pieces include, but are not limited
to, anchors comprised of an anchor body made of zinc or nylon and a
steel pin or a steel nail; crimp drive anchors; split-drive anchors,
and strike pin anchors. Also included in the scope are anchors of
one piece construction.
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 or shaft 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 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.
[[Page 3975]]
Also excluded from the scope are certain steel nails with a
nominal shaft or shank length of one inch or less that are a
component of an unassembled article, where the total number of nails
is sixty (60) or less, and 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 these investigations are nails
suitable for use in powder-actuated hand tools, whether or not
threaded, which are currently classified under HTSUS subheadings
7317.00.2000 and 7317.00.3000.
Also excluded from the scope of these investigations are nails
suitable for use in gas-actuated hand tools. These nails have 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.
Also excluded from the scope of these investigations 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 these investigations are thumb
tacks, which are currently classified under HTSUS subheading
7317.00.1000.
Also excluded from the scope are decorative or upholstery tacks.
Certain steel nails subject to these investigations are
currently classified under HTSUS subheadings 7317.00.5501,
7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507,
7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519,
7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550,
7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590,
7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails
subject to these investigations also may be classified under HTSUS
subheadings 7318.15.5060, 7318.15.5090, 7907.00.6000, 8206.00.0000
or other HTSUS subheadings. While the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2022-01509 Filed 1-25-22; 8:45 am]
BILLING CODE 3510-DS-P
