Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 47699-47701 [2022-16721]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47699-47701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16721]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-846]


Certain Steel Nails From the Republic of Turkey: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain steel nails (nails) from the Republic of Turkey 
(Turkey) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation (POI) is 
October 1, 2020, through September 30, 2021. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable August 4, 2022.

FOR FURTHER INFORMATION CONTACT: David Crespo or Amaris Wade, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-6334, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on January 26, 
2022.\1\ On May 20, 2022, Commerce postponed the preliminary 
determination of this investigation until July 28, 2022.\2\
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    \1\ See Certain Steel Nails From India, Sri Lanka, Thailand, and 
the Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice).
    \2\ See Certain Steel Nails From India, Sri Lanka, Thailand, and 
the Republic of Turkey: Postponement of Preliminary Determinations 
in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 
2022).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Steel Nails from the Republic of Turkey,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are nails from Turkey. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of this investigation as it appeared in 
the Initiation Notice. On July 5, 2022, Commerce issued its preliminary 
determination regarding the scope of the investigation.\6\ For a 
summary of the product coverage comments and rebuttal responses 
submitted to the record for this investigation, and accompanying 
analysis of all comments timely received, see the Preliminary Scope 
Decision Memorandum. Based on an analysis of the comments received, 
Commerce preliminarily determined to make no changes to the scope 
language from the Initiation Notice, as reflected in Appendix I.\7\ 
Commerce has established a separate briefing schedule for interested 
parties to address the preliminary scope determination.\8\
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 87 FR at 3966.
    \6\ See Memorandum, ``Antidumping Duty Investigations of Certain 
Steel Nails from India, Sri Lanka, Thailand, and Turkey and 
Countervailing Duty Investigations of Certain Steel Nails from 
India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope 
Decision Memorandum,'' dated July 5, 2022 (Preliminary Scope 
Decision Memo).
    \7\ Though Commerce preliminarily determined to make no changes 
to the language of the scope in response to interested parties' 
comments, we note that the scope language as listed in Appendix I 
omits an HTSUS subheading (i.e., 7318.15.5060) originally included 
in the scope language from the Initiation Notice, because Commerce 
determined that this HTSUS subheading does not exist. Id. at 15.
    \8\ Id. at 4-5.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export price in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Aslanbas Civi Tel Ve Celik Hasir San A.S. 
(Aslanbas) and Sertel Vida Metal A.S. (Sertel Vida) that are not zero, 
de minimis, or based entirely on facts otherwise available. Commerce 
calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for the 
individually examined respondents using the publicly ranged total value 
of each respondent's sales of the merchandise under consideration to 
the United States during the POI.\9\
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    \9\ With two respondents under examination, Commerce normally 
calculates (A) a weighted average of the estimated weighted-average 
dumping margins calculated for the examined respondents using the 
confidential total U.S. sales value of the merchandise under 
consideration; (B) a simple average of the estimated weighted-
average dumping margins calculated for the examined respondents; and 
(C) a weighted average of the estimated weighted-average dumping 
margins calculated for the examined respondents using each company's 
publicly-ranged total U.S. sale values for the merchandise under 
consideration. Commerce then compares (B) and (C) to (A) and selects 
the rate closest to (A) as the most appropriate rate for the 
estimated weighted-average dumping margin assigned to all other 
producers and exporters. See Ball Bearings and Parts Thereof from 
France, Germany, Italy, Japan, and the United Kingdom: Final Results 
of Antidumping Duty Administrative Reviews, Final Results of 
Changed-Circumstances Review, and Revocation of an Order in Part, 75 
FR 53661, 53662 (September 1, 2010), and accompanying Issues and 
Decision Memorandum at Comment 1. For a complete analysis of the 
data, see Memorandum, ``Less-Than-Fair-Value Investigation of 
Certain Steel Nails from the Republic of Turkey: Calculation of the 
All-Others Rate for the Preliminary Determination,'' dated 
concurrently with this notice.

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[[Page 47700]]

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:
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    \10\ In the preliminary determination of the companion 
countervailing duty (CVD) proceeding, Commerce found that certain of 
the programs conferring a benefit to the two mandatory respondents, 
Aslanbas and Sertel Vida, were export contingent subsidies. In 
accordance with section 772(c)(1)(C) of the Act, we have 
preliminarily relied on the CVD rates of 0.72 and 0.78 percent 
(i.e., the rates only related to export contingent subsidies) 
calculated for Aslanbas and Sertel Vida, respectively, as well as 
the CVD all others rate of 0.77 percent, for purposes of determining 
the preliminary AD cash deposit rate. See Memorandum, ``Less-Than-
Fair-Value Investigation of Certain Steel Nails from the Republic of 
Turkey: Placing Public Information Related to the Calculation of the 
``All Others Rate'' from the Preliminary Determination of the 
Companion Countervailing Duty Investigation of Certain Steel Nails 
from the Republic of Turkey,'' dated July 25, 2022.

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                                                                     Estimated
                                                                     weighted-                     Cash  deposit
                                                                      average     Export subsidy   rate adjusted
                      Exporter or producer                            dumping         offset        for subsidy
                                                                      margin         (percent)        offset
                                                                     (percent)                    (percent) \10\
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Aslanbas Civi Tel Ve Celik Hasir San A.S........................           22.72            0.72           22.00
Sertel Vida Metal A.S...........................................           38.38            0.78           37.60
All Others......................................................           35.77            0.77           35.00
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit for 
estimated antidumping duties that is equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the companies listed above will be equal 
to the company-specific estimated weighted-average dumping margins 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. Commerce normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion CVD proceeding. Accordingly, in a LTFV investigation where 
Commerce has made an affirmative determination for countervailable 
export subsidies, Commerce has offset the estimated weighted-average 
dumping margin by the appropriate countervailed export subsidy rate. 
The adjusted cash deposit rate may be found in the ``Preliminary 
Determination'' section above.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose under Administrative Protective Order 
its calculations and related analysis to interested parties in this 
preliminary determination within five days of any public announcement 
or, if there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and 
Compliance.\11\ Interested parties will be notified of the timeline for 
the submission of such case briefs and written comments at a later 
date. Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this investigation are 
encouraged to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
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    \11\ Case briefs, other written comments, and rebuttal briefs 
submitted by parties in response to this preliminary LTFV 
determination should not include scope-related issues. The scope 
case briefs deadline was July 19, 2022. See Preliminary Scope 
Decision Memorandum at 4.
    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance within 30 days after the date of publication 
of this notice in the Federal Register. Requests should contain (1) the 
party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national, and 
(4) a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and

[[Page 47701]]

date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
    All requests and submissions must be filed electronically using 
ACCESS.\13\ An electronically filed document must be received 
successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time on 
the date that the submission is due. Commerce has modified certain of 
its requirements for serving documents containing business proprietary 
information until further notice.\14\
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    \13\ See generally 19 CFR 351.303.
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the date of this 
preliminary determination, unless postponed pursuant 19 CFR 
351.210(b)(2).

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If Commerce's final determination is affirmative, the 
ITC will determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether imports of nails from Turkey are materially injuring, or 
threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation 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.
    Also excluded from the scope of this investigation 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 this investigation are nails 
suitable for use in powder-actuated hand tools, whether or not 
threaded, which are currently classified under HTSUS subheadings 
7317.00.2000 and 7317.00.3000.
    Also excluded from the scope of this investigation 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 this investigation are 
corrugated nails. A corrugated nail is made up of a small strip of 
corrugated steel with sharp points on one side.
    Also excluded from the scope of this investigation are thumb 
tacks, which are currently classified under HTSUS subheading 
7317.00.1000.
    Also excluded from the scope are decorative or upholstery tacks.
    Certain steel nails subject to this investigation 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 this investigation 
also may be classified under HTSUS subheadings 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 this investigation is 
dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2022-16721 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P