Certain Steel Nails From Thailand: Final Negative Countervailing Duty Determination, 51343-51345 [2022-18052]
Download as PDF
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 9 Accordingly,
as stated above, the petitioner and the
Government of Russia should submit
their initial entry of appearance after
publication of this notice in order to
appear in the first annual inquiry
service list. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Government of Russia will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Government of Russia are responsible
for making amendments to their entries
of appearance during the annual update
to the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to sodium nitrite from Russia, pursuant
to section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This countervailing order is issued
and published in accordance with
section 706(a) of the Act and 19 CFR
351.211(b).
Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
jspears on DSK121TN23PROD with NOTICES
Appendix
Scope of the Order
The merchandise covered by this order is
sodium nitrite in any form, at any purity
level. In addition, the sodium nitrite covered
by this investigation may or may not contain
an anti-caking agent. Examples of names
commonly used to reference sodium nitrite
are nitrous acid, sodium salt, anti-rust,
diazotizing salts, erinitrit, and filmerine.
Sodium nitrite’s chemical composition is
NaNO2, and it is generally classified under
subheading 2834.10.1000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). The American Chemical Society
Chemical Abstract Service (CAS) has
assigned the name ‘‘sodium nitrite’’ to
sodium nitrite. The CAS registry number is
7632–00–0. For purposes of the scope of this
order, the narrative description is dispositive,
not the tariff heading, CAS registry number
9 See
Final Rule, 86 FR at 52335.
VerDate Sep<11>2014
18:17 Aug 19, 2022
Jkt 256001
or CAS name, which are provided for
convenience and customs purposes.
[FR Doc. 2022–18054 Filed 8–19–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–549–845]
Certain Steel Nails From Thailand:
Final Negative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are not being
provided to producers and exporters of
certain steel nails (steel nails) from
Thailand.
DATES: Applicable August 22, 2022.
FOR FURTHER INFORMATION CONTACT:
Laura Griffith or Jonathan Hall-Eastman,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6430 or
(202) 482–1468, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 7, 2022, Commerce published
the Preliminary Determination in the
Federal Register.1 For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.2 The
Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Period of Investigation
The period of investigation is January
1, 2020, through December 31, 2020.
1 See Certain Steel Nails from Thailand:
Preliminary Negative Countervailing Duty
Determination, 87 FR 34651 (June 7, 2022)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination of the
Countervailing Duty Investigation of Certain Steel
Nails from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
51343
Scope of the Investigation
The products covered by this
investigation are steel nails from
Thailand. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
On July 5, 2022, Commerce issued the
Preliminary Scope Memorandum.3
Commerce received no comments from
interested parties on the Preliminary
Scope Memorandum. Thus, Commerce
made no changes to the scope of this
investigation since the Preliminary
Determination.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs by parties in
this investigation, are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, see
Appendix II of this notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.4 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Act.5
3 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 Memorandum).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
5 See Commerce’s Letters, ‘‘Questionnaire in Lieu
of Verification,’’ dated June 14, 2022, June 15, 2022,
and June 17, 2022, respectively; see also Come
Best’s Letter, ‘‘Certain Steel Nails from Thailand; In
Lieu of Verification Response,’’ dated June 21, 2022;
E:\FR\FM\22AUN1.SGM
Continued
22AUN1
51344
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
Changes Since the Preliminary
Determination
Based on our review and analysis of
the information received in lieu of onsite verification and comments received
from parties, we made a change to the
subsidy rate calculations for Come Best
Thailand Co. Ltd. (Come Best). We made
no changes to the subsidy rate
calculations for Jinhai Hardware Co.,
Ltd. (Jinhai). For a discussion of the
issues, see the Issues and Decision
Memorandum.
Final Determination
Commerce determines that the
following estimated net countervailable
subsidy rates exist:
Company
Come Best Thailand Co., Ltd ....
Jinhai Hardware Co. Ltd ...........
Subsidy rate
(percent ad
valorem)
0.05 (de minimis)
0.10 (de minimis)
In the Preliminary Determination,
consistent with section 703(d) of the
Act, Commerce did not calculate an
estimated weighted-average subsidy rate
for all other producers/exporters
because it did not make an affirmative
preliminary determination. In the
Preliminary Determination, the total net
countervailable subsidy rates for both
companies were de minimis and,
therefore, we did not suspend
liquidation. Because the rates for the
two companies remain de minimis, we
are not directing U.S. Customs and
Border Protection to suspend
liquidation of entries of steel nails from
Thailand.
Disclosure
Commerce intends to disclose its
calculations performed to interested
parties in this final determination
within five days of any public
announcement, or if there is no public
announcement, within five days of the
publication of this notice in accordance
with 19 CFR 351.224(b).
jspears on DSK121TN23PROD with NOTICES
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the U.S.
International Trade Commission of our
determination. As our final
determination is negative, this
proceeding is terminated.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
and Jinhai’s Letter, ‘‘Certain Steel Nails from
Thailand: Submission of Jinhai’s Response to
Questionnaire in Lieu of Verification,’’ dated June
22, 2022.
VerDate Sep<11>2014
18:17 Aug 19, 2022
Jkt 256001
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 771(i) of the Act, and 19 CFR
351.210(c).
Dated: August 15, 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
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
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 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 gasactuated 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
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
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 Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether to Apply Total
Adverse Facts Available (AFA) to Come
Best
Comment 2: Whether the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR) Is Countervailable
VII. Recommendation
[FR Doc. 2022–18052 Filed 8–19–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC234]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Construction of the New
England Wind Offshore Wind Farm,
Offshore Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice; receipt of application for
regulations and Letter of Authorization;
request for comments and information.
ACTION:
NMFS has received a petition
from Park City Wind LLC (Park City
Wind), a wholly owned subsidiary of
Avangrid Renewables, LLC, requesting
authorization to take small numbers of
marine mammals incidental to
construction activities associated with
the New England Wind Offshore Wind
Farm in a designated lease area on the
Outer Continental Shelf (OSC–A 0534)
offshore Massachusetts over the course
of 5 years beginning in 2025. Pursuant
to regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS
is announcing receipt of Park City
Wind’s request for the development and
implementation of regulations
governing the incidental taking of
marine mammals and issuance of a
Letter of Authorization (LOA). NMFS
invites the public to provide
information, suggestions, and comments
on Park City Wind’s application and
request.
jspears on DSK121TN23PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:17 Aug 19, 2022
Jkt 256001
Comments and information must
be received no later than September 21,
2022.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service and should be sent to
ITP.Daly@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of Park City Wind’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable. In case of
problems accessing these documents,
please email the contact listed above.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review. For requests
under section 101(A)(5)(A) of the
MMPA, NMFS is also required to begin
the public review process by publishing
a notice of receipt of a request for the
implementation of regulations
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
51345
governing the incidental taking (50 CFR
216.104(b)(1)(ii)).
An incidental take authorization shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: any act of
pursuit, torment, or annoyance, which
(i) has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On December 1, 2021, NMFS received
an application from Park City Wind
requesting authorization to take, by
Level A harassment and Level B
harassment, 39 species of marine
mammals incidental to construction and
operation activities associated with the
development of the New England Wind
Offshore Wind Farm offshore of
Massachusetts in Commercial Lease
(OCS–A–0534). In response to our
comments, and following extensive
information exchange with NMFS, Park
City Wind submitted a final, revised
application on July 13, 2022, that we
determined was adequate and complete
on July 20, 2022. Park City Wind
requested the regulations and
subsequent LOA be valid for 5 years
beginning in 2025.
Park City Wind is proposing to
develop the New England Wind project
in two Phases with a maximum of 130
wind turbine generators (WTGs) and
electrical service platform (ESP)
positions. Two positions may
potentially have co-located ESPs (i.e.,
two foundations installed at one grid
position), resulting in 132 foundations.
E:\FR\FM\22AUN1.SGM
22AUN1
Agencies
[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51343-51345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18052]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-845]
Certain Steel Nails From Thailand: Final Negative Countervailing
Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are not being provided to producers and
exporters of certain steel nails (steel nails) from Thailand.
DATES: Applicable August 22, 2022.
FOR FURTHER INFORMATION CONTACT: Laura Griffith or Jonathan Hall-
Eastman, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6430
or (202) 482-1468, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2022, Commerce published the Preliminary Determination
in the Federal Register.\1\ For a complete description of the events
that followed the Preliminary Determination, see the Issues and
Decision Memorandum.\2\ The Issues and 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 Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from Thailand: Preliminary Negative
Countervailing Duty Determination, 87 FR 34651 (June 7, 2022)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of the Countervailing Duty Investigation of
Certain Steel Nails from Thailand,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2020, through December
31, 2020.
Scope of the Investigation
The products covered by this investigation are steel nails from
Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
On July 5, 2022, Commerce issued the Preliminary Scope
Memorandum.\3\ Commerce received no comments from interested parties on
the Preliminary Scope Memorandum. Thus, Commerce made no changes to the
scope of this investigation since the Preliminary Determination.
---------------------------------------------------------------------------
\3\ 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
Memorandum).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II of this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found countervailable, Commerce determines that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letters, ``Questionnaire in Lieu of
Verification,'' dated June 14, 2022, June 15, 2022, and June 17,
2022, respectively; see also Come Best's Letter, ``Certain Steel
Nails from Thailand; In Lieu of Verification Response,'' dated June
21, 2022; and Jinhai's Letter, ``Certain Steel Nails from Thailand:
Submission of Jinhai's Response to Questionnaire in Lieu of
Verification,'' dated June 22, 2022.
---------------------------------------------------------------------------
[[Page 51344]]
Changes Since the Preliminary Determination
Based on our review and analysis of the information received in
lieu of on-site verification and comments received from parties, we
made a change to the subsidy rate calculations for Come Best Thailand
Co. Ltd. (Come Best). We made no changes to the subsidy rate
calculations for Jinhai Hardware Co., Ltd. (Jinhai). For a discussion
of the issues, see the Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Come Best Thailand Co., Ltd.......................... 0.05 (de minimis)
Jinhai Hardware Co. Ltd.............................. 0.10 (de minimis)
------------------------------------------------------------------------
In the Preliminary Determination, consistent with section 703(d) of
the Act, Commerce did not calculate an estimated weighted-average
subsidy rate for all other producers/exporters because it did not make
an affirmative preliminary determination. In the Preliminary
Determination, the total net countervailable subsidy rates for both
companies were de minimis and, therefore, we did not suspend
liquidation. Because the rates for the two companies remain de minimis,
we are not directing U.S. Customs and Border Protection to suspend
liquidation of entries of steel nails from Thailand.
Disclosure
Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of any
public announcement, or if there is no public announcement, within five
days of the publication of this notice in accordance with 19 CFR
351.224(b).
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
U.S. International Trade Commission of our determination. As our final
determination is negative, this proceeding is terminated.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 771(i) of the Act, and 19 CFR 351.210(c).
Dated: August 15, 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 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
[[Page 51345]]
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 Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether to Apply Total Adverse Facts Available (AFA)
to Come Best
Comment 2: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Countervailable
VII. Recommendation
[FR Doc. 2022-18052 Filed 8-19-22; 8:45 am]
BILLING CODE 3510-DS-P