Certain Steel Nails From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value, 78935-78937 [2022-28018]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78935-78937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28018]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-846]


Certain Steel Nails From the Republic of Turkey: Final 
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) 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.

DATES: Applicable December 23, 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

    On August 4, 2022, Commerce published in the Federal Register the 
Preliminary Determination of sales at LTFV of nails from Turkey.\1\ We 
invited interested parties to comment on the Preliminary Determination. 
We received one case brief from Sertel Vida Metal A.S. (Sertel 
Vida).\2\ We received no other case or rebuttal briefs. A summary of 
the events that occurred since Commerce published the Preliminary 
Determination, as well as a full discussion of the issues raised by 
Sertel Vida for the final determination, may be found in the Issues and 
Decision Memorandum.\3\
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    \1\ See Certain Steel Nails from the Republic of Turkey: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 87 FR 47699 (August 4, 2022) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Sertel Vida's Letter, ``Sertel Case Brief,'' dated 
November 14, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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.
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Scope Comments

    On July 5, 2022, we issued the Preliminary Scope Decision 
Memorandum.\4\ The scope case briefs were due on July 19, 2022.\5\ We 
did not receive any scope case briefs from interested parties. 
Therefore, Commerce has not made any changes to the scope of this 
investigation since the Preliminary Determination.
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    \4\ 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 Memorandum).
    \5\ Id. at 4.
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Scope of the Investigation

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

Analysis of Comments Received

    The sole issue raised in comments that were submitted by parties in 
this investigation is addressed in the Issues and Decision 
Memorandum.\6\ A list of the issues addressed in the Issues and 
Decision Memorandum is attached to this notice at Appendix II. 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.
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    \6\ See the Issues and Decision Memorandum.
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in September 2022, we verified the sales and cost 
information submitted by Aslanbas Civi Tel Ve Celik Hasir San A.S 
(Aslanbas), for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Aslanbas.
    In addition, as provided in section 782(i) of the Act, in September 
and October 2022, we conducted verification of the cost and sales 
information submitted by Sertel Vida using standard verification 
procedures. However, as explained in the Issues and Decision 
Memorandum, Commerce was unable to verify the accuracy of Sertel Vida's 
reporting with respect to its sales data. As a consequence, we find 
that Sertel Vida's reported sales data are unverified, and, thus, 
cannot serve as a reliable basis for calculating an accurate margin for 
Sertel Vida in this investigation. Specifically, because we encountered 
so many errors within Sertel Vida's reported sales data at 
verification, and the submitted sales information is integral to the 
proper evaluation of its margin calculation, we find that all of the 
sales information submitted by Sertel Vida is unverified. For further 
discussion, see the Issues and Decision Memorandum.
    Changes from the Preliminary Determination
    Based on our analysis of the comment received and our findings at 
verification, we made certain changes to the margin calculations for 
Aslanbas and Sertel Vida. For a discussion of these changes, see the 
Issues and Decision Memorandum. Additionally, because the U.S. 
International Trade Commission (ITC) found that the United States is 
not materially injured or threatened with material injury by reason of 
imports of steel nails from India, Oman, and Turkey, the companion 
countervailing duty investigation has been terminated.\7\ Thus, we will 
not adjust the final estimated weighted-average dumping margin for 
Aslanbas or Sertel Vida for export subsidies to determine each 
company's cash deposit rate.
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    \7\ See ITC's Letter, Notification Regarding the Countervailing 
Duty Investigation, dated October 6, 2022.
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Adverse Facts Available

    Due to our inability to verify Sertel Vida's submitted data, we are 
unable to use its data to calculate an accurate dumping margin for the 
company. We also find that Sertel Vida did not act to the best of its 
ability to comply with our requests for information. Therefore, for 
this final determination we find it appropriate to assign Sertel Vida 
an estimated weighted-average dumping margin based on facts available 
with an adverse inference (AFA), in accordance with sections 776(a) and 
(b) of the Act and 19 CFR 351.308. For further discussion, see the 
Issues and Decision Memorandum.
    Pursuant to section 776(b) of the Act, we examined the dumping 
margins alleged in the petition, the weighted-average dumping margins 
calculated in this final determination, and other information of the 
record of this investigation to determine an appropriate estimated 
weighted-average dumping margin for Sertel Vida based

[[Page 78936]]

on AFA. We are assigning the highest transaction-specific dumping 
margin calculated for Aslanbas as the estimated weighted-average 
dumping margin to Sertel Vida based on AFA. Because we are relying on 
information obtained in the course of this investigation, we do not 
need to corroborate this margin pursuant section 776(c) of the Act. For 
further discussion, see the Issues and Decision Memorandum at ``Use of 
Adverse Facts Available.''

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others 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 any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Aslanbas is the only respondent for which Commerce calculated 
a company-specific estimated weighted-average dumping margin that is 
above de minimis and not based entirely on AFA. Therefore, for purposes 
of determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the estimated weighted-average 
dumping margin calculated for Aslanbas, as referenced in the ``Final 
Determination'' section, below.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Aslanbas Civi Tel Ve Celik Hasir San A.S....................       27.62
Sertel Vida Metal A.S.......................................      118.20
All Others..................................................       27.62
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of nails from Turkey, as 
described in Appendix I to this notice, entered, or withdrawn from 
warehouse, for consumption on or after August 4, 2022, the date of 
publication of Preliminary Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, Commerce will instruct CBP to require a 
cash deposit for estimated antidumping duties equal to the estimated 
weighted-average dumping margin, 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 
countervailing duty (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. Here, because the ITC made a negative determination in 
the companion CVD proceeding, we are no longer adjusting our cash 
deposit rate to account for export subsidies in this final 
determination.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose under administrative protective order 
(APO) its calculations and related analysis 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 date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

ITC Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
Commerce's final determination is affirmative, in accordance with 
section 735(b)(2) of the Act, the ITC will make its final determination 
as to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports or 
sales (or the likelihood of sales) for importation of nails from Turkey 
no later than 45 days after this final determination. If the ITC 
determines that such injury does not exist, this proceeding will be 
terminated, and all cash deposits posted will be refunded and 
suspension of liquidation will be lifted. If the ITC determines that 
such injury does exist, Commerce will issue an antidumping duty order 
directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation, as discussed above in the 
``Continuation of Suspension of Liquidation'' section.

Administrative Protective Order

    This notice will serve as a final reminder to the parties subject 
to an 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 return or destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: December 19, 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.

[[Page 78937]]

    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 
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 Issues and Decision Memorandum

I. Summary
II. Background
III. Use of Facts Available with an Adverse Inference
IV. Changes from the Preliminary Determination
V. Discussion of the Issue
    Comment: Sertel Vida's Date of Sale
VI. Recommendation
[FR Doc. 2022-28018 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P