Certain Steel Nails From Sri Lanka: Final Negative Determination of Sales at Less Than Fair Value, 78933-78935 [2022-28019]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
did occur and the subsequent
assessment of doubled antidumping
duties.
Scope Comments
International Trade Administration
On July 5, 2022, we issued the
Preliminary Scope Decision
Memorandum.3 The scope case briefs
were due on July 19, 2022.4 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.
[A–542–804]
Certain Steel Nails From Sri Lanka:
Final Negative Determination of Sales
at Less Than Fair Value
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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 the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
Background
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
On August 4, 2022, Commerce
published in the Federal Register its
preliminary negative determination in
the LTFV investigation of steel nails
from Sri Lanka, in which it also
postponed the final determination until
December 19, 2022.1 Commerce invited
interested parties to comment on the
Preliminary Determination.
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 available 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.
Dated: December 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Costs of Production
Comment 2: Adjustment of U.S. Indirect
Selling Expense Ratio
Comment 3: Adjustment of General and
Administrative Expenses
Comment 4: U.S. Repacking Expense
V. Recommendation
[FR Doc. 2022–28007 Filed 12–22–22; 8:45 am]
BILLING CODE 3510–DS–P
TKELLEY on DSK125TN23PROD with NOTICE
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain steel nails (steel nails) from Sri
Lanka are not being, nor 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:
Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805.
SUPPLEMENTARY INFORMATION:
Administrative Protective Order
VerDate Sep<11>2014
20:36 Dec 22, 2022
Jkt 259001
78933
AGENCY:
1 See Certain Steel Nails from Sri Lanka:
Preliminary Negative Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 87 FR 47701 (August 4, 2022)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Negative Determination of Sales at LessThan-Fair-Value in the Investigation of Certain
Steel Nails from Sri Lanka,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
Scope of the Investigation
The product covered by this
investigation is steel nails from Sri
Lanka. For a complete description of the
scope of this investigation, see
Appendix I.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation
pursuant to section 782(i) of the Tariff
Act of 1930, as amended (the Act).
Accordingly, we took additional steps in
lieu of an on-site verification and
requested additional documentation and
information.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Decision Memorandum is attached to
this notice as Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made a change
to the margin calculation for Trinity
Steel Private Limited since the
Preliminary Determination. For a
discussion of the change, see the Issues
and Decision Memorandum.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margin exists for the POI:
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 Decision
Memorandum).
4 Id at 4.
5 See Commerce’s Letter, ‘‘Questionnaire in Lieu
of Verification,’’ dated October 3, 2022.
E:\FR\FM\23DEN1.SGM
23DEN1
78934
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
Exporter or producer
Weightedaverage
dumping
margin
(percent)
Trinity Steel Private Limited .......
0.00
Appendix I
Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters pursuant to sections
735(c)(1)(B) and (c)(5) of the Act,
because it has not made a final
affirmative determination of sales at
LTFV.
Disclosure
Commerce intends to disclose its
calculations and analysis 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 date of publication of this notice
in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because Commerce has made a final
negative determination of sales at LTFV
with regard to subject merchandise,
Commerce will not direct U.S. Customs
and Border Protection to suspend
liquidation or to require a cash deposit
of estimated antidumping duties for
entries of steel nails from Sri Lanka.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final negative determination of sales
at LTFV. As our final determination is
negative, this proceeding is terminated
in accordance with section 735(c)(2) of
the Act.
TKELLEY on DSK125TN23PROD with NOTICE
Administrative Protective Order
This notice serves as a final reminder
to the 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 or
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 subject to sanction.
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).
VerDate Sep<11>2014
20:36 Dec 22, 2022
Jkt 259001
Dated: December 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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)
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
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
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. Change Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Valuation of Constructed
Value (CV) Profit and Indirect Selling
Expense (ISE) Ratios
Comment 2: Application of the Cohen’s d
Test
Comment 3: Quarterly Cost Database
E:\FR\FM\23DEN1.SGM
23DEN1
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
V. Recommendation
BILLING CODE 3510–DS–P
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
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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
TKELLEY on DSK125TN23PROD with NOTICE
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
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.
20:36 Dec 22, 2022
Jkt 259001
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
Scope of the Investigation
evaluation of its margin calculation, we
find that all of the sales information
The products covered by this
investigation are nails from Turkey. For submitted by Sertel Vida is unverified.
For further discussion, see the Issues
a full description of the scope of this
and Decision Memorandum.
investigation, see Appendix I.
Changes from the Preliminary
Analysis of Comments Received
Determination
Based on our analysis of the comment
The sole issue raised in comments
received and our findings at
that were submitted by parties in this
verification, we made certain changes to
investigation is addressed in the Issues
the margin calculations for Aslanbas
and Decision Memorandum.6 A list of
and Sertel Vida. For a discussion of
the issues addressed in the Issues and
these changes, see the Issues and
Decision Memorandum is attached to
Decision Memorandum. Additionally,
this notice at Appendix II. The Issues
because the U.S. International Trade
and Decision Memorandum is a public
Commission (ITC) found that the United
document and is on file electronically
States is not materially injured or
via Enforcement and Compliance’s
threatened with material injury by
Antidumping and Countervailing Duty
reason of imports of steel nails from
Centralized Electronic Service System
India, Oman, and Turkey, the
(ACCESS). ACCESS is available to
companion countervailing duty
registered users at https://
access.trade.gov. In addition, a complete investigation has been terminated.7
Thus, we will not adjust the final
version of the Issues and Decision
estimated weighted-average dumping
Memorandum can be accessed directly
margin for Aslanbas or Sertel Vida for
at https://access.trade.gov/public/
export subsidies to determine each
FRNoticesListLayout.aspx.
company’s cash deposit rate.
Verification
Adverse Facts Available
As provided in section 782(i) of the
Due to our inability to verify Sertel
Tariff Act of 1930, as amended (the Act),
in September 2022, we verified the sales Vida’s submitted data, we are unable to
use its data to calculate an accurate
and cost information submitted by
dumping margin for the company. We
Aslanbas Civi Tel Ve Celik Hasir San
also find that Sertel Vida did not act to
A.S (Aslanbas), for use in our final
the best of its ability to comply with our
determination. We used standard
requests for information. Therefore, for
verification procedures, including an
examination of relevant accounting and this final determination we find it
appropriate to assign Sertel Vida an
production records, and original source
estimated weighted-average dumping
documents provided by Aslanbas.
margin based on facts available with an
In addition, as provided in section
adverse inference (AFA), in accordance
782(i) of the Act, in September and
October 2022, we conducted verification with sections 776(a) and (b) of the Act
and 19 CFR 351.308. For further
of the cost and sales information
submitted by Sertel Vida using standard discussion, see the Issues and Decision
Memorandum.
verification procedures. However, as
Pursuant to section 776(b) of the Act,
explained in the Issues and Decision
Memorandum, Commerce was unable to we examined the dumping margins
alleged in the petition, the weightedverify the accuracy of Sertel Vida’s
average dumping margins calculated in
4 See Memorandum, ‘‘Antidumping Duty
this final determination, and other
Investigations of Certain Steel Nails from India, Sri
information of the record of this
Lanka, Thailand, and Turkey and Countervailing
investigation to determine an
Duty Investigations of Certain Steel Nails from
appropriate estimated weighted-average
India, Oman, Sri Lanka, Thailand, and Turkey:
dumping margin for Sertel Vida based
Preliminary Scope Decision Memorandum,’’ dated
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.
[FR Doc. 2022–28019 Filed 12–22–22; 8:45 am]
VerDate Sep<11>2014
78935
July 5, 2022 (Preliminary Scope Decision
Memorandum).
5 Id. at 4.
6 See the Issues and Decision Memorandum.
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Sfmt 4703
7 See ITC’s Letter, Notification Regarding the
Countervailing Duty Investigation, dated October 6,
2022.
E:\FR\FM\23DEN1.SGM
23DEN1
]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78933-78935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28019]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-542-804]
Certain Steel Nails From Sri Lanka: Final Negative 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 (steel nails) from Sri Lanka are not being, nor 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: Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published in the Federal Register its
preliminary negative determination in the LTFV investigation of steel
nails from Sri Lanka, in which it also postponed the final
determination until December 19, 2022.\1\ Commerce invited interested
parties to comment on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from Sri Lanka: Preliminary Negative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 87 FR 47701 (August 4, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
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
available 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.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Decision Memorandum for the Final Negative
Determination of Sales at Less-Than-Fair-Value in the Investigation
of Certain Steel Nails from Sri Lanka,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope Comments
On July 5, 2022, we issued the Preliminary Scope Decision
Memorandum.\3\ The scope case briefs were due on July 19, 2022.\4\ 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.
---------------------------------------------------------------------------
\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
Decision Memorandum).
\4\ Id at 4.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is steel nails from Sri
Lanka. For a complete description of the scope of this investigation,
see Appendix I.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation pursuant to section 782(i) of the Tariff Act of 1930, as
amended (the Act). Accordingly, we took additional steps in lieu of an
on-site verification and requested additional documentation and
information.\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Questionnaire in Lieu of
Verification,'' dated October 3, 2022.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made a change to
the margin calculation for Trinity Steel Private Limited since the
Preliminary Determination. For a discussion of the change, see the
Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the POI:
[[Page 78934]]
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Trinity Steel Private Limited.............................. 0.00
------------------------------------------------------------------------
Commerce has not calculated an estimated weighted-average dumping
margin for all other producers and exporters pursuant to sections
735(c)(1)(B) and (c)(5) of the Act, because it has not made a final
affirmative determination of sales at LTFV.
Disclosure
Commerce intends to disclose its calculations and analysis
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 date of publication of this notice in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because Commerce has made a final negative determination of sales
at LTFV with regard to subject merchandise, Commerce will not direct
U.S. Customs and Border Protection to suspend liquidation or to require
a cash deposit of estimated antidumping duties for entries of steel
nails from Sri Lanka.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final negative
determination of sales at LTFV. As our final determination is negative,
this proceeding is terminated in accordance with section 735(c)(2) of
the Act.
Administrative Protective Order
This notice serves as a final reminder to the 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 or 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 subject
to sanction.
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.
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. Change Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Valuation of Constructed Value (CV) Profit and
Indirect Selling Expense (ISE) Ratios
Comment 2: Application of the Cohen's d Test
Comment 3: Quarterly Cost Database
[[Page 78935]]
V. Recommendation
[FR Doc. 2022-28019 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P
