80 FR 28958 - Certain Steel Nails From the Sultanate of Oman: Final Negative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range		28958-28959
FR Document		2015-12263

The Department of Commerce (the Department) determines that de minimis countervailable subsidies are being provided to producers and exporters of certain steel nails (nails) from the Sultanate of Oman. The period of investigation is January 1, 2013, through December 31, 2013.

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)

[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28958-28959]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-12263]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-809]

Certain Steel Nails From the Sultanate of Oman: Final Negative
Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that de
minimis countervailable subsidies are being provided to producers and
exporters of certain steel nails (nails) from the Sultanate of Oman.
The period of investigation is January 1, 2013, through December 31,
2013.

DATES: Effective Date: May 20, 2015.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Trisha Tran, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1391 and (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

Petitioner in this investigation is Mid Continent Steel & Wire,
Inc. (Petitioner). This investigation covers 10 subsidy programs. In
addition to the Government of the Sultanate of Oman (the GSO), the
respondent in this investigation is Oman Fasteners LLC (Oman
Fasteners).

Case History

The following events have occurred since we published the
Preliminary Determination on November 3, 2014.\1\
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\1\ See Certain Steel Nails from the Sultanate of Oman:
Preliminary Negative Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with Final Antidumping
Duty Determination, 79 FR 65178 (November 3, 2014) (Preliminary
Determination).
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We conducted verification of the GSO's and Oman Fasteners'
questionnaire responses from January 11, 2015 through January 15, 2015,
and issued verification reports on February 9, 2015 and February 13,
2015. Oman Fasteners, the GSO, and Petitioner submitted case briefs on
February 26, 2015. Petitioner, Oman Fasteners, the GSO, and Overseas
International Steel Industry, LLC (OISI) submitted rebuttal briefs on
March 3, 2015.

Scope of the Investigation

The product covered by this investigation is certain steel nails
from Sultanate of Oman. For a full description of the scope of the
investigation, see Appendix I to this notice.
Since the Preliminary Determination, several interested parties
(i.e., IKEA Supply AG, The Home Depot, Target Corporation, and
Petitioner) commented on the scope of these investigations. The
Department reviewed these comments and made certain changes. For
further discussion, see the Issues and Decision Memorandum.\2\ The
scope in Appendix I reflects all modifications to the scope made by the
Department for this final determination.
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\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Howard Smith, Acting Office Director for Enforcement and Compliance
(Office IV) Antidumping and Countervailing Duty Operations, ``Issues
and Decision Memorandum for the Final Determination of the
Countervailing Duty Investigation of Certain Steel Nails from the
Sultanate of Oman'' (Issues and Decision Memorandum), dated
concurrently with this determination and hereby adopted by this
notice.
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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,\3\ which is
concurrently dated with, and hereby adopted by, this notice. A list of
topics discussed in the Issues and Decision Memorandum is attached to
this notice as Appendix II. The Issues and Decision Memorandum is a
public document and is on file electronically via ACCESS. In addition,
a complete version of the Issues and Decision Memorandum can be
accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the
electronic version of the Issues and Decision Memorandum are identical
in content.
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\3\ Public versions of all business proprietary documents and
all public documents are on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). Access to ACCESS is available to
registered users at http://access.trade.gov and in the Department's
Central Records Unit, room 7046 of the main Department building.
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Final Determination

The total estimated net countervailable subsidy rate is:

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Company Subsidy rate
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Oman Fasteners LLC........................ 0.24 percent (de minimis)
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Because the total estimated net countervailable subsidy rate for
the

[[Page 28959]]

examined company is de minimis, we determine that countervailable
subsidies are not being provided to producers or exporters of nails in
Oman. We have not calculated an all-others rate pursuant to sections
705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act)
because we have not reached an affirmative final determination. Because
our final determination is negative, this proceeding is terminated in
accordance with section 705(c)(2) of the Act.
In the Preliminary Determination, the total net countervailable
subsidy rate for the individually examined respondent was de minimis
and, therefore, we did not suspend liquidation of entries of nails from
Oman.\4\ Because the estimated subsidy rate for the examined company is
de minimis in this final determination, we are not directing U.S.
Customs and Border Protection to suspend liquidation of entries of
nails from the Sultanate of Oman.
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\4\ See Preliminary Determination, 79 FR at 65179.
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United States International Trade Commission (USITC) Notification

In accordance with section 705(d) of the Act, we will notify the
USITC of our final determination. Because our final determination is
negative, this investigation is terminated.

Return or Destruction of Proprietary Information

This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction 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 that is subject
to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.

Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.

Appendix I--Scope of the Investigation

The merchandise covered by this investigation is certain steel
nails having a nominal shaft length not exceeding 12 inches.\5\
Certain steel nails include, but are not limited to, nails made from
round wire and nails that are cut from flat-rolled steel. Certain
steel nails may be of one piece construction or constructed of two
or more pieces. 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 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.
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\5\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
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Excluded from the scope of this investigation 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 length of one inch or less that are (a) a component of
an unassembled article, (b) the total number of nails is sixty (60)
or less, and (c) 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 steel
nails that meet the specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM Standard F1667 (2013
revision).
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
7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this investigation are nails
having 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, suitable
for use in gas-actuated hand tools.
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
7317.00.10.00.
Certain steel nails subject to this investigation are currently
classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to this investigation
also may be classified under HTSUS subheading 8206.00.00.00 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 in the Issues and Decision Memorandum

I. SUMMARY
II. BACKGROUND
III. SCOPE OF THE INVESTIGATION
IV. SCOPE COMMENTS
V. SUBSIDIES VALUATION
VI. ANALYSIS OF PROGRAMS
VII. ANALYSIS OF COMMENTS
VIII. RECOMMENDATION

[FR Doc. 2015-12263 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P

Document Created: 2018-02-21 10:29:38
Document Modified: 2018-02-21 10:29:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: May 20, 2015.
Contact		Dana Mermelstein or Trisha Tran, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1391 and (202) 482-4852, respectively.
FR Citation		80 FR 28958

80 FR 28958 - Certain Steel Nails From the Sultanate of Oman: Final Negative Countervailing Duty Determination

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 97 (May 20, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration