80 FR 28962 - Certain Steel Nails From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range		28962-28964
FR Document		2015-12278

The Department of Commerce (Department) has determined that countervailable subsidies are being provided to producers and exporters of certain steel nails (nails) from the Socialist Republic of Vietnam (Vietnam). For information on the estimated countervailing duty rates, see the ``Suspension of Liquidation'' section, below.

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

[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28962-28964]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-12278]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-819]

Certain Steel Nails From the Socialist Republic of Vietnam: Final
Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Department) has determined that
countervailable subsidies are being provided to producers and exporters
of certain steel nails (nails) from the Socialist Republic of Vietnam
(Vietnam). For information on the estimated countervailing duty rates,
see the ``Suspension of Liquidation'' section, below.

DATES: Effective Date: May 20, 2015.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, Thomas Schauer, or
Shane Subler, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-6478, (202) 482-0410, and (202) 482-0189, respectively.

SUPPLEMENTARY INFORMATION:

Background

The petitioner in this investigation is Mid Continent Steel & Wire,
Inc. The period for which we are measuring subsidies, or period of
investigation, is January 1, 2013, through December 31, 2013.

Case History

The events that have occurred since the Department published the
Preliminary Determination on November 3, 2014,\1\ are discussed in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file

[[Page 28963]]

electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov, The
Issues and Decision Memorandum is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\1\ Certain Steel Nails From the Socialist Republic of Vietnam:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination, 79 FR 65184 (November 3, 2014)
(Preliminary Determination) and accompanying Memorandum, ``Decision
Memorandum for the Preliminary Determination in the Countervailing
Duty Investigation of Certain Steel Nails from the Socialist
Republic of Vietnam'' (Preliminary Decision Memorandum).
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations from
James Maeder, Office Director, Office I, ``Decision Memorandum for
the Final Determination in the Countervailing Duty Investigation of
Certain Steel Nails from the Socialist Republic of Vietnam'' dated
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

The product covered by this investigation is certain steel nails
from Vietnam. 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. The scope
in Appendix I reflects all modifications to the scope made by the
Department for this final 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 to this investigation are
addressed in the Issues and Decision Memorandum. Attached as Appendix
II is a list of the issues that parties have raised and to which we
have responded in the Issues and Decision Memorandum.

Use of Adverse Facts Available

For purposes of this final determination, we have relied on facts
available and applied adverse inferences, in accordance with sections
776(a) and (b) of the Act, to determine the subsidy rates for the
mandatory respondents. For a full discussion of these issues, see the
Decision Memorandum, at ``Use of Facts Otherwise Available and Adverse
Facts Available.''

Suspension of Liquidation

In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a countervailing duty rate for the two individually
investigated producers/exporters of the subject merchandise, Region
Industries Co., Ltd. (Region) and United Nail Products Co. (United).
With respect to the all-others rate, section 705(c)(5)(A)(ii) of the
Act provides that if the countervailable subsidy rates established for
all exporters and producers individually investigated are determined
entirely in accordance with section 776 of the Act, the Department may
use any reasonable method to establish an all-others rate for exporters
and producers not individually investigated. In this case, the rates
calculated for the investigated companies are based entirely on adverse
facts available under section 776 of the Act. Because there is no other
information on the record, we based the all-others rate on the AFA
rates calculated for Region and United, consistent with our
practice.\3\ We calculated the all-others rate using a simple average
of Region's and United's rates.
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\3\ See Raw Flexible Magnets from the People's Republic of
China: Affirmative Countervailing Duty Determination, 73 FR 39667
(July 10, 2008); Final Affirmative Countervailing Duty
Determination: Certain Hot-Rolled Carbon Steel Flat Products From
Argentina, 66 FR 37007, 37008 (July 16, 2001); Final Affirmative
Countervailing Duty Determination: Prestressed Concrete Steel Wire
Strand From India, 68 FR 68356, 68357 (December 8, 2003).
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We determine the total estimated net countervailable subsidy rates
to be:

------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Region Industries Co., Ltd................. 288.56 percent
United Nail Products Co. Ltd............... 313.97 percent
All Others................................. 301.27 percent
------------------------------------------------------------------------

As a result of our affirmative Preliminary Determination, pursuant
to sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from Vietnam which were entered or withdrawn from
warehouse, for consumption on or after November 3, 2014, the date of
the publication of the Preliminary Determination in the Federal
Register.
In accordance with section 703(d) of the Act, we later issued
instructions to CBP to discontinue the suspension of liquidation for
countervailing duty purposes for subject merchandise entered, or
withdrawn from warehouse, on or after March 3, 2015, but to continue
the suspension of liquidation of all entries from November 3, 2014,
through March 2, 2015.
We will issue a countervailing duty order and reinstate the
suspension of liquidation under section 706(a) of the Act if the United
States International Trade Commission (ITC) issues a final affirmative
injury determination, and we will instruct CBP to require a cash
deposit of estimated countervailing duties for such entries of
merchandise in the amounts indicated above. If the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.

ITC Notification

In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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

[[Page 28964]]

APO is a violation which is subject to sanction.
This determination is 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.\4\
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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\4\ 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 Comments and Issues in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Facts Available
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1 Whether the Respondents Cooperated to the Best of
their Ability and Should Be Subject to Adverse Facts Available
Comment 2 Whether the Department's Post-Preliminary Application
of Adverse Facts Available with Respect to Land Preferences for
Enterprises in Encouraged Industries or Industrial Zones was
Justified
Comment 3 Whether the Department's Preliminary Application of
Adverse Facts Available with Respect to Import Duty Exemptions for
Raw Materials was Justified
IX. Recommendation

[FR Doc. 2015-12278 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices 28963

electronically via Enforcement and Memorandum. The scope in Appendix a countervailing duty rate for the two
Compliance’s Antidumping and I reflects all modifications to the scope individually investigated producers/
Countervailing Duty Centralized made by the Department for this final exporters of the subject merchandise,
Electronic Service System (ACCESS). determination. Region Industries Co., Ltd. (Region) and
ACCESS is available to registered users Analysis of Subsidy Programs and United Nail Products Co. (United). With
at http://access.trade.gov, The Issues Comments Received respect to the all-others rate, section
and Decision Memorandum is available 705(c)(5)(A)(ii) of the Act provides that
to all parties in the Central Records The subsidy programs under
if the countervailable subsidy rates
Unit, room 7046 of the main Department investigation and the issues raised in
the case and rebuttal briefs by parties to established for all exporters and
of Commerce building. In addition, a producers individually investigated are
complete version of the Issues and this investigation are addressed in the
Issues and Decision Memorandum. determined entirely in accordance with
Decision Memorandum can be accessed section 776 of the Act, the Department
directly at http://enforcement.trade.gov/ Attached as Appendix II is a list of the
issues that parties have raised and to may use any reasonable method to
frn/. The signed Issues and Decision
which we have responded in the Issues establish an all-others rate for exporters
Memorandum and the electronic
versions of the Issues and Decision and Decision Memorandum. and producers not individually
Memorandum are identical in content. investigated. In this case, the rates
Use of Adverse Facts Available
calculated for the investigated
Scope of the Investigation For purposes of this final companies are based entirely on adverse
determination, we have relied on facts facts available under section 776 of the
The product covered by this available and applied adverse
investigation is certain steel nails from Act. Because there is no other
inferences, in accordance with sections information on the record, we based the
Vietnam. For a full description of the 776(a) and (b) of the Act, to determine
scope of the investigation, see Appendix all-others rate on the AFA rates
the subsidy rates for the mandatory
I to this notice. calculated for Region and United,
respondents. For a full discussion of
Since the Preliminary Determination, consistent with our practice.3 We
these issues, see the Decision
several interested parties (i.e., IKEA calculated the all-others rate using a
Memorandum, at ‘‘Use of Facts
Supply AG, The Home Depot, Target Otherwise Available and Adverse Facts simple average of Region’s and United’s
Corporation, and Petitioner) commented Available.’’ rates.
on the scope of these investigations. The We determine the total estimated net
Department reviewed these comments Suspension of Liquidation
countervailable subsidy rates to be:
and made certain changes. For further In accordance with section
discussion, see the Issues and Decision 705(c)(1)(B)(i) of the Act, we calculated

Company Subsidy rate

Region Industries Co., Ltd ......................................................................................................................... 288.56 percent
United Nail Products Co. Ltd ..................................................................................................................... 313.97 percent
All Others ................................................................................................................................................... 301.27 percent

As a result of our affirmative liquidation under section 706(a) of the privileged and business proprietary
Preliminary Determination, pursuant to Act if the United States International information in our files, provided the
sections 703(d)(1)(B) and (2) of the Act, Trade Commission (ITC) issues a final ITC confirms that it will not disclose
we instructed U.S. Customs and Border affirmative injury determination, and such information, either publicly or
Protection (CBP) to suspend liquidation we will instruct CBP to require a cash under an administrative protective order
of entries of subject merchandise from deposit of estimated countervailing (APO), without the written consent of
Vietnam which were entered or duties for such entries of merchandise the Assistant Secretary for Enforcement
withdrawn from warehouse, for in the amounts indicated above. If the and Compliance.
consumption on or after November 3, ITC determines that material injury, or
Return or Destruction of Proprietary
2014, the date of the publication of the threat of material injury, does not exist,
Information
Preliminary Determination in the this proceeding will be terminated and
Federal Register. all estimated duties deposited or In the event that the ITC issues a final
In accordance with section 703(d) of securities posted as a result of the negative injury determination, this
the Act, we later issued instructions to suspension of liquidation will be notice will serve as the only reminder
CBP to discontinue the suspension of refunded or canceled. to parties subject to an APO of their
liquidation for countervailing duty responsibility concerning the
ITC Notification destruction of proprietary information
purposes for subject merchandise
entered, or withdrawn from warehouse, In accordance with section 705(d) of disclosed under APO in accordance
on or after March 3, 2015, but to the Act, we will notify the ITC of our with 19 CFR 351.305(a)(3). Timely
continue the suspension of liquidation determination. In addition, we are written notification of the return/
of all entries from November 3, 2014, making available to the ITC all non- destruction of APO materials or
mstockstill on DSK4VPTVN1PROD with NOTICES

through March 2, 2015. privileged and non-proprietary conversion to judicial protective order is
We will issue a countervailing duty information related to this investigation. hereby requested. Failure to comply
order and reinstate the suspension of We will allow the ITC access to all with the regulations and terms of an
3 See Raw Flexible Magnets from the People’s Certain Hot-Rolled Carbon Steel Flat Products From Strand From India, 68 FR 68356, 68357 (December
Republic of China: Affirmative Countervailing Duty Argentina, 66 FR 37007, 37008 (July 16, 2001); 8, 2003).
Determination, 73 FR 39667 (July 10, 2008); Final Final Affirmative Countervailing Duty
Affirmative Countervailing Duty Determination: Determination: Prestressed Concrete Steel Wire

VerDate Sep<11>2014 23:50 May 19, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1

Document Created: 2018-02-21 10:29:16
Document Modified: 2018-02-21 10:29:16

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		Sergio Balbontin, Thomas Schauer, or Shane Subler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6478, (202) 482-0410, and (202) 482-0189, respectively.
FR Citation		80 FR 28962

80 FR 28962 - Certain Steel Nails From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration