80_FR_29061 80 FR 28964 - Certain Steel Nails From Taiwan: Final Negative Countervailing Duty Determination

80 FR 28964 - Certain Steel Nails From Taiwan: Final Negative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range28964-28966
FR Document2015-12277

The Department of Commerce (the Department) determines that no countervailable subsidies are being provided to producers and exporters of certain steel nails (nails) from Taiwan. 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 28964-28966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12277]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-583-855]


Certain Steel Nails From Taiwan: Final Negative Countervailing 
Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that no 
countervailable subsidies are being provided to producers and exporters 
of certain steel nails (nails) from Taiwan. The period of investigation 
is January 1, 2013, through December 31, 2013.

DATES: Effective Date: May 20, 2015.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Dana Mermelstein, 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-
1779 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is Mid Continent Steel & Wire, 
Inc. (the petitioner). This investigation covers 10 subsidy programs. 
In addition to the Taiwan Authorities (the TA), the respondents in this 
investigation are PT Enterprise, Inc. (PT Enterprise) and Quick 
Advance, Inc. (Quick Advance).

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 Taiwan: Preliminary Negative 
Countervailing Duty Determination and Alignment of Final 
Countervailing Duty Determination With Final Antidumping Duty 
Determination, 79 FR 65181 (November 3, 2014) (Preliminary 
Determination).

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[[Page 28965]]

    We conducted verification of the TA's, PT Enterprise's, and Quick 
Advance's questionnaire responses from November 6 through November 13, 
2014, and issued verification reports on December 4, 2014. PT 
Enterprise submitted a case brief on December 12, 2014. Petitioner 
submitted a rebuttal brief on December 17, 2014. No other parties 
submitted case or rebuttal briefs.

Scope of the Investigation

    The product covered by this investigation is certain steel nails 
from Taiwan. 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 the 
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, 
``Issues and Decision Memorandum for the Final Determination in the 
Countervailing Duty Investigation of Certain Steel Nails from 
Taiwan'' (Issues and Decision Memorandum), which is dated 
concurrently with and is 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. A list of subsidy 
programs and the issues that parties raised, and to which we responded 
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 the Antidumping and Countervailing 
Duty Centralized Electronic Service System (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.
    The total estimated net countervailable subsidy rates are:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
------------------------------------------------------------------------
PT Enterprise, Inc...........................................       0.00
Quick Advance, Inc...........................................       0.00
------------------------------------------------------------------------

    Because the total estimated net countervailable subsidy rates are 
zero, we determine that countervailable subsidies are not being 
provided to producers or exporters of nails in Taiwan. 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 rates for the individually examined respondents were zero or de 
minimis and, therefore, we did not suspend liquidation of entries of 
nails from Taiwan.\3\ Because the estimated subsidy rates for both 
examined companies are zero in this final determination, we are not 
directing U.S. Customs and Border Protection to suspend liquidation of 
entries of nails from Taiwan.
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    \3\ Preliminary Determination, 79 FR at 65181.
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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.\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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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)

[[Page 28966]]

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 of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comment
    Comment: Specificity of Grants Under the Energy Technology 
Program
VIII. Recommendation

[FR Doc. 2015-12277 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                  28964                          Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  APO is a violation which is subject to                    seats or camping equipment); (5) seats of                 Adverse Facts Available
                                                  sanction.                                                 cane, osier, bamboo or similar materials; (6)        VII. Analysis of Programs
                                                    This determination is published                         other seats with wooden frames (with the             VIII. Analysis of Comments
                                                  pursuant to sections 705(d) and 777(i) of                 exception of seats of a kind used for aircraft         Comment 1 Whether the Respondents
                                                                                                            or motor vehicles); (7) furniture (other than             Cooperated to the Best of their Ability
                                                  the Act.                                                  seats) of wood (with the exception of i)                  and Should Be Subject to Adverse Facts
                                                    Dated: May 13, 2015.                                    medical, surgical, dental or veterinary                   Available
                                                  Christian Marsh,                                          furniture; and ii) barbers’ chairs and similar         Comment 2 Whether the Department’s
                                                                                                            chairs, having rotating as well as both                   Post-Preliminary Application of Adverse
                                                  Deputy Assistant Secretary for Antidumping
                                                                                                            reclining and elevating movements); or (8)                Facts Available with Respect to Land
                                                  and Countervailing Duty Operations.
                                                                                                            furniture (other than seats) of materials other           Preferences for Enterprises in
                                                  Appendix I                                                than wood, metal, or plastics (e.g., furniture            Encouraged Industries or Industrial
                                                                                                            of cane, osier, bamboo or similar materials).             Zones was Justified
                                                  Scope of the Investigation                                The aforementioned imported unassembled                Comment 3 Whether the Department’s
                                                     The merchandise covered by this                        articles are currently classified under the               Preliminary Application of Adverse
                                                  investigation is certain steel nails having a             following Harmonized Tariff Schedule of the               Facts Available with Respect to Import
                                                  nominal shaft length not exceeding 12                     United States (HTSUS) subheadings: 4418.10,               Duty Exemptions for Raw Materials was
                                                  inches.4 Certain steel nails include, but are             4418.20, 9401.30, 9401.40, 9401.51, 9401.59,              Justified
                                                  not limited to, nails made from round wire                9401.61, 9401.69, 9403.30, 9403.40, 9403.50,         IX. Recommendation
                                                  and nails that are cut from flat-rolled steel.            9403.60, 9403.81 or 9403.89.                         [FR Doc. 2015–12278 Filed 5–19–15; 8:45 am]
                                                  Certain steel nails may be of one piece                     Also excluded from the scope of this
                                                                                                                                                                 BILLING CODE 3510–DS–P
                                                  construction or constructed of two or more                investigation are steel nails that meet the
                                                  pieces. Certain steel nails may be produced               specifications of Type I, Style 20 nails as
                                                  from any type of steel, and may have any                  identified in Tables 29 through 33 of ASTM
                                                  type of surface finish, head type, shank, point           Standard F1667 (2013 revision).                      DEPARTMENT OF COMMERCE
                                                  type and shaft diameter. Finishes include,                  Also excluded from the scope of this
                                                  but are not limited to, coating in vinyl, zinc            investigation are nails suitable for use in          International Trade Administration
                                                  (galvanized, including but not limited to                 powder-actuated hand tools, whether or not           [C–583–855]
                                                  electroplating or hot dipping one or more                 threaded, which are currently classified
                                                  times), phosphate, cement, and paint. Certain             under HTSUS subheadings 7317.00.20.00                Certain Steel Nails From Taiwan: Final
                                                  steel nails may have one or more surface                  and 7317.00.30.00.
                                                  finishes. Head styles include, but are not
                                                                                                                                                                 Negative Countervailing Duty
                                                                                                              Also excluded from the scope of this
                                                  limited to, flat, projection, cupped, oval,               investigation are nails having a case hardness
                                                                                                                                                                 Determination
                                                  brad, headless, double, countersunk, and                  greater than or equal to 50 on the Rockwell          AGENCY:  Enforcement and Compliance,
                                                  sinker. Shank styles include, but are not                 Hardness C scale (HRC), a carbon content             International Trade Administration,
                                                  limited to, smooth, barbed, screw threaded,               greater than or equal to 0.5 percent, a round
                                                  ring shank and fluted. Screw-threaded nails                                                                    Department of Commerce.
                                                                                                            head, a secondary reduced-diameter raised
                                                  subject to this proceeding are driven using               head section, a centered shank, and a smooth         SUMMARY: The Department of Commerce
                                                  direct force and not by turning the nail using            symmetrical point, suitable for use in gas-          (the Department) determines that no
                                                  a tool that engages with the head. Point styles           actuated hand tools.                                 countervailable subsidies are being
                                                  include, but are not limited to, diamond,                   Also excluded from the scope of this               provided to producers and exporters of
                                                  needle, chisel and blunt or no point. Certain             investigation are corrugated nails. A                certain steel nails (nails) from Taiwan.
                                                  steel nails may be sold in bulk, or they may              corrugated nail is made up of a small strip
                                                  be collated in any manner using any material.
                                                                                                                                                                 The period of investigation is January 1,
                                                                                                            of corrugated steel with sharp points on one
                                                     Excluded from the scope of this                                                                             2013, through December 31, 2013.
                                                                                                            side.
                                                  investigation are certain steel nails packaged              Also excluded from the scope of this               DATES: Effective Date: May 20, 2015.
                                                  in combination with one or more non-subject               investigation are thumb tacks, which are             FOR FURTHER INFORMATION CONTACT:
                                                  articles, if the total number of nails of all             currently classified under HTSUS                     Joshua Morris or Dana Mermelstein,
                                                  types, in aggregate regardless of size, is less           subheading 7317.00.10.00.                            AD/CVD Operations, Enforcement and
                                                  than 25. If packaged in combination with one                Certain steel nails subject to this                Compliance, International Trade
                                                  or more non-subject articles, certain steel               investigation are currently classified under
                                                  nails remain subject merchandise if the total                                                                  Administration, U.S. Department of
                                                                                                            HTSUS subheadings 7317.00.55.02,
                                                  number of nails of all types, in aggregate                7317.00.55.03, 7317.00.55.05, 7317.00.55.07,         Commerce, 14th Street and Constitution
                                                  regardless of size, is equal to or greater than           7317.00.55.08, 7317.00.55.11, 7317.00.55.18,         Avenue NW., Washington, DC 20230;
                                                  25, unless otherwise excluded based on the                7317.00.55.19, 7317.00.55.20, 7317.00.55.30,         telephone: (202) 482–1779 and (202)
                                                  other exclusions below.                                   7317.00.55.40, 7317.00.55.50, 7317.00.55.60,         482–1391, respectively.
                                                     Also excluded from the scope are certain               7317.00.55.70, 7317.00.55.80, 7317.00.55.90,         SUPPLEMENTARY INFORMATION:
                                                  steel nails with a nominal shaft length of one            7317.00.65.30, 7317.00.65.60 and
                                                  inch or less that are (a) a component of an               7317.00.75.00. Certain steel nails subject to        Background
                                                  unassembled article, (b) the total number of              this investigation also may be classified
                                                  nails is sixty (60) or less, and (c) the imported
                                                                                                                                                                   The petitioner in this investigation is
                                                                                                            under HTSUS subheading 8206.00.00.00 or
                                                  unassembled article falls into one of the                 other HTSUS subheadings.
                                                                                                                                                                 Mid Continent Steel & Wire, Inc. (the
                                                  following eight groupings: (1) builders’                    While the HTSUS subheadings are                    petitioner). This investigation covers 10
                                                  joinery and carpentry of wood that are                    provided for convenience and customs                 subsidy programs. In addition to the
                                                  classifiable as windows, French-windows                   purposes, the written description of the             Taiwan Authorities (the TA), the
                                                  and their frames; (2) builders’ joinery and               scope of this investigation is dispositive.          respondents in this investigation are PT
                                                  carpentry of wood that are classifiable as                                                                     Enterprise, Inc. (PT Enterprise) and
                                                  doors and their frames and thresholds; (3)                Appendix II
                                                                                                                                                                 Quick Advance, Inc. (Quick Advance).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  swivel seats with variable height adjustment;             List of Comments and Issues in the Issues
                                                  (4) seats that are convertible into beds (with            and Decision Memorandum                              Case History
                                                  the exception of those classifiable as garden
                                                                                                            I. Summary                                             The following events have occurred
                                                     4 The shaft length of certain steel nails with flat    II. Background                                       since we published the Preliminary
                                                  heads or parallel shoulders under the head shall be       III. Scope Comments                                  Determination on November 3, 2014.1
                                                  measured from under the head or shoulder to the           IV. Scope of the Investigation
                                                  tip of the point. The shaft length of all other certain   V. Subsidies Valuation                                 1 See Certain Steel Nails From Taiwan:

                                                  steel nails shall be measured overall.                    VI. Use of Facts Otherwise Available and             Preliminary Negative Countervailing Duty



                                             VerDate Sep<11>2014    23:50 May 19, 2015   Jkt 235001   PO 00000   Frm 00036   Fmt 4703   Sfmt 4703   E:\FR\FM\20MYN1.SGM   20MYN1


                                                                               Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices                                                              28965

                                                    We conducted verification of the                                                                       Subsidy      Dated: May 13, 2015.
                                                                                                                         Company
                                                  TA’s, PT Enterprise’s, and Quick                                                                          rate      Christian Marsh,
                                                  Advance’s questionnaire responses from                                                                              Deputy Assistant Secretary for Antidumping
                                                  November 6 through November 13,                         PT Enterprise, Inc .........................         0.00   and Countervailing Duty Operations.
                                                  2014, and issued verification reports on                Quick Advance, Inc ......................            0.00
                                                                                                                                                                      Appendix I
                                                  December 4, 2014. PT Enterprise
                                                  submitted a case brief on December 12,                     Because the total estimated net                          Scope of the Investigation
                                                  2014. Petitioner submitted a rebuttal                   countervailable subsidy rates are zero,                        The merchandise covered by this
                                                  brief on December 17, 2014. No other                    we determine that countervailable                           investigation is certain steel nails having a
                                                  parties submitted case or rebuttal briefs.                                                                          nominal shaft length not exceeding 12
                                                                                                          subsidies are not being provided to
                                                                                                                                                                      inches.4 Certain steel nails include, but are
                                                  Scope of the Investigation                              producers or exporters of nails in                          not limited to, nails made from round wire
                                                     The product covered by this                          Taiwan. We have not calculated an all-                      and nails that are cut from flat-rolled steel.
                                                  investigation is certain steel nails from               others rate pursuant to sections                            Certain steel nails may be of one piece
                                                                                                          705(c)(1)(B) and (c)(5) of the Tariff Act                   construction or constructed of two or more
                                                  Taiwan. For a full description of the                                                                               pieces. Certain steel nails may be produced
                                                  scope of the investigation, see Appendix                of 1930, as amended (the Act) because
                                                                                                                                                                      from any type of steel, and may have any
                                                  I to this notice.                                       we have not reached an affirmative final                    type of surface finish, head type, shank, point
                                                     Since the Preliminary Determination,                 determination. Because our final                            type and shaft diameter. Finishes include,
                                                  several interested parties (i.e., IKEA                  determination is negative, this                             but are not limited to, coating in vinyl, zinc
                                                  Supply AG, The Home Depot, Target                       proceeding is terminated in accordance                      (galvanized, including but not limited to
                                                  Corporation, and the petitioner)                        with section 705(c)(2) of the Act.                          electroplating or hot dipping one or more
                                                                                                                                                                      times), phosphate, cement, and paint. Certain
                                                  commented on the scope of these                            In the Preliminary Determination, the                    steel nails may have one or more surface
                                                  investigations. The Department                          total net countervailable subsidy rates                     finishes. Head styles include, but are not
                                                  reviewed these comments and made                        for the individually examined                               limited to, flat, projection, cupped, oval,
                                                  certain changes. For further discussion,                respondents were zero or de minimis                         brad, headless, double, countersunk, and
                                                  see the Issues and Decision                             and, therefore, we did not suspend                          sinker. Shank styles include, but are not
                                                  Memorandum.2 The scope in Appendix                                                                                  limited to, smooth, barbed, screw threaded,
                                                                                                          liquidation of entries of nails from                        ring shank and fluted. Screw-threaded nails
                                                  I reflects all modifications to the scope
                                                                                                          Taiwan.3 Because the estimated subsidy                      subject to this proceeding are driven using
                                                  made by the Department for this final
                                                  determination.                                          rates for both examined companies are                       direct force and not by turning the nail using
                                                                                                          zero in this final determination, we are                    a tool that engages with the head. Point styles
                                                  Analysis of Subsidy Programs and                        not directing U.S. Customs and Border                       include, but are not limited to, diamond,
                                                  Comments Received                                                                                                   needle, chisel and blunt or no point. Certain
                                                                                                          Protection to suspend liquidation of
                                                                                                                                                                      steel nails may be sold in bulk, or they may
                                                     The subsidy programs under                           entries of nails from Taiwan.                               be collated in any manner using any material.
                                                  investigation and the issues raised in                                                                                 Excluded from the scope of this
                                                                                                          United States International Trade
                                                  the case and rebuttal briefs by parties in                                                                          investigation are certain steel nails packaged
                                                                                                          Commission (USITC) Notification                             in combination with one or more non-subject
                                                  this investigation are discussed in the
                                                  Issues and Decision Memorandum. A                                                                                   articles, if the total number of nails of all
                                                                                                             In accordance with section 705(d) of                     types, in aggregate regardless of size, is less
                                                  list of subsidy programs and the issues                 the Act, we will notify the USITC of our                    than 25. If packaged in combination with one
                                                  that parties raised, and to which we                    final determination. Because our final                      or more non-subject articles, certain steel
                                                  responded in the Issues and Decision                    determination is negative, this                             nails remain subject merchandise if the total
                                                  Memorandum, is attached to this notice                  investigation is terminated.                                number of nails of all types, in aggregate
                                                  as Appendix II. The Issues and Decision                                                                             regardless of size, is equal to or greater than
                                                  Memorandum is a public document and                     Return or Destruction of Proprietary                        25, unless otherwise excluded based on the
                                                  is on file electronically via the                       Information                                                 other exclusions below.
                                                  Antidumping and Countervailing Duty                                                                                    Also excluded from the scope are certain
                                                  Centralized Electronic Service System                     This notice serves as the only                            steel nails with a nominal shaft length of one
                                                                                                          reminder to parties subject to an                           inch or less that are (a) a component of an
                                                  (ACCESS). In addition, a complete
                                                                                                          administrative protective order (APO) of                    unassembled article, (b) the total number of
                                                  version of the Issues and Decision                                                                                  nails is sixty (60) or less, and (c) the imported
                                                  Memorandum can be accessed directly                     their responsibility concerning the                         unassembled article falls into one of the
                                                  on the Internet at http://                              destruction of proprietary information                      following eight groupings: (1) Builders’
                                                  enforcement.trade.gov/frn/index.html.                   disclosed under APO in accordance                           joinery and carpentry of wood that are
                                                  The signed Issues and Decision                          with 19 CFR 351.305(a)(3). Timely                           classifiable as windows, French-windows
                                                  Memorandum and the electronic                           written notification of the return/                         and their frames; (2) builders’ joinery and
                                                  version of the Issues and Decision                      destruction of APO materials or                             carpentry of wood that are classifiable as
                                                                                                                                                                      doors and their frames and thresholds; (3)
                                                  Memorandum are identical in content.                    conversion to judicial protective order is                  swivel seats with variable height adjustment;
                                                     The total estimated net                              hereby requested. Failure to comply                         (4) seats that are convertible into beds (with
                                                  countervailable subsidy rates are:                      with the regulations and terms of an                        the exception of those classifiable as garden
                                                                                                          APO is a violation that is subject to                       seats or camping equipment); (5) seats of
                                                  Determination and Alignment of Final                                                                                cane, osier, bamboo or similar materials; (6)
                                                  Countervailing Duty Determination With Final
                                                                                                          sanction.
                                                                                                                                                                      other seats with wooden frames (with the
                                                  Antidumping Duty Determination, 79 FR 65181               This determination is issued and
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                                                                                                                                                                      exception of seats of a kind used for aircraft
                                                  (November 3, 2014) (Preliminary Determination).
                                                    2 See Memorandum to Christian Marsh, Deputy
                                                                                                          published pursuant to sections 705(d)                       or motor vehicles); (7) furniture (other than
                                                  Assistant Secretary for Antidumping and                 and 777(i) of the Act.                                      seats) of wood (with the exception of i)
                                                  Countervailing Duty Operations, ‘‘Issues and
                                                  Decision Memorandum for the Final Determination                                                                        4 The shaft length of certain steel nails with flat

                                                  in the Countervailing Duty Investigation of Certain                                                                 heads or parallel shoulders under the head shall be
                                                  Steel Nails from Taiwan’’ (Issues and Decision                                                                      measured from under the head or shoulder to the
                                                  Memorandum), which is dated concurrently with                                                                       tip of the point. The shaft length of all other certain
                                                  and is hereby adopted by this notice.                     3 Preliminary   Determination, 79 FR at 65181.            steel nails shall be measured overall.



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                                                  28966                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  medical, surgical, dental or veterinary                 DEPARTMENT OF COMMERCE                                 Scope of the Investigation
                                                  furniture; and ii) barbers’ chairs and similar
                                                  chairs, having rotating as well as both                                                                           The product covered by this
                                                                                                          International Trade Administration                     investigation is certain steel nails from
                                                  reclining and elevating movements); or (8)
                                                  furniture (other than seats) of materials other         [C–580–875]                                            Korea. For a full description of the
                                                  than wood, metal, or plastics (e.g., furniture                                                                 scope of the investigation, see Appendix
                                                  of cane, osier, bamboo or similar materials).           Certain Steel Nails From the Republic                  I to this notice.
                                                  The aforementioned imported unassembled                 of Korea: Final Negative                                  Since the Preliminary Determination,
                                                  articles are currently classified under the             Countervailing Duty Determination                      several interested parties (i.e., IKEA
                                                  following Harmonized Tariff Schedule of the                                                                    Supply AG, The Home Depot, Target
                                                  United States (HTSUS) subheadings: 4418.10,             AGENCY:  Enforcement and Compliance,
                                                  4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
                                                                                                                                                                 Corporation, and Petitioner) commented
                                                                                                          International Trade Administration,
                                                  9401.61, 9401.69, 9403.30, 9403.40, 9403.50,                                                                   on the scope of these investigations. The
                                                                                                          Department of Commerce.
                                                  9403.60, 9403.81 or 9403.89.                                                                                   Department reviewed these comments
                                                                                                          SUMMARY: The Department of Commerce                    and made certain changes. For further
                                                    Also excluded from the scope of this
                                                  investigation are steel nails that meet the             (the Department) determines that de                    discussion, see the Issues and Decision
                                                  specifications of Type I, Style 20 nails as             minimis countervailable subsidies are                  Memorandum.3 The scope in Appendix
                                                  identified in Tables 29 through 33 of ASTM              being provided to producers and                        I reflects all modifications to the scope
                                                  Standard F1667 (2013 revision).                         exporters of certain steel nails (nails)               made by the Department for this final
                                                    Also excluded from the scope of this                  from the Republic of Korea (Korea). The
                                                  investigation are nails suitable for use in
                                                                                                                                                                 determination.
                                                                                                          period of investigation is January 1,
                                                  powder-actuated hand tools, whether or not                                                                     Analysis of Subsidy Programs
                                                                                                          2013, through December 31, 2013.
                                                  threaded, which are currently classified
                                                  under HTSUS subheadings 7317.00.20.00                   DATES: Effective Date: May 20, 2015.                     The subsidy programs under
                                                  and 7317.00.30.00.                                      FOR FURTHER INFORMATION CONTACT:                       investigation are discussed in the Issues
                                                    Also excluded from the scope of this                  Dana Mermelstein or Erin Kearney, AD/                  and Decision Memorandum.4 A list of
                                                  investigation are nails having a case hardness          CVD Operations, Enforcement and                        topics discussed in the Issues and
                                                  greater than or equal to 50 on the Rockwell             Compliance, International Trade                        Decision Memorandum is attached to
                                                  Hardness C scale (HRC), a carbon content                                                                       this notice as Appendix II. The Issues
                                                  greater than or equal to 0.5 percent, a round           Administration, U.S. Department of
                                                                                                          Commerce, 14th Street and Constitution                 and Decision Memorandum is a public
                                                  head, a secondary reduced-diameter raised
                                                  head section, a centered shank, and a smooth            Avenue NW., Washington, DC 20230;                      document and is on file electronically
                                                  symmetrical point, suitable for use in gas-             telephone: (202) 482–1391 and (202)                    via ACCESS. In addition, a complete
                                                  actuated hand tools.                                    482–0167, respectively.                                version of the Issues and Decision
                                                    Also excluded from the scope of this                  SUPPLEMENTARY INFORMATION:                             Memorandum can be accessed directly
                                                  investigation are corrugated nails. A                                                                          on the Internet at http://
                                                  corrugated nail is made up of a small strip             Background                                             enforcement.trade.gov/frn/index.html.
                                                  of corrugated steel with sharp points on one                                                                   The signed Issues and Decision
                                                  side.                                                      The petitioner in this investigation is
                                                    Also excluded from the scope of this                  Mid Continent Steel & Wire, Inc.                       Memorandum and the electronic
                                                  investigation are thumb tacks, which are                (Petitioner). This investigation covers 26             version of the Issues and Decision
                                                  currently classified under HTSUS                        subsidy programs. In addition to the                   Memorandum are identical in content.
                                                  subheading 7317.00.10.00.                               Government of Korea (the GOK), the                     Final Determination
                                                    Certain steel nails subject to this                   respondents in this investigation are
                                                  investigation are currently classified under            Daejin Steel Company (Daejin) and                        The total estimated net
                                                  HTSUS subheadings 7317.00.55.02,
                                                                                                          Jinheung Steel Corporation, including                  countervailable subsidy rates are:
                                                  7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
                                                  7317.00.55.08, 7317.00.55.11, 7317.00.55.18,            cross-owned affiliates Duo-Fast Korea
                                                                                                                                                                                                          Subsidy
                                                  7317.00.55.19, 7317.00.55.20, 7317.00.55.30,            Co., Ltd. and Jinsco International                                  Company                      rate
                                                  7317.00.55.40, 7317.00.55.50, 7317.00.55.60,            Corporation (collectively, Jinheung).                                                           percent
                                                  7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
                                                  7317.00.65.30, 7317.00.65.60 and                        Case History                                           Daejin Steel Company ................         * 0.14
                                                  7317.00.75.00. Certain steel nails subject to             The following events have occurred                   Jinheung Steel Corporation ........             0.18
                                                  this investigation also may be classified               since we published the Preliminary
                                                  under HTSUS subheading 8206.00.00.00 or                 Determination on November 3, 2014.1                    the Questionnaire Responses of the Government of
                                                  other HTSUS subheadings.                                  We conducted verification of the                     Korea’’ (February 10, 2015).
                                                    While the HTSUS subheadings are                                                                                3 See Memorandum to Christian Marsh, Deputy
                                                                                                          questionnaire responses of the GOK,
                                                  provided for convenience and customs                                                                           Assistant Secretary for Antidumping and
                                                  purposes, the written description of the                Daejin, and Jinheung between December                  Countervailing Duty Operations, from Howard
                                                  scope of this investigation is dispositive.             8 and December 17, 2014, and issued                    Smith, Acting Director, Office IV, Antidumping and
                                                                                                          verification reports between February 4                Countervailing Duty Operations, ‘‘Issues and
                                                  Appendix II                                             and February 10, 2015.2 No parties                     Decision Memorandum for the Final Determination
                                                                                                                                                                 in the Countervailing Duty Investigation of Certain
                                                     List of Comments and Issues in the Issues            submitted case or rebuttal briefs.                     Steel Nails from the Republic of Korea’’ (Issues and
                                                  and Decision Memorandum                                                                                        Decision Memorandum), dated concurrently with
                                                  I. Summary                                                 1 See Certain Steel Nails From the Republic of      this determination and hereby adopted by this
                                                                                                          Korea: Preliminary Negative Countervailing Duty        notice.
                                                  II. Background
                                                                                                          Determination and Alignment of Final                     4 Public versions of all business proprietary
                                                  III. Scope of the Investigation
                                                                                                          Countervailing Duty Determination With Final           documents and all public documents are on file
                                                  IV. Scope Comments                                      Antidumping Duty Determination, 79 FR 65187            electronically via Enforcement and Compliance’s
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                                                  V. Subsidies Valuation                                  (November 3, 2014) (Preliminary Determination).        Antidumping and Countervailing Duty Centralized
                                                  VI. Analysis of Programs                                   2 See Memoranda to the File, through Robert         Electronic Service System (ACCESS). Access to
                                                  VII. Analysis of Comment                                Bolling, Program Manager, Office IV, ‘‘Verification    ACCESS is available to registered users at http://
                                                     Comment: Specificity of Grants Under the             of the Questionnaire Responses of Jinheung Steel       access.trade.gov and in the Department’s Central
                                                        Energy Technology Program                         Corporation, Jinsco International Corporation, and     Records Unit, Room 7046 of the main Department
                                                  VIII. Recommendation                                    Duo-Fast Korea Co., Ltd.’’ (February 4, 2015);         building.
                                                                                                          ‘‘Countervailing Duty Investigation of Certain Steel     5 For a discussion of these entities’ cross-
                                                  [FR Doc. 2015–12277 Filed 5–19–15; 8:45 am]             Nails from Korea: Verification of Daejin Steel         ownership, see the Preliminary Decision
                                                  BILLING CODE 3510–DS–P                                  Company’’ (February 5, 2015); and ‘‘Verification of    Memorandum at 8.



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Document Created: 2018-02-21 10:29:22
Document Modified: 2018-02-21 10:29:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: May 20, 2015.
ContactJoshua Morris or Dana Mermelstein, 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- 1779 and (202) 482-1391, respectively.
FR Citation80 FR 28964 

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