80 FR 39994 - Certain Steel Nails From the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 133 (July 13, 2015)

Based on affirmative final determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC''), the Department is issuing antidumping duty orders on certain steel nails (``steel nails'') from the Republic of Korea (``Korea''), Malaysia, the Sultanate of Oman (``Oman''), Taiwan, and the Socialist Republic of Vietnam (``Vietnam'').

[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 39994-39997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17239]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874, A-557-816, A-523-808, A-583-854, A-552-818]


Certain Steel Nails From the Republic of Korea, Malaysia, the 
Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: 
Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing antidumping duty orders on certain 
steel nails (``steel nails'') from the Republic of Korea (``Korea''), 
Malaysia, the Sultanate of Oman (``Oman''), Taiwan, and the Socialist 
Republic of Vietnam (``Vietnam'').

DATES: Effective Date: July 13, 2015.

FOR FURTHER INFORMATION CONTACT: Krisha Hill (Korea), Edythe Artman 
(Malaysia and Vietnam), Lilit Astvatsatrian (Oman), or Victoria Cho 
(Taiwan) AD/CVD Operations, Office IV, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4037, (202) 482-3931, (202) 482-6412, or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 20 and 22, 
2015, the Department published its affirmative final determinations of 
sales in the less-than-fair-value investigations of steel nails from 
Korea, Malaysia, Oman, Taiwan, and Vietnam, respectively.\1\

[[Page 39995]]

Pursuant to 735(e) of the Act and 19 CFR 351.224(f), the Department 
published its amended final determination of sales in the less-than-
fair-value investigation of steel nails from Malaysia on June 16, 
2015.\2\ On July 6, 2015, the ITC notified the Department of its 
affirmative determinations that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the less-than-fair-value imports of steel nails from 
Korea, Malaysia, Oman, Taiwan, and Vietnam.\3\
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    \1\ See Certain Steel Nails from the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 
2015) (``Final Determination of Steel Nails from Korea''); Certain 
Steel Nails From Malaysia; Final Determination of Sales at Less Than 
Fair Value, 80 FR 28969 (May 20, 2015); Certain Steel Nails From the 
Sultanate of Oman: Final Determination of Sales at Less Than Fair 
Value, 80 FR 28972 (May 20, 2015); Certain Steel Nails From Taiwan: 
Final Determination of Sales at Less Than Fair Value, 80 FR 28959 
(May 20, 2015) (``Final Determination of Steel Nails from Taiwan''); 
and Certain Steel Nails From the Socialist Republic of Vietnam: 
Final Determination of Sales at Less Than Fair Value, 80 FR 29622 
(May 22, 2015) (``Final Determination for Vietnam'').
    \2\ See Certain Steel Nails From Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015).
    \3\ See Certain Steel Nails from Korea, Malaysia, Oman, Taiwan, 
and Vietnam, USITC Investigation Nos. 701-TA-521 and 731-TA-1252-
1255 (Final), USITC Publication 4541 (July 2015).
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Scope of the Orders

    The merchandise covered by these orders 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 these orders 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 these orders 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 these orders 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 these orders 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 these orders 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 these orders are thumb tacks, which 
are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to these orders 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 these orders also may be 
classified under HTSUS subheadings 7907.00.60.00, 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 these orders 
is dispositive.

Antidumping Duty Orders

    As stated above, on July 6, 2015, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determinations 
in these investigations, in which it found material injury with respect 
to steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam.\5\ 
Because the ITC determined that imports of steel nails from Korea, 
Malaysia, Oman, Taiwan, and Vietnam are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Korea, 
Malaysia, Oman, Taiwan, and Vietnam, entered or withdrawn from 
warehouse for consumption are subject to the assessment of antidumping 
duties.
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    \5\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of steel nails from Korea, 
Malaysia, Oman, Taiwan, and Vietnam. Antidumping duties will be 
assessed on unliquidated entries of steel nails from Malaysia, Oman, 
and Vietnam entered, or withdrawn from warehouse, for

[[Page 39996]]

consumption on or after December 29, 2014, the date of publication of 
the preliminary determinations,\6\ but will not include entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final injury determination as further 
described below.
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    \6\ See Certain Steel Nails From Malaysia: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination and Extension of Provisional Measures, 79 FR 
78055 (December 29, 2014); Certain Steel Nails From the Sultanate of 
Oman: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 79 FR 78034 
(December 29, 2014); Certain Steel Nails From the Socialist Republic 
of Vietnam: Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination and Extension of 
Provisional Measures, 79 FR 78058 (December 29, 2014).
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    Antidumping duties will be assessed on relevant unliquidated 
entries of steel nails from Korea entered, or withdrawn from warehouse, 
for consumption on or after December 29, 2014, the date of publication 
of the preliminary determinations.\7\ Antidumping duties will not 
include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determination as further described below. Because the preliminary 
determination in the less-than-fair-value investigation involving 
Taiwan was negative, antidumping duties will be assessed on relevant 
unliquidated entries of steel nails from Taiwan, entered, or withdrawn 
from warehouse, for consumption on or after May 20, 2015, the date of 
publication of the final determination.\8\
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    \7\ See Certain Steel Nails From the Republic of Korea: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 79 FR 78051 (December 
29, 2014). For the single entity consisting of Jinheung Steel, Duo-
Fast Korea Co., Ltd., and Jinsco International Corporation 
(``Jinheung Steel Single Entity''), because this entity's estimated 
weighted-average final dumping margin is zero, we directed CBP to 
terminate suspension of liquidation of entries of certain steel 
nails produced and exported by this entity and have not imposed any 
cash deposit requirement on those entries. See Final Determination 
of Steel Nails from Korea, 80 FR at 28957.
    \8\ See Final Determination of Steel Nails from Taiwan. No 
suspension of liquidation has been required for entries exported by 
Quick Advance, Inc. and produced by Ko Nails, Inc. because its 
estimated weighted-average final dumping margin is zero. The 
Department calculated its dumping margin during its investigation 
based on sales of Quick Advance, Inc. that were produced by Ko 
Nails, Inc. Therefore, Quick Advance Inc.'s exclusion from 
antidumping duty liability and any cash deposit requirement pertains 
only to the channel(s) of sales that were examined by the Department 
in the investigation. See the Memorandum to the File, entitled, 
``Clarification of Quick Advance, Inc.'s Sales Channels,'' dated 
concurrently with this notice.
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of steel nails from Korea,\9\ Malaysia, Oman, and Vietnam. We will also 
instruct CBP to begin suspension of liquidation on all relevant entries 
of steel nails from Taiwan.\10\ These instructions suspending 
liquidation will remain in effect until further notice.
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    \9\ Except for those entries produced and exported by the 
Jinheung Steel Single Entity, as stated above.
    \10\ Except for those entries produced by Ko Nails, Inc. and 
exported by the Quick Advance Inc., as stated above.
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    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determinations, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average antidumping duty margins listed 
below.\11\ The relevant all-others rate (for Korea, Malaysia, Oman, and 
Taiwan) or the rate for the Vietnam-wide entity (for Vietnam), as 
applicable, apply to all producers or exporters not specifically 
listed. For the purpose of determining cash deposit rates, the 
estimated weighted-average dumping margins for imports of subject 
merchandise from Vietnam will be adjusted, as appropriate, for export 
subsidies found in the final determination of the companion 
countervailing duty investigation of this merchandise imported from 
Vietnam.\12\
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    \11\ See section 736(a)(3) of the Act.
    \12\ See Final Determination for Vietnam, 80 at 29623. See also 
Certain Steel Nails From the Socialist Republic of Vietnam: Final 
Affirmative Countervailing Duty Determination, 80 FR 28962 (May 20, 
2015), and accompanying Issues and Decision Memorandum at 12-22.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise, request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of steel nails from Korea, Malaysia, Oman, and Vietnam, we 
extended the four-month period by additional 42 days in each case.\13\ 
In the underlying investigations, the Department published the 
preliminary determinations on December 29, 2014. Therefore, the 
extended period, beginning on the date of publication of the 
preliminary determinations, ended on June 26, 2015. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
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    \13\ See Certain Steel Nails From the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Postponement of Preliminary Determination of Antidumping 
Duty Investigations, 79 FR 63082 (October 22, 2014). Provisional 
measures were not effect for entries of subject merchandise from 
Taiwan because the Department's preliminary determination was 
negative. See Certain Steel Nails From Taiwan: Negative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 79 FR 78053, 78054 (December 29, 2014) 
(Preliminary Determination).
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of steel nails from Korea, Malaysia, Oman, and 
Vietnam entered, or withdrawn from warehouse, for consumption after 
June 26, 2015, the date on which the provisional measures expired, 
until and through the day preceding the date of publication of the 
ITC's final injury determinations in the Federal Register. Suspension 
of liquidation will resume on the date of publication of the ITC's 
final determination in the Federal Register.
    The weighted-average dumping margins are as follows:
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    \14\ No suspension of liquidation will be required for entries 
of these firms because their estimated weighted-average dumping 
margin is zero. See Final Determination of Steel Nails from Korea.

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                                                                Dumping
                      Exporter/producer                         margins
                                                                  (%)
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Korea:
  Daejin Steel...............................................      11.80
  Jinheung Steel Corporation, Jinsco International                  0.00
   Corporation, and Duo-Fast Korea Co., Ltd.\14\.............
  All Others.................................................      11.80
Malaysia:
  Inmax Sdn. Bhd.............................................      39.35
  Region International Co. Ltd. and Region System Sdn. Bhd...       2.66
  Tag Fasteners Sdn. Bhd.....................................      39.35
  All Others.................................................       2.66
Oman:
  Oman Fasteners, LLC........................................       9.10
  All Others.................................................       9.10
Taiwan:
  PT Enterprises.............................................       2.24

[[Page 39997]]

 
  Quick Advance Inc.\15\.....................................       0.00
  All Others.................................................       2.24
Vietnam \16\:
  Kosteel Vina Limited Company...............................     323.99
  Vietnam-Wide Entity *......................................    323.99%
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* The Vietnam-wide entity includes the following exporters/producers:
  Region Industries Co., Ltd., United Nail Products Co., Ltd., Cong Ty
  Tnhh Cong Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and
  Simone Accessories Collection.

    This notice constitutes the antidumping duty orders with respect to 
steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
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    \15\ As stated above, no suspension of liquidation will be 
required for entries exported by Quick Advance Inc., which were 
produced by Ko Nails, Inc. because its estimated weighted-average 
dumping margin is zero. See Final Determination of Steel Nails from 
Taiwan.
    \16\ As explained in the Final Determination for Vietnam, 80 at 
29623, the estimated weighted-average dumping margins for the 
separate-rate company and the Vietnam-wide entity will be adjusted 
for export subsidies. As a result of these adjustments, the cash 
deposit rate for both the separate-rate company and the Vietnam-wide 
entity will be 290.40 percent.
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    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: July 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-17239 Filed 7-10-15; 8:45 am]
 BILLING CODE 3510-DS-P