80 FR 71772 - Certain Steel Nails From Malaysia: Initiation of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 221 (November 17, 2015)

In response to a request from Mid Continent Steel & Wire, Inc. (Petitioner), the Department of Commerce (the Department) is initiating a changed circumstances review of the antidumping duty order on certain steel nails from Malaysia.

[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71772-71773]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29364]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Initiation of Antidumping Duty 
Changed Circumstances Review

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

DATES: Effective Date: November 17, 2015
SUMMARY: In response to a request from Mid Continent Steel & Wire, Inc. 
(Petitioner), the Department of Commerce (the Department) is initiating 
a changed circumstances review of the antidumping duty order on certain 
steel nails from Malaysia.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Angelica Townshend, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    As a result of the antidumping duty order issued following the 
completion of the less-than-fair-value investigation of certain steel 
nails (steel nails) from Malaysia, imports of steel nails from 
mandatory respondent Inmax Sdn. Bdh. (Inmax Sdn) became subject to a 
cash deposit rate of 39.35 percent.\1\ During the investigation, the 
Department did not collapse Inmax Sdn with an affiliated company, Inmax 
Industries, since Inmax Industries was not operational during the 
period of investigation (i.e., April 1, 2013, through March 31, 
2014).\2\ Accordingly, any sales made by companies other than the 
mandatory respondents Inmax Sdn, Region International Co. Ltd., Region 
Systems Sdn. Bhd., and Tag Fasteners Sdn. Bhd., were subject to the 
``all others'' rate of 2.66 percent. On September 2, 2015, the 
Department received a request from Petitioner to initiate a changed 
circumstances review of the Order alleging that since the imposition of 
the Order, Inmax Sdn has been evading the cash deposit rates 
established in the investigation by shipping its production through 
Inmax Industries which enters merchandise under the lower, ``all 
others'' rate. On October 15, 2015, the Department received a letter 
from Inmax Sdn and Inmax Industries requesting that the Department deny 
Petitioner's request. On October 23, 2015, Petitioner submitted a 
letter in response to the comments from Inmax Sdn and Inmax Industries' 
letter.
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    \1\ See Certain Steel Nails from Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015) (Amended Final); Certain Steel Nails from the Republic of 
Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist 
Republic of Vietnam: Antidumpig Duty Orders, 80 FR 39994 (July 13, 
2015) (Order).
    \2\ See Decision Memorandum for the Preliminary Determination in 
the Antidumping Duty Investigation of Certain Steel Nails from 
Malaysia, and the accompanying decision memorandum at 10-13 
(December 17, 2014); unchanged in the final determination, 80 FR 
28969 (May 20, 2015) and Amended Final.
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Scope of the Order

    The product covered by this changed circumstances review is certain 
steel nails from Malaysia. For a full description of the scope of the 
order, see Appendix I to this notice.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from an interested 
party of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. However, section 751(b)(4) 
of the Tarriff Act of 1930 also provides that the administering 
authority may not conduct a changed circumstance review of an 
investigation determination within 24 months of the date of the 
investigation determination in the absence of ``good cause.'' In its 
request for initiation, Petitioner provided information indicating that 
since the Order, there has been a change in the trading patterns and 
activities of Inmax Sdn and Inmax Industries. Petitioner asserts that 
the information provided demonstrates that the Order is being evaded. 
In accordance with 19 CFR 351.216(c), based on the information provided 
by Petitioner regarding new trading patterns and possible evasion of 
the Order, the Department finds that there is sufficient information 
and ``good cause'' to initiate a changed circumstances review. 
Therefore, we are initiating a changed circumstances administrative 
review pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(c) 
and (d) to determine whether action is necessary to maintain the 
integrity of the Order. The Department intends to publish in the 
Federal Register a notice of preliminary results of the antidumping 
duty changed circumstances review in accordance with 19 CFR 
351.221(b)(4) and 351.221(c)(3)(i), which will set forth the 
Department's preliminary factual and legal conclusions. The Department 
will issue its final results of review in accordance with the time 
limits set forth in 19 CFR 351.216(e).
    This notice is in accordance with section 751(b)(1) of the Act.


[[Page 71773]]


    Dated: November 9, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

    Scope of the Order
    The merchandise covered by the order is certain steel nails 
having a nominal shaft length not exceeding 12 inches.\3\ 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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    \3\ 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 changed circumstances 
review 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 changed circumstances 
review 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 changed circumstances 
review 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 changed circumstances 
review 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 changed circumstances 
review are thumb tacks, which are currently classified under HTSUS 
subheading 7317.00.10.00.
    Certain steel nails subject to this changed circumstances review 
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 
changed circumstances review 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 
changed circumstances review is dispositive.

[FR Doc. 2015-29364 Filed 11-16-15; 8:45 am]
 BILLING CODE 3510-DS-P