83 FR 46916 - Certain Steel Nails From the People's Republic of China: Initiation and Expedited Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range		46916-46917
FR Document		2018-20122
Based on a request from Mid Continent Nail Corporation (the petitioner), the Department of Commerce (Commerce) is initiating, and issuing expedited preliminary results of, a changed circumstances review (CCR) of the antidumping duty (AD) order on certain steel nails (nails) from the People's Republic of China (China).
Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018)
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46916-46917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20122]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Initiation and Expedited Preliminary Results of Antidumping Duty 
Changed Circumstances Review

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

SUMMARY: Based on a request from Mid Continent Nail Corporation (the 
petitioner), the Department of Commerce (Commerce) is initiating, and 
issuing expedited preliminary results of, a changed circumstances 
review (CCR) of the antidumping duty (AD) order on certain steel nails 
(nails) from the People's Republic of China (China).

DATES: Applicable September 17, 2018.

FOR FURTHER INFORMATION CONTACT: Susan S. Pulongbarit, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone 202-482-4031.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2008, Commerce published the antidumping duty order on 
nails from the China.\1\ On April 21, 2011, in response to a request 
submitted by the petitioner, Commerce published an initiation and 
preliminary results of a CCR, in which Commerce preliminarily revoked 
the Order with respect to four types of steel nails based on 
petitioner's expressed lack of interest in antidumping duty relief with 
respect to such imports.\2\ In addition, Commerce preliminarily adopted 
petitioner's proposed exclusion language concerning the four types of 
steel nails, in part, declining to adopt language which would have 
required the labels ``roof'' or ``roofing'' on the packaging of three 
of the four types of excluded steel nails.\3\ On May 24, 2011, Commerce 
published its final results for the CCR revoking the Order with respect 
to the aforementioned four types of steel nails, unchanged from the 
preliminary results.\4\ Commerce made no changes to the preliminary 
scope exclusion language, and, thus, aside from the labeling language, 
Commerce otherwise adopted the new exclusion language proffered by the 
petitioner.\5\
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    \1\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(Order).
    \2\ See Certain Steel Nails from the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 76 FR 22369 (April 21, 2011) (2011 CCR 
Initiation and Preliminary Results).
    \3\ Id.
    \4\ See Certain Steel Nails from the People's Republic of China: 
Final Results of Antidumping Duty Changed Circumstances Review, 76 
FR 30101 (May 24, 2011) (2011 CCR Final Results).
    \5\ Id.
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    On March 22, 2017, the petitioner requested that Commerce initiate 
another CCR to include the labels ``roof'' or ``roofing'' on the 
packaging and packaging marking of three of the four types of steels 
nails that were excluded from the scope of the Order in the 2011 CCR 
Final Results.\6\ On April 12, 2017, Commerce received comments from 
PrimeSource Building Products, Inc. (PrimeSource) requesting that 
Commerce reject the petitioner's request for a CCR.\7\ On April 18, 
2017, Commerce received comments from the petitioner regarding 
PrimeSource's comments.\8\ On May 11, 2017, Commerce issued a 
supplemental questionnaire to the petitioner requiring further 
information regarding its CCR request.\9\ On May 17, 2017, the 
petitioner submitted its response to the CCR Supplemental.\10\ On May 
24, 2017, Building Materials Distributors, Inc. (BMD) submitted a 
letter opposing the petitioner's request for the initiation of a 
CCR,\11\ to which the petitioner responded on May 31, 2017.\12\ On May 
31, 2017, PrimeSource submitted a response to the petitioner's CCR 
Supplemental Response.\13\
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    \6\ See the Petitioner's March 22, 2017 Request for Changed 
Circumstances Review (2017 CCR Request).
    \7\ See PrimeSource's April 12, 2017 CCR Letter (PrimeSource 
Comments).
    \8\ See the Petitioner's April 18, 2017 Response to Prime Source 
(Petitioner's PrimeSource Comments).
    \9\ See Department Letter re: Changed Circumstances Review 
Request: Supplemental Questions, dated May 10, 2017 (CCR 
Supplemental).
    \10\ See the Petitioner's May 17, 2017 CCR Supplemental Response 
(CCR Supplemental Response).
    \11\ See BMD's May 24, 2017 CCR Letter (BMD Comments).
    \12\ See the Petitioner's May 31, 2017 Response to BMD 
(Petitioner's BMD Comments).
    \13\ See BMD's May 31, 2017 Response to the Petitioner's CCR 
Supplemental Response (BMD's May 31, 2017 Comments).
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Scope of the Order

    The merchandise covered by the Order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails subject to 
the Order are currently classified under the Harmonized Tariff Schedule 
of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, 
7317.00.75, and 7907.00.6000.\14\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the Order is dispositive.\15\
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    \14\ Commerce added the Harmonized Tariff Schedule category 
7907.00.6000, ``Other articles of zinc: Other,'' to the language of 
the Order. See Memorandum ``Certain Steel Nails from the People's 
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' 
dated September 19, 2013.
    \15\ For a full description of the scope of the Order, see 
Attachment I.
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Initiation and Expedited Preliminary Results of Changed Circumstances 
Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), Commerce will conduct a CCR of an 
antidumping or countervailing duty order when it receives information 
which shows changed circumstances sufficient to warrant such a review. 
In this case, for the reasons discussed in the Preliminary

[[Page 46917]]

Determination Memorandum, we find that such sufficient information 
exists to warrant a CCR.\16\ Further, Commerce does not require any 
additional information to make a preliminary finding. For this reason, 
as permitted by 19 CFR 351.221(c)(3)(ii), Commerce finds that expedited 
action is warranted and is conducting this review on an expedited basis 
by publishing preliminary results in conjunction with a notice of 
initiation.
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    \16\ Memorandum, ``Decision Memorandum for the Initiation and 
Expedited Preliminary Determination of Changed Circumstances Review: 
Certain Steel Nails from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\17\ Rebuttal briefs, 
which must be limited to issues raised in case briefs, may be filed not 
later than seven days after the due date for case briefs.\18\ All 
submissions must be filed electronically using Enforcement and 
Compliance's AD and CVD Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on 
the due dates set forth in this notice.
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    \17\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for filing of case briefs.
    \18\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for filing of rebuttal briefs.
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    Any interested party may request a hearing within 14 days of 
publication of this notice. Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230 in a room to be determined.\19\
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    \19\ See 19 CFR 351.310(d).
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    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
issue the final results of this CCR no later than 270 days after the 
date on which this review was initiated or 45 days if all parties agree 
to the outcome of the review.
    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: September 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Attachment I

Revised Scope of the Order

    The merchandise covered by this order includes certain steel 
nails having a shaft length up to 12 inches. Certain steel nails 
include, but are not limited to, nails made of round wire and nails 
that are cut. 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 have a variety of finishes, 
heads, shanks, point types, shaft lengths and shaft diameters. 
Finishes include, but are not limited to, coating in vinyl, zinc 
(galvanized, whether by electroplating or hot dipping one or more 
times), phosphate cement, and paint. 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 
shank styles. Screw-threaded nails subject to this order are driven 
using direct force and not by turning the fastener using a tool that 
engages with the head. Point styles include, but are not limited to, 
diamond, blunt, needle, chisel and no point. Finished nails may be 
sold in bulk, or they may be collated into strips or coils using 
materials such as plastic, paper, or wire. Certain steel nails 
subject to this order are currently classified under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') subheadings 
7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.\20\
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    \20\ Commerce added the Harmonized Tariff Schedule category 
7907.00.6000, ``Other articles of zinc: Other,'' to the language of 
the AD order on Nails from China. See Certain Steel Nails from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 18816, 18816 n.5 (April 5, 
2018).
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    Excluded from the scope are steel roofing nails of all lengths 
and diameter, whether collated or in bulk, and whether or not 
galvanized. Steel roofing nails are specifically enumerated and 
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 
20 nails, inclusive of the following modifications: (1) Non-collated 
(i.e., hand-driven or bulk), steel nails as described in ASTM 
Standard F 1667 (2005 revision) as Type I, Style 20 nails, as 
modified by the following description: Having a bright or galvanized 
finish, a smooth, barbed or ringed shank, an actual length of 
0.500'' to 4'', inclusive; an actual shank diameter of 0.1015'' to 
0.166'', inclusive; and an actual head diameter of 0.3375'' to 
0.500'', inclusive; (2) Wire collated steel nails, in coils, as 
described in ASTM Standard F 1667 (2005 revision) as Type I, Style 
20 nails, as modified by the following description: Having a 
galvanized finish, a smooth, barbed or ringed shank, an actual 
length of 0.500'' to 1.75'', inclusive, an actual shank diameter of 
0.116'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive; and (3) Non-collated (i.e., hand-
driven or bulk), as described in ASTM Standard F 1667 (2005 
revision) as Type I, Style 20 nails, as modified by the following 
description: Steel nails having a convex head (commonly known as an 
umbrella head), a smooth or spiral shank, a galvanized finish, an 
actual length of 1.75'' to 3'', inclusive; an actual shank diameter 
of 0.131'' to 0.152'', inclusive; and an actual head diameter of 
0.450'' to 0.813'', inclusive.
    Also excluded from the scope are the following steel nails: Non-
collated (i.e., hand-driven or bulk), two-piece steel nails having 
plastic or steel washers (caps) already assembled to the nail, 
having a bright or galvanized finish, a ring, fluted or spiral 
shank, an actual length of 0.500'' to 8'', inclusive; and an actual 
shank diameter of 0.1015'' to 0.166'', inclusive; and an actual 
washer or cap diameter of 0.900'' to 1.10'', inclusive.
    Also excluded from the scope of this order are corrugated nails. 
A corrugated nail is made of a small strip of corrugated steel with 
sharp points on one side. Also excluded from the scope of this order 
are fasteners suitable for use in powder-actuated hand tools, not 
threaded and threaded, which are currently classified under HTSUS 
7317.00.20 and 7317.00.30. Also excluded from the scope of this 
order are thumb tacks, which are currently classified under HTSUS 
7317.00.10.00.
    Also excluded from the scope of this order are certain brads and 
finish nails that are equal to or less than 0.0720 inches in shank 
diameter, round or rectangular in cross section, between 0.375 
inches and 2.5 inches in length, and that are collated with adhesive 
or polyester film tape backed with a heat seal adhesive. Also 
excluded from the scope of this order are fasteners having a case 
hardness greater than or equal to 50 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. 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.

Attachment II

List of Topics Discussed in the Preliminary Determination Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Expedited Preliminary Results of Changed 
Circumstances Review
V. Recommendation

[FR Doc. 2018-20122 Filed 9-14-18; 8:45 am]
BILLING CODE 3510-DS-P
46916 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices

the three governments for panels FOR FURTHER INFORMATION CONTACT: for a CCR.7 On April 18, 2017,
requested pursuant to Article 1904(2) of Susan S. Pulongbarit, AD/CVD Commerce received comments from the
NAFTA which requires Requests for Operations, Office V, Enforcement and petitioner regarding PrimeSource’s
Panel Review to be published in Compliance, International Trade comments.8 On May 11, 2017,
accordance with Rule 35. For the Administration, U.S. Department of Commerce issued a supplemental
complete Rules, please see https:// Commerce, 1401 Constitution Avenue questionnaire to the petitioner requiring
www.nafta-sec-alena.org/Home/Texts- NW, Washington, DC 20230; telephone further information regarding its CCR
of-the-Agreement/Rules-of-Procedure/ 202–482–4031. request.9 On May 17, 2017, the
Article-1904. SUPPLEMENTARY INFORMATION: petitioner submitted its response to the
The Rules provide that: CCR Supplemental.10 On May 24, 2017,
Background Building Materials Distributors, Inc.
(a) A Party or interested person may
challenge the final determination in On August 1, 2008, Commerce (BMD) submitted a letter opposing the
whole or in part by filing a Complaint published the antidumping duty order petitioner’s request for the initiation of
in accordance with Rule 39 within 30 on nails from the China.1 On April 21, a CCR,11 to which the petitioner
days after the filing of the first Request 2011, in response to a request submitted responded on May 31, 2017.12 On May
for Panel Review (the deadline for filing by the petitioner, Commerce published 31, 2017, PrimeSource submitted a
a Complaint is October 9, 2018); an initiation and preliminary results of response to the petitioner’s CCR
(b) A Party, investigating authority or a CCR, in which Commerce Supplemental Response.13
interested person that does not file a preliminarily revoked the Order with
respect to four types of steel nails based Scope of the Order
Complaint but that intends to appear in
support of any reviewable portion of the on petitioner’s expressed lack of interest The merchandise covered by the
final determination may participate in in antidumping duty relief with respect Order includes certain steel nails having
the panel review by filing a Notice of to such imports.2 In addition, a shaft length up to 12 inches. Certain
Appearance in accordance with Rule 40 Commerce preliminarily adopted steel nails subject to the Order are
within 45 days after the filing of the first petitioner’s proposed exclusion currently classified under the
Request for Panel Review (the deadline language concerning the four types of Harmonized Tariff Schedule of the
for filing a Notice of Appearance is steel nails, in part, declining to adopt United States (HTSUS) subheadings
October 22, 2018); and language which would have required 7317.00.55, 7317.00.65, 7317.00.75, and
(c) The panel review shall be limited the labels ‘‘roof’’ or ‘‘roofing’’ on the 7907.00.6000.14 While the HTSUS
to the allegations of error of fact or law, packaging of three of the four types of subheadings are provided for
including challenges to the jurisdiction excluded steel nails.3 On May 24, 2011, convenience and customs purposes, the
of the investigating authority, that are Commerce published its final results for written description of the scope of the
set out in the Complaints filed in the the CCR revoking the Order with respect Order is dispositive.15
panel review and to the procedural and to the aforementioned four types of steel
Initiation and Expedited Preliminary
substantive defenses raised in the panel nails, unchanged from the preliminary
Results of Changed Circumstances
review. results.4 Commerce made no changes to
Review
the preliminary scope exclusion
Dated: September 12, 2018. language, and, thus, aside from the Pursuant to section 751(b)(1) of the
Paul E. Morris, labeling language, Commerce otherwise Tariff Act of 1930, as amended (the Act)
U.S. Secretary, NAFTA Secretariat. adopted the new exclusion language and 19 CFR 351.216(d), Commerce will
[FR Doc. 2018–20120 Filed 9–14–18; 8:45 am] proffered by the petitioner.5 conduct a CCR of an antidumping or
BILLING CODE 3510–GT–P On March 22, 2017, the petitioner countervailing duty order when it
requested that Commerce initiate receives information which shows
another CCR to include the labels ‘‘roof’’ changed circumstances sufficient to
DEPARTMENT OF COMMERCE or ‘‘roofing’’ on the packaging and warrant such a review. In this case, for
packaging marking of three of the four the reasons discussed in the Preliminary
International Trade Administration types of steels nails that were excluded
from the scope of the Order in the 2011 7 See PrimeSource’s April 12, 2017 CCR Letter

[A–570–909] CCR Final Results.6 On April 12, 2017, (PrimeSource Comments).
8 See the Petitioner’s April 18, 2017 Response to
Commerce received comments from
Certain Steel Nails From the People’s Prime Source (Petitioner’s PrimeSource Comments).
PrimeSource Building Products, Inc. 9 See Department Letter re: Changed
Republic of China: Initiation and (PrimeSource) requesting that Circumstances Review Request: Supplemental
Expedited Preliminary Results of Commerce reject the petitioner’s request Questions, dated May 10, 2017 (CCR
Antidumping Duty Changed Supplemental).
Circumstances Review 1 See Notice of Antidumping Duty Order: Certain 10 See the Petitioner’s May 17, 2017 CCR

Steel Nails from the People’s Republic of China, 73 Supplemental Response (CCR Supplemental
AGENCY: Enforcement and Compliance, FR 44961 (August 1, 2008) (Order). Response).
11 See BMD’s May 24, 2017 CCR Letter (BMD
International Trade Administration, 2 See Certain Steel Nails from the People’s

Republic of China: Initiation and Preliminary Comments).
Department of Commerce. 12 See the Petitioner’s May 31, 2017 Response to
Results of Antidumping Duty Changed
SUMMARY: Based on a request from Mid Circumstances Review, 76 FR 22369 (April 21, BMD (Petitioner’s BMD Comments).
Continent Nail Corporation (the 2011) (2011 CCR Initiation and Preliminary 13 See BMD’s May 31, 2017 Response to the

petitioner), the Department of Results). Petitioner’s CCR Supplemental Response (BMD’s
daltland on DSKBBV9HB2PROD with NOTICES

3 Id. May 31, 2017 Comments).
Commerce (Commerce) is initiating, and 4 See Certain Steel Nails from the People’s 14 Commerce added the Harmonized Tariff
issuing expedited preliminary results of, Republic of China: Final Results of Antidumping Schedule category 7907.00.6000, ‘‘Other articles of
a changed circumstances review (CCR) Duty Changed Circumstances Review, 76 FR 30101 zinc: Other,’’ to the language of the Order. See
of the antidumping duty (AD) order on (May 24, 2011) (2011 CCR Final Results). Memorandum ‘‘Certain Steel Nails from the
certain steel nails (nails) from the
5 Id. People’s Republic of China: Cobra Anchors Co. Ltd.
6 See the Petitioner’s March 22, 2017 Request for Final Scope Ruling,’’ dated September 19, 2013.
People’s Republic of China (China). Changed Circumstances Review (2017 CCR 15 For a full description of the scope of the Order,

DATES: Applicable September 17, 2018. Request). see Attachment I.

VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1
Document Created: 2018-09-15 01:37:25
Document Modified: 2018-09-15 01:37:25
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable September 17, 2018.
Contact		Susan S. Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202-482-4031.
FR Citation		83 FR 46916
83 FR 46916 - Certain Steel Nails From the People's Republic of China: Initiation and Expedited Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 180 (September 17, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration
