Notice2021-13172
Certain Steel Nails From the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Continuation of Antidumping and Countervailing Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) 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) would likely lead to continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 117 (Tuesday, June 22, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Notices]
[Pages 32672-32673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13172]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 /
Notices
[[Page 32672]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874, A-557-816, A-523-808, A-583-854, A-552-818, C-552-819]
Certain Steel Nails From the Republic of Korea, Malaysia, the
Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) and countervailing duty (CVD)
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) would likely lead to
continuation or recurrence of dumping, net countervailable subsidies,
and material injury to an industry in the United States, Commerce is
publishing a notice of continuation of these AD and CVD orders.
DATES: Applicable June 22, 2021.
FOR FURTHER INFORMATION CONTACT: Amaris Wade, Office II, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3874.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2015, Commerce published the AD orders on steel nails
from Korea, Malaysia, Oman, Taiwan, and Vietnam \1\ and on July 14,
2015, published the CVD order on steel nails from Vietnam.\2\ On June
1, 2020, the ITC instituted,\3\ and Commerce initiated,\4\ the first
five-year (sunset) reviews of the AD Orders and the CVD Order, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, Commerce determined that revocation of the AD
Orders would be likely to lead to continuation or recurrence of
dumping, and revocation of the CVD Order would be likely to lead to
continuation or recurrence of countervailable subsidies. Therefore,
Commerce notified the ITC of the magnitude of the margins of dumping
and the net subsidy rates likely to prevail should the AD Orders and
the CVD Order be revoked.\5\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (AD
Orders).
\2\ See Certain Steel Nails from the Socialist Republic of
Vietnam: Countervailing Duty Order, 80 FR 41006 (July 14, 2015) (CVD
Order).
\3\ See Steel Nails from Korea, Malaysia, Oman, Taiwan, and
Vietnam; Institution of Five-Year Reviews, 85 FR 33195 (June 1,
2020).
\4\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 33088
(June 1, 2020).
\5\ See Certain Steel Nails from the Republic of Korea,
Malaysia, Taiwan, and the Socialist Republic of Vietnam: Final
Results of the Expedited First Sunset Reviews of the Antidumping
Duty Orders, 85 FR 63094 (October 6, 2020), and accompanying Issues
and Decision Memorandum (IDM); see also Certain Steel Nails from the
Sultanate of Oman: Final Results of the First Five-Year Sunset
Review of the Antidumping Duty Order, 86 FR 7355 (January 28, 2021),
and accompanying IDM; and Certain Steel Nails from the Socialist
Republic of Vietnam: Final Results of the Expedited First Five-Year
Sunset Review of the Countervailing Duty Order, 85 FR 63078 (October
6, 2020).
---------------------------------------------------------------------------
On June 3, 2021, the ITC published its determinations, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the AD Orders
and the CVD Order would likely lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\6\
---------------------------------------------------------------------------
\6\ See Steel Nails from Korea, Malaysia, Oman, Taiwan, and
Vietnam USITC Inv. Nos. 701-TA-521 and 731-TA-1252-1255 and 1257
(Review), 86 FR 29806 (June 3, 2021); see also Steel Nails from
Korea, Malaysia, Oman, Taiwan, and Vietnam: Investigation Nos. 701-
TA-521 and 731-TA-1252-1255 and 1257 (Review), USITC Pub. 5200 (May
2021).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the orders is certain steel nails having
a nominal shaft length not exceeding 12 inches. 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 consist of
a one piece construction or be 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.
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
[[Page 32673]]
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 the 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 the 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 the 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 the 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 the orders are thumb tacks, which
are currently classified under HTSUS subheading 7317.00.10.00.
Certain steel nails subject to the 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,
7318.29.0000, and 7806.00.8000. Certain steel nails subject to the
orders 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 the orders is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the AD Orders and the CVD Order would likely lead to a
continuation or a recurrence of dumping, countervailable subsidies, and
of material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby
orders the continuation of the AD Orders and the CVD Order. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the AD Orders and the CVD
Order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
review of the AD Orders and the CVD Order not later than 30 days prior
to the fifth anniversary of the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and (d)(2) of the Act and published in accordance
with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: June 7, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-13172 Filed 6-21-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.