Notice2022-01494
Certain Steel Nails From India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations
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
January 26, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 17 (Wednesday, January 26, 2022)</title>
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[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 3965-3970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01494]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-904, A-542-804, A-549-844, A-489-846]
Certain Steel Nails From India, Sri Lanka, Thailand, and the
Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT: David Lindgren at (202) 482-1671
(India); Allison Hollander at (202) 482-2805 (Sri Lanka); Laurel
LaCivita at (202) 482-4243 (Thailand); Tara Moran at (202) 482-3619
(Turkey); AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Petitions
On December 30, 2021, the Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of certain
steel nails (steel nails) from India, Sri Lanka, Thailand, and the
Republic of Turkey (Turkey) filed in proper form on behalf of Mid
Continent Steel & Wire, Inc. (the petitioner), a domestic producer of
steel nails.\1\ The Petitions were accompanied by countervailing duty
(CVD) petitions concerning imports of steel nails from India, the
Sultanate of Oman, Sri Lanka, Thailand, and Turkey.\2\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Steel
Nails from India, Oman, Sri Lanka, Thailand, and Turkey,'' dated
December 30, 2021 (Petitions).
\2\ Id.
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Between January 4 and 13, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires and phone calls.\3\ The petitioner filed
responses to
[[Page 3966]]
the supplemental questionnaires on January 10 and 14, 2022.\4\
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\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Steel
Nails from India, Sri Lanka, Thailand, and the Republic of Turkey
and Countervailing Duties on Imports from the Sultanate of Oman:
Supplemental Questions,'' dated January 4, 2022 (General Issues
Questionnaire); see also Country-Specific Supplemental
Questionnaires: India Supplemental, Sri Lanka Supplemental, Thailand
Supplemental, and Turkey Supplemental, dated January 4, 2022;
Memorandum, ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel Nails from India,
Sri Lanka, Thailand, and the Republic of Turkey and Countervailing
Duties on Imports from the Sultanate of Oman: Phone Call with
Counsel to the Petitioner,'' dated January 7, 2022 (First Scope Call
Memorandum); and Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Steel
Nails from India, Sri Lanka, Thailand, and the Republic of Turkey
and Countervailing Duties on Imports from the Sultanate of Oman:
Phone Call with Counsel to the Petitioner,'' dated January 13, 2022
(Second Scope Call Memorandum).
\4\ See Petitioner's Letter, ``Response to Supplemental
Questions for the Petition for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel Nails from India,
Oman, Sri Lanka, Thailand, and Turkey,'' dated January 10, 2022
(General Issues Supplement); see also Petitioner's Country-Specific
Supplemental Responses, dated January 10, 2022; and Petitioner's
Letter, ``Response to Scope Questions for the Petition for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and
Turkey,'' dated January 14, 2022 (Scope Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of steel nails
from India, Sri Lanka, Thailand, and Turkey are being, or are likely to
be, sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the steel
nail industry in the United States. Consistent with section 732(b)(1)
of the Act, the Petitions are accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\5\
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\5\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on December 30, 2021, the period
of investigation (POI) for these LTFV investigations is October 1,
2020, through September 30, 2021, pursuant to 19 CFR 351.204(b)(1).
Scope of the Investigations
The products covered by these investigations are steel nails from
India, Sri Lanka, Thailand, and Turkey. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On January 4, 7, and 13, 2022, Commerce requested further
information from the petitioner regarding the proposed scope, to ensure
that the scope language in the Petitions is an accurate reflection of
the products for which the domestic industry is seeking relief.\6\ On
January 10 and 14, 2022, the petitioner revised the scope.\7\ The
description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\6\ See General Issues Questionnaire; see also First Scope Call
Memorandum; and Second Scope Call Memorandum.
\7\ See General Issues Supplement at Exhibit GEN-21; see also
Second General Issues Supplement at Exhibit GEN-24.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on February 8, 2022, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on February 18, 2022, which
is ten calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be received
successfully in its entirety by the time and date on which it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of steel nails to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe steel nails, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on February 8,
2022, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on February 18,
2021, which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
[[Page 3967]]
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\13\ Based on our analysis of the information
submitted on the record, we have determined that steel nails, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\14\
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\13\ See Petitions at Volume I at 13-15 and Exhibit GEN-3; see
also General Issues Supplement at 7-10.
\14\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: Certain
Steel Nails from India, Sri Lanka, Thailand, and the Republic of
Turkey (Country-Specific AD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Steel Nails from India, the
Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey
(Attachment II). These checklists are dated concurrently with this
notice and on file electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2020 production of the domestic like product for the U.S. producers
that support the Petitions.\15\ The petitioner estimated the production
of the domestic like product for the remaining U.S. producers of steel
nails based on its knowledge of the industry and production
capabilities and market shares of U.S. producers.\16\ The petitioner
then compared the total production of the supporters of the Petitions
to the estimated total production of the domestic like product for the
entire domestic industry.\17\ We relied on data provided by the
petitioner for purposes of measuring industry support.\18\
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\15\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
\16\ See Petitions at Volume I at 3-4 and Exhibit GEN-1; see
also General Issues Supplement at 6.
\17\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
\18\ See Petitions at Volume I at 3-4 and Exhibit GEN-1; see
also General Issues Supplement at 6. For further discussion, see
Attachment II of the Country-Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\19\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\20\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\21\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\22\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\23\
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\19\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ See Petitions at Volume I at 17-19 and Exhibit GEN-9.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; decline in U.S. shipments and production and low
level capacity utilization; underselling and price depression and/or
suppression; adverse impact on employment variables; lost sales and
revenues; and declining profitability.\25\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly
[[Page 3968]]
supported by adequate evidence, and meet the statutory requirements for
initiation.\26\
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\25\ See Petitions at Volume I at 19-21, 25-40 and Exhibits GEN-
1, GEN-3, GEN-8, and GEN-11 through GEN-20.
\26\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Steel Nails from India, the Sultanate of Oman, Sri
Lanka, Thailand, and the Republic of Turkey (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations of imports of steel nails from India, Sri Lanka,
Thailand, and Turkey. The sources of data for the deductions and
adjustments relating to U.S. price and normal value (NV) are discussed
in greater detail in the country-specific AD Initiation Checklists.
U.S. Price
For India, Sri Lanka, Thailand, and Turkey, the petitioner
established export prices (EPs) based on the average unit value of
publicly available import data. To calculate an ex-factory, net EP, the
petitioner then deducted expenses associated with inland freight and
brokerage and handling costs incurred within each respective
country.\27\
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\27\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value \28\
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\28\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For India, Sri Lanka, Thailand, and Turkey, the petitioner stated
it was unable to obtain home-market or third-country prices for steel
nails to use as a basis for NV. Therefore, for each country, the
petitioner calculated NV based on constructed value (CV).\29\
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\29\ See Country-Specific AD Initiation Checklists.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general, and
administrative expenses, financial expenses, and profit.\30\ For India,
Sri Lanka, Thailand, and Turkey, in calculating the cost of
manufacturing, the petitioner relied on its own production experience
and input consumption rates as a U.S. steel nail producer, valued using
publicly available information applicable to each respective subject
country.\31\ With respect to India and Sri Lanka, in calculating
selling, general, and administrative expenses, financial expenses, and
profit ratios (where applicable), the petitioner relied on the 2020
financial statements of an Indian steel nails producer.\32\ For
Thailand and Turkey, in calculating selling, general, and
administrative expenses, financial expenses, and profit ratios (where
applicable), the petitioner relied upon the 2020 financial statements
of producer of comparable merchandise domiciled in each respective
subject country.\33\
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\30\ Id.
\31\ Id.
\32\ Id.
\33\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of steel nails from India, Sri Lanka, Thailand,
and Turkey are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to CV in accordance with section 773
of the Act, the estimated dumping margins for steel nails concerning
each of the countries covered by this initiation are as follows: (1)
India--66.53 to 99.43 percent; (2) Sri Lanka--35.50 to 104.13 percent;
(3) Thailand--64.44 to 65.87 percent; and (4) Turkey--28.94 to 33.03
percent.\34\
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\34\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of steel nails from India, Sri Lanka,
Thailand, and Turkey are being, or are likely to be, sold in the United
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioner identified 11 companies in India,
five companies in Sri Lanka, five companies in Thailand, and six
companies in Turkey, as producers and/or exporters of steel nails.\35\
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\35\ See Petitions at Volume I at Exhibit GEN-6.
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Following standard practice in LTFV investigations involving market
economy countries, in the event that Commerce determines that the
number of exporters or producers in any individual case is large such
that Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States subheadings listed in the ``Scope of the
Investigations,'' in the appendix.
On January 14, 2022, Commerce released CBP data on imports of steel
nails from India, Sri Lanka, Thailand, and Turkey under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on the CBP data must do so within three business days after the
publication date of the notice of initiation of these
investigations.\36\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\36\ See Memoranda, ``Antidumping Duty Petition on Imports of
Certain Steel Nails from India: Release of U.S. Customs and Border
Protection Data''; ``Antidumping Duty Petition on Imports of Certain
Steel Nails from Sri Lanka: Release of U.S. Customs and Border
Protection Data''; ``Antidumping Duty Petition on Imports of Certain
Steel Nails from Thailand: Release of U.S. Customs and Border
Protection Data''; and ``Antidumping Duty Petition on Imports of
Certain Steel Nails from Turkey: Release of U.S. Customs and Border
Protection Data,'' dated January 14, 2022.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline.
Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of India, Sri Lanka, Thailand, and Turkey
via ACCESS. To the extent practicable, we will attempt to provide a
copy of the public version of the AD Petitions to each exporter named
in the AD Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that
[[Page 3969]]
imports of steel nails from India, Sri Lanka, Thailand, and/or Turkey
are materially injuring, or threatening material injury to, a U.S.
industry.\37\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\38\
Otherwise, these LTFV investigations will proceed according to
statutory and regulatory time limits.
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\37\ See section 733(a) of the Act.
\38\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \39\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\40\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\39\ See 19 CFR 351.301(b).
\40\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning factual information
prior to submitting factual information in these investigations.\41\
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\41\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\42\
Parties must use the certification formats provided in 19 CFR
351.303(g).\43\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\42\ See section 782(b) of the Act.
\43\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by the filing a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\44\
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\44\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is certain steel
nails having a nominal shaft or shank 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
or long-rolled flat steel bars. Certain steel nails may be of one
piece construction or constructed of two or more pieces. Examples of
nails constructed of two or more pieces include, but are not limited
to, anchors comprised of an anchor body made of zinc or nylon and a
steel pin or a steel nail; crimp drive anchors; split-drive anchors,
and strike pin anchors. Also included in the scope are anchors of
one piece construction.
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 or shaft 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,
[[Page 3970]]
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 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 or shank length of one inch or less that are a
component of an unassembled article, where the total number of nails
is sixty (60) or less, and 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 investigations are nails
suitable for use in powder-actuated hand tools, whether or not
threaded, which are currently classified under HTSUS subheadings
7317.00.2000 and 7317.00.3000.
Also excluded from the scope of these investigations are nails
suitable for use in gas-actuated hand tools. These nails have 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.
Also excluded from the scope of these investigations 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 investigations are thumb
tacks, which are currently classified under HTSUS subheading
7317.00.1000.
Also excluded from the scope are decorative or upholstery tacks.
Certain steel nails subject to these investigations are
currently classified under HTSUS subheadings 7317.00.5501,
7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507,
7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519,
7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550,
7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590,
7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails
subject to these investigations also may be classified under HTSUS
subheadings 7318.15.5060, 7318.15.5090, 7907.00.6000, 8206.00.0000
or other HTSUS subheadings. While the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2022-01494 Filed 1-25-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 26, 2022.
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.