Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
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Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-673-677 and 731-TA-1580-1583 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of steel nails from India, Oman, Sri Lanka, Thailand, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized. Determinations by Commerce with respect to sales at less-than-fair-value value of imports of steel nails from India, Sri Lanka, Thailand, and Turkey are pending.
Full Text
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<title>Federal Register, Volume 87 Issue 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36882-36884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12953]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-673-677 and 731-TA-1580-1583 (Final)]
Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey;
Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-673-677 and 731-TA-1580-1583 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of steel nails from India, Oman, Sri
Lanka, Thailand, and Turkey, provided for in subheadings 7317.00.55,
7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the
United States, preliminarily determined by the Department of Commerce
(``Commerce'') to be subsidized. Determinations by Commerce with
respect to sales at less-than-fair-value value of imports of steel
nails from India, Sri Lanka, Thailand, and Turkey are pending.
DATES: June 7, 2022.
FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708-1669), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``certain steel nails having a nominal shaft
or shank length not exceeding 12 inches. Certain steel nails include,
but are not
[[Page 36883]]
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.'' \1\
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\1\ For Commerce's complete scope with exclusions, please see 87
FR 34654 (June 7, 2022).
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Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in India, Oman, Sri Lanka, and Turkey of steel nails,\2\ and
pending preliminary determinations by Commerce regarding whether such
products from India, Sri Lanka, Thailand, and Turkey are being sold in
the United States at less than fair value within the meaning of Sec.
733 of the Act (19 U.S.C. 1673b). The investigations were requested in
petitions filed on December 30, 2021, by Mid Continent Steel & Wire,
Inc., Poplar Bluff, Missouri.
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\2\ While Commerce has preliminarily determined that
countervailable subsidies are not being provided to producers and
exporters of steel nails from Thailand, the Commission also is
continuing its investigative activities pursuant to Commission rule
207.21(c).
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on August
4, 2022, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on August
17, 2022. Information about the place and form of the hearing,
including about how to participate in and/or view the hearing, will be
posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>. Interested parties should check the
Commission's website periodically for updates. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before August 12, 2022. A nonparty who has testimony
that may aid the Commission's deliberations may request permission to
present a short statement at the hearing. All parties and nonparties
desiring to appear at the hearing and make oral presentations should
attend a prehearing conference to be held at 9:30 a.m. on August 15,
2022. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is August 11, 2022. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
August 24, 2022. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before August 24, 2022. On September 9, 2022, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before September 13, 2022, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI
[[Page 36884]]
service list), and a certificate of service must be timely filed. The
Secretary will not accept a document for filing without a certificate
of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12953 Filed 6-17-22; 8:45 am]
BILLING CODE 7020-02-P
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