Notice2022-16722
Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
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
August 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (steel nails) from Sri Lanka are not being, or are not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47701-47704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16722]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-542-804]
Certain Steel Nails From Sri Lanka: Preliminary Negative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain steel nails (steel nails) from Sri Lanka are
not being, or are not likely to be, sold in the United States at less
than fair value (LTFV). The
[[Page 47702]]
period of investigation (POI) is October 1, 2020, through September 30,
2021. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 26,
2022.\1\ On May 20, 2022, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
July 28, 2022.\2\
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\1\ See Certain Steel Nails from India, Sri Lanka, Thailand, and
the Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice).
\2\ See Certain Steel Nails from India, Sri Lanka, Thailand, and
the Republic of Turkey: Postponement of Preliminary Determinations
in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20,
2022).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Negative Determination in the Less-Than-Fair-Value Investigation of
Certain Steel Nails from Sri Lanka,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are steel nails from Sri
Lanka. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of this investigation as it appeared in
the Initiation Notice. On July 5, 2022, Commerce issued its preliminary
determination regarding the scope of the investigation.\6\ For a
summary of the product coverage comments and rebuttal responses
submitted to the record for this investigation, and accompanying
analysis of all comments timely received, see the Preliminary Scope
Decision Memorandum. Based on an analysis of the comments received,
Commerce preliminarily determined to make no change to the scope
language from the Initiation Notice, as reflected in Appendix I.\7\
Commerce established a separate briefing schedule for interested
parties to address the preliminary scope determination.\8\
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 3966.
\6\ See Memorandum, ``Antidumping Duty Investigations of Certain
Steel Nails from India, Sri Lanka, Thailand, and Turkey and
Countervailing Duty Investigations of Certain Steel Nails from
India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope
Decision Memorandum,'' dated July 5, 2022 (Preliminary Scope
Decision Memorandum).
\7\ Though Commerce preliminarily determined to make no change
to the language of the scope in response to interested parties'
comments, we note that the scope language as listed in Appendix I
omits an HTSUS subheading (7318.15.5060) originally included in the
scope language from the Initiation Notice, because Commerce
determined that the HTSUS subheading does not exist. Id. at 15.
\8\ Id. at 4-5.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Trinity Steel Private Limited............................... 0.00
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Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce preliminarily determines that
Trinity Steel Private Limited, the only individually examined
respondent with a zero rate, has not made sales of subject merchandise
at LTFV.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
steel nails from Sri Lanka.
Disclosure
Commerce intends to disclose its calculations and related analysis
to interested parties within five days of any public announcement of
the preliminary determination or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.\9\
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in these case briefs, may be submitted
no later than seven days after
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the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\11\
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\9\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. The scope
case briefs deadline was July 19, 2022. See the Preliminary Scope
Decision Memorandum at 4.
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination in the Federal Register
if, in the event of a negative preliminary determination, a request for
such postponement is made by the petitioner.
On July 14, 2022, Mid Continent Steel & Wire, Inc. (the petitioner)
requested that Commerce postpone the final determination in the event
of a negative preliminary determination.\12\ In accordance with section
735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i), because: (1) the
preliminary determination is negative; (2) the petitioner has requested
the postponement of the final determination; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination. Accordingly, Commerce will make its final determination
by no later than 135 days after the date of publication of this
preliminary determination in the Federal Register, pursuant to section
735(a)(2) of the Act.\13\
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\12\ See Petitioner's Letter, ``Certain Steel Nails from India,
Sri Lanka and Thailand--Petitioner's Request for Postponement Final
Determination,'' dated July 14, 2022.
\13\ See also 19 CFR 351.210(e).
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If Commerce's final determination is affirmative, then
the ITC will determine before the later of 120 days after the date of
this preliminary determination or 45 days after the final determination
whether imports of steel nails from Sri Lanka are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Attachment I--Scope of the Investigation
The merchandise covered by this investigation 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 investigation 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 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 this investigation 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 this investigation 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 this investigation 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 investigation 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 this investigation are currently
classified under
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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 this investigation also
may be classified under HTSUS subheadings 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 this investigation is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
VII.
[FR Doc. 2022-16722 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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