Notice2022-18052
Certain Steel Nails From Thailand: Final Negative Countervailing Duty 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 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of certain steel nails (steel nails) from Thailand.
Full Text
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51343-51345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18052]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-845]
Certain Steel Nails From Thailand: Final Negative Countervailing
Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are not being provided to producers and
exporters of certain steel nails (steel nails) from Thailand.
DATES: Applicable August 22, 2022.
FOR FURTHER INFORMATION CONTACT: Laura Griffith or Jonathan Hall-
Eastman, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6430
or (202) 482-1468, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2022, Commerce published the Preliminary Determination
in the Federal Register.\1\ For a complete description of the events
that followed the Preliminary Determination, see the Issues and
Decision Memorandum.\2\ The Issues and 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 Issues and
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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\1\ See Certain Steel Nails from Thailand: Preliminary Negative
Countervailing Duty Determination, 87 FR 34651 (June 7, 2022)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of the Countervailing Duty Investigation of
Certain Steel Nails from Thailand,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation
The period of investigation is January 1, 2020, through December
31, 2020.
Scope of the Investigation
The products covered by this investigation are steel nails from
Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
On July 5, 2022, Commerce issued the Preliminary Scope
Memorandum.\3\ Commerce received no comments from interested parties on
the Preliminary Scope Memorandum. Thus, Commerce made no changes to the
scope of this investigation since the Preliminary Determination.
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\3\ 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
Memorandum).
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II of this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found countervailable, Commerce determines that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\5\
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\5\ See Commerce's Letters, ``Questionnaire in Lieu of
Verification,'' dated June 14, 2022, June 15, 2022, and June 17,
2022, respectively; see also Come Best's Letter, ``Certain Steel
Nails from Thailand; In Lieu of Verification Response,'' dated June
21, 2022; and Jinhai's Letter, ``Certain Steel Nails from Thailand:
Submission of Jinhai's Response to Questionnaire in Lieu of
Verification,'' dated June 22, 2022.
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Changes Since the Preliminary Determination
Based on our review and analysis of the information received in
lieu of on-site verification and comments received from parties, we
made a change to the subsidy rate calculations for Come Best Thailand
Co. Ltd. (Come Best). We made no changes to the subsidy rate
calculations for Jinhai Hardware Co., Ltd. (Jinhai). For a discussion
of the issues, see the Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Come Best Thailand Co., Ltd.......................... 0.05 (de minimis)
Jinhai Hardware Co. Ltd.............................. 0.10 (de minimis)
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In the Preliminary Determination, consistent with section 703(d) of
the Act, Commerce did not calculate an estimated weighted-average
subsidy rate for all other producers/exporters because it did not make
an affirmative preliminary determination. In the Preliminary
Determination, the total net countervailable subsidy rates for both
companies were de minimis and, therefore, we did not suspend
liquidation. Because the rates for the two companies remain de minimis,
we are not directing U.S. Customs and Border Protection to suspend
liquidation of entries of steel nails from Thailand.
Disclosure
Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of any
public announcement, or if there is no public announcement, within five
days of the publication of this notice in accordance with 19 CFR
351.224(b).
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
U.S. International Trade Commission of our determination. As our final
determination is negative, this proceeding is terminated.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 771(i) of the Act, and 19 CFR 351.210(c).
Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix 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 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 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 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
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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 Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether to Apply Total Adverse Facts Available (AFA)
to Come Best
Comment 2: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Countervailable
VII. Recommendation
[FR Doc. 2022-18052 Filed 8-19-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 22, 2022.
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