Notice2022-28018
Certain Steel Nails From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value
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
December 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from the Republic of Turkey (Turkey) are being, or are 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78935-78937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28018]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-846]
Certain Steel Nails From the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails (nails) from the Republic of Turkey (Turkey) are
being, or are 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.
DATES: Applicable December 23, 2022.
FOR FURTHER INFORMATION CONTACT: David Crespo or Amaris Wade, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-6334,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of nails from Turkey.\1\ We
invited interested parties to comment on the Preliminary Determination.
We received one case brief from Sertel Vida Metal A.S. (Sertel
Vida).\2\ We received no other case or rebuttal briefs. A summary of
the events that occurred since Commerce published the Preliminary
Determination, as well as a full discussion of the issues raised by
Sertel Vida for the final determination, may be found in the Issues and
Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Republic of Turkey:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 87 FR 47699 (August 4, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Sertel Vida's Letter, ``Sertel Case Brief,'' dated
November 14, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair Value Investigation of
Certain Steel Nails from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Scope Comments
On July 5, 2022, we issued the Preliminary Scope Decision
Memorandum.\4\ The scope case briefs were due on July 19, 2022.\5\ We
did not receive any scope case briefs from interested parties.
Therefore, Commerce has not made any changes to the scope of this
investigation since the Preliminary Determination.
---------------------------------------------------------------------------
\4\ 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).
\5\ Id. at 4.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are nails from Turkey.
For a full description of the scope of this investigation, see Appendix
I.
Analysis of Comments Received
The sole issue raised in comments that were submitted by parties in
this investigation is addressed in the Issues and Decision
Memorandum.\6\ A list of the issues addressed in the Issues and
Decision Memorandum is attached to this notice at Appendix II. 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>.
---------------------------------------------------------------------------
\6\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in September 2022, we verified the sales and cost
information submitted by Aslanbas Civi Tel Ve Celik Hasir San A.S
(Aslanbas), for use in our final determination. We used standard
verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by Aslanbas.
In addition, as provided in section 782(i) of the Act, in September
and October 2022, we conducted verification of the cost and sales
information submitted by Sertel Vida using standard verification
procedures. However, as explained in the Issues and Decision
Memorandum, Commerce was unable to verify the accuracy of Sertel Vida's
reporting with respect to its sales data. As a consequence, we find
that Sertel Vida's reported sales data are unverified, and, thus,
cannot serve as a reliable basis for calculating an accurate margin for
Sertel Vida in this investigation. Specifically, because we encountered
so many errors within Sertel Vida's reported sales data at
verification, and the submitted sales information is integral to the
proper evaluation of its margin calculation, we find that all of the
sales information submitted by Sertel Vida is unverified. For further
discussion, see the Issues and Decision Memorandum.
Changes from the Preliminary Determination
Based on our analysis of the comment received and our findings at
verification, we made certain changes to the margin calculations for
Aslanbas and Sertel Vida. For a discussion of these changes, see the
Issues and Decision Memorandum. Additionally, because the U.S.
International Trade Commission (ITC) found that the United States is
not materially injured or threatened with material injury by reason of
imports of steel nails from India, Oman, and Turkey, the companion
countervailing duty investigation has been terminated.\7\ Thus, we will
not adjust the final estimated weighted-average dumping margin for
Aslanbas or Sertel Vida for export subsidies to determine each
company's cash deposit rate.
---------------------------------------------------------------------------
\7\ See ITC's Letter, Notification Regarding the Countervailing
Duty Investigation, dated October 6, 2022.
---------------------------------------------------------------------------
Adverse Facts Available
Due to our inability to verify Sertel Vida's submitted data, we are
unable to use its data to calculate an accurate dumping margin for the
company. We also find that Sertel Vida did not act to the best of its
ability to comply with our requests for information. Therefore, for
this final determination we find it appropriate to assign Sertel Vida
an estimated weighted-average dumping margin based on facts available
with an adverse inference (AFA), in accordance with sections 776(a) and
(b) of the Act and 19 CFR 351.308. For further discussion, see the
Issues and Decision Memorandum.
Pursuant to section 776(b) of the Act, we examined the dumping
margins alleged in the petition, the weighted-average dumping margins
calculated in this final determination, and other information of the
record of this investigation to determine an appropriate estimated
weighted-average dumping margin for Sertel Vida based
[[Page 78936]]
on AFA. We are assigning the highest transaction-specific dumping
margin calculated for Aslanbas as the estimated weighted-average
dumping margin to Sertel Vida based on AFA. Because we are relying on
information obtained in the course of this investigation, we do not
need to corroborate this margin pursuant section 776(c) of the Act. For
further discussion, see the Issues and Decision Memorandum at ``Use of
Adverse Facts Available.''
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. Aslanbas is the only respondent for which Commerce calculated
a company-specific estimated weighted-average dumping margin that is
above de minimis and not based entirely on AFA. Therefore, for purposes
of determining the ``all-others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the estimated weighted-average
dumping margin calculated for Aslanbas, as referenced in the ``Final
Determination'' section, below.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Aslanbas Civi Tel Ve Celik Hasir San A.S.................... 27.62
Sertel Vida Metal A.S....................................... 118.20
All Others.................................................. 27.62
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of nails from Turkey, as
described in Appendix I to this notice, entered, or withdrawn from
warehouse, for consumption on or after August 4, 2022, the date of
publication of Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit for estimated antidumping duties equal to the estimated
weighted-average dumping margin, as follows: (1) the cash deposit rate
for the companies listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding. Accordingly, in a LTFV
investigation where Commerce has made an affirmative determination for
countervailable export subsidies, Commerce has offset the estimated
weighted-average dumping margin by the appropriate countervailed export
subsidy rate. Here, because the ITC made a negative determination in
the companion CVD proceeding, we are no longer adjusting our cash
deposit rate to account for export subsidies in this final
determination.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose under administrative protective order
(APO) its calculations and related analysis 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 date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
Commerce's final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of nails from Turkey
no later than 45 days after this final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, and all cash deposits posted will be refunded and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to an 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 return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: December 19, 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.
[[Page 78937]]
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
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Use of Facts Available with an Adverse Inference
IV. Changes from the Preliminary Determination
V. Discussion of the Issue
Comment: Sertel Vida's Date of Sale
VI. Recommendation
[FR Doc. 2022-28018 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 23, 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.