Notice2022-28019
Certain Steel Nails From Sri Lanka: Final Negative 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 (steel nails) from Sri Lanka are not being, nor 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
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78933-78935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28019]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-542-804]
Certain Steel Nails From Sri Lanka: Final Negative 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 (steel nails) from Sri Lanka are not being, nor 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: 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
On August 4, 2022, Commerce published in the Federal Register its
preliminary negative determination in the LTFV investigation of steel
nails from Sri Lanka, in which it also postponed the final
determination until December 19, 2022.\1\ Commerce invited interested
parties to comment on the Preliminary Determination.
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\1\ See Certain Steel Nails from Sri Lanka: Preliminary Negative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 87 FR 47701 (August 4, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
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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
available 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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\2\ See Memorandum, ``Decision Memorandum for the Final Negative
Determination of Sales at Less-Than-Fair-Value in the Investigation
of Certain Steel Nails from Sri Lanka,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope Comments
On July 5, 2022, we issued the Preliminary Scope Decision
Memorandum.\3\ The scope case briefs were due on July 19, 2022.\4\ 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.
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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
Decision Memorandum).
\4\ Id at 4.
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Scope of the Investigation
The product covered by this investigation is steel nails from Sri
Lanka. For a complete description of the scope of this investigation,
see Appendix I.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation pursuant to section 782(i) of the Tariff Act of 1930, as
amended (the Act). Accordingly, we took additional steps in lieu of an
on-site verification and requested additional documentation and
information.\5\
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\5\ See Commerce's Letter, ``Questionnaire in Lieu of
Verification,'' dated October 3, 2022.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made a change to
the margin calculation for Trinity Steel Private Limited since the
Preliminary Determination. For a discussion of the change, see the
Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the POI:
[[Page 78934]]
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Trinity Steel Private Limited.............................. 0.00
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Commerce has not calculated an estimated weighted-average dumping
margin for all other producers and exporters pursuant to sections
735(c)(1)(B) and (c)(5) of the Act, because it has not made a final
affirmative determination of sales at LTFV.
Disclosure
Commerce intends to disclose its calculations and analysis
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 date of publication of this notice in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because Commerce has made a final negative 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.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final negative
determination of sales at LTFV. As our final determination is negative,
this proceeding is terminated in accordance with section 735(c)(2) of
the Act.
Administrative Protective Order
This notice serves as a final reminder to the 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 or 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 subject
to sanction.
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.
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. Change Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Valuation of Constructed Value (CV) Profit and
Indirect Selling Expense (ISE) Ratios
Comment 2: Application of the Cohen's d Test
Comment 3: Quarterly Cost Database
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V. Recommendation
[FR Doc. 2022-28019 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 23, 2022.
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