Certain Steel Nails From the People's Republic of China: Continuation of Antidumping Duty Order
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain steel nails (nails) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order.
Full Text
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<title>Federal Register, Volume 90 Issue 83 (Thursday, May 1, 2025)</title>
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[Federal Register Volume 90, Number 83 (Thursday, May 1, 2025)]
[Notices]
[Pages 18644-18645]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07582]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on certain steel
nails (nails) from the People's Republic of China (China) would likely
lead to the continuation or recurrence of dumping and material injury
to an industry in the United States, Commerce is publishing a notice of
continuation of this AD order.
DATES: Applicable April 24, 2025.
FOR FURTHER INFORMATION CONTACT: Jacob Couture, Trade Agreements Policy
and Negotiations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW Washington, DC 20230; telephone: (202) 482-5714.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2008, Commerce published the AD order on nails from
China in the Federal Register.\1\ On November 4, 2024, the ITC
instituted,\2\ and Commerce initiated,\3\ the third sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to the continuation or
recurrence of dumping and, therefore, notified the ITC of the magnitude
of the margins of dumping rates likely to prevail should the Order be
revoked.\4\
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\1\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
\2\ See Steel Nails from China; Institution of a Five-Year
Review, 89 FR 87413 (November 1, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 87543
(November 4, 2024).
\4\ See Certain Steel Nails from the People's Republic of China:
Final Results of the Expedited Sunset Review of the Antidumping Duty
Order, 90 FR 10810 (February 27, 2025), and accompanying Issues and
Decision Memorandum.
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On April 24, 2025, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Steel Nails from China, 90 FR 17258 (April 24, 2025)
(ITC Final Determination).
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Scope of the Order <SUP>6</SUP>
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\6\ See Certain Steel Nails from the People's Republic of China:
Final Results of Antidumping Duty Changed Circumstances Review, 84
FR 49508 (September 20, 2019).
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The merchandise covered by the Order includes certain steel nails
having a shaft length up to 12 inches. Certain steel nails include, but
are not limited to, nails made of round wire and nails that are cut.
Certain steel nails may be of one piece construction or constructed of
two or more pieces. Certain steel nails may be produced from any type
of steel, and have a variety of finishes, heads, shanks, point types,
shaft lengths and shaft diameters. Finishes include, but are not
limited to, coating in vinyl, zinc (galvanized, whether by
electroplating or hot dipping one or more times), phosphate cement, and
paint. Head styles include, but are not limited to, flat, projection,
cupped, oval, brad, headless, double, countersunk, and sinker. Shank
styles include, but are not limited to, smooth, barbed, screw threaded,
ring shank and fluted shank styles. Screw-threaded nails subject to the
Order are driven using direct force and not by turning the fastener
using a tool that engages with the head. Point styles include, but are
not limited to, diamond, blunt, needle, chisel and no point. Finished
nails may be sold in bulk, or they may be collated into strips or coils
using materials such as plastic, paper, or wire. Certain steel nails
subject to the Order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55,
7317.00.65, 7317.00.75, and 7907.00.6000.\7\
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\7\ Commerce added the HTSUS subheading 7907.00.6000, ``Other
articles of zinc: Other,'' to the language of the Order. See Certain
Steel Nails from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012-2013, 80 FR 18816,
18816 n.5 (April 5, 2018).
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Excluded from the scope are steel roofing nails of all lengths and
diameter, whether collated or in bulk, and whether or not galvanized.
Steel roofing nails are specifically enumerated and identified in ASTM
Standard F 1667 (2005 revision) as Type I, Style 20 nails, inclusive of
the following modifications: (1) Non-collated (i.e., hand-driven or
bulk), steel nails as described in ASTM Standard F 1667 (2005 revision)
as Type I, Style 20 nails, as modified by the following description:
having a bright or galvanized finish, a smooth, barbed or ringed shank,
an actual length of 0.500'' to 4'', inclusive; an actual shank diameter
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of
0.3375'' to 0.500'', inclusive; (2) Wire collated steel nails, in
coils, as described in ASTM Standard F 1667 (2005 revision) as Type I,
Style 20 nails, as modified by the following description: having a
galvanized finish, a smooth, barbed or ringed shank, an actual length
of 0.500'' to 1.75'', inclusive, an actual shank diameter of 0.116'' to
0.166'', inclusive; and an actual head diameter of 0.3375'' to 0.500'',
inclusive; and (3) Non-collated (i.e., hand-driven or bulk), as
described in ASTM Standard F 1667 (2005 revision) as Type I, Style 20
nails, as modified by the following description: steel nails having a
convex head (commonly known as an umbrella head), a smooth or spiral
shank, a galvanized finish, an actual length of 1.75'' to 3'',
inclusive; an actual shank diameter of 0.131'' to 0.152'', inclusive;
and an actual head diameter of 0.450'' to 0.813'', inclusive.
Also excluded from the scope are the following steel nails: Non-
collated (i.e., hand-driven or bulk), two-piece steel nails having
plastic or steel washers (caps) already assembled to the nail, having a
bright or galvanized finish, a ring, fluted or spiral shank, an actual
length of 0.500'' to 8'', inclusive; and an actual shank diameter of
0.1015'' to 0.166'', inclusive; and an actual washer or cap diameter of
0.900'' to 1.10'', inclusive.
Also excluded from the scope of the Order are corrugated nails. A
corrugated nail is made of a small strip of corrugated steel with sharp
points on one side. Also excluded from the scope of the Order are
fasteners suitable for use in powder-actuated hand tools, not threaded
and threaded, which are currently classified under HTSUS 7317.00.20 and
7317.00.30. Also excluded from the scope of the Order are thumb tacks,
which are currently classified under HTSUS 7317.00.10.00.
Also excluded from the scope of the Order are certain brads and
finish nails that are equal to or less than 0.0720 inches in shank
diameter, round or rectangular in cross section, between 0.375 inches
and 2.5 inches in length, and that are collated with adhesive or
polyester film tape backed with a heat seal adhesive. Also excluded
from the scope of the Order are fasteners having a case hardness
greater than or equal to 50 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, suitable for
use in gas-actuated hand tools. While the HTSUS subheadings are
provided for convenience and customs purposes,
[[Page 18645]]
the written description of the scope of the Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Order. U.S. Customs and Border Protection will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise.
The effective date of the continuation of the Order will be April
24, 2025.\8\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Order not later than 30 days prior to the fifth anniversary of
the date of the last determination by the ITC.
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\8\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 which
is subject to sanction.
Notification to Interested Parties
This five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: April 25, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-07582 Filed 4-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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