Notice2025-10729
Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review; 2023-2024
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
June 12, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from Taiwan were sold in the United States at less than normal value during the period of review (POR), July 1, 2023, through June 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 112 (Thursday, June 12, 2025)</title>
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[Federal Register Volume 90, Number 112 (Thursday, June 12, 2025)]
[Notices]
[Pages 24786-24788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10729]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Results of Antidumping
Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails (nails) from Taiwan were sold in the United States
at less than normal value during the period of review (POR), July 1,
2023, through June 30, 2024.
DATES: Applicable June 12, 2025.
FOR FURTHER INFORMATION CONTACT: Henry Wolfe, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0574.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2025, Commerce published the Preliminary Results in the
Federal Register and invited interested parties to comment on those
results.\1\ No interested party submitted comments on the Preliminary
Results.\2\ Accordingly, the final results remain unchanged from the
Preliminary Results and there is no decision memorandum accompanying
this notice. The Preliminary Results are hereby adopted as these final
results. Commerce conducted this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Certain Steel Nails from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission of
Review; 2023-2024, 90 FR 14633 (April 3, 2025) (Preliminary
Results).
\2\ We note that a case brief was filed by Tricera and rejected
by Commerce and that petitioner's comments pertaining to the same
case brief were also rejected, see Commerce's Letter, ``Rejection of
Tricera Case Brief,'' dated April 24, 2025; see also Commerce's
Letter, ``Rejection of Submission Containing Untimely Filed Comments
and Responding Submission,'' dated May 1, 2025.
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This review covers four producers and/or exporters of the subject
merchandise. Commerce selected four companies, (1) Dar Yu Enterprise Co
Ltd (Dar Yu); (2) Liang Chyuan Industrial Co. Ltd (Liang Chyuan); (3)
Tricera Corp (Tricera); and (4) Your Standing International Inc (YSI),
for individual examination.\3\
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\3\ See Memorandum, ``Respondent Selection,'' dated September
17, 2024; see also Memorandum ``Selection of Additional Mandatory
Respondents,'' dated November 25, 2024.
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Scope of the Order <SUP>4</SUP>
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\4\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
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The merchandise covered by the Order is nails having a nominal
shaft length not exceeding 12 inches.\5\ Nails include, but are not
limited to, nails made from round wire and nails that are cut from
flat-rolled steel. Nails may be of one piece construction or
constructed of two or more pieces. 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. 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 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. Nails may be sold in
bulk, or they may be collated in any manner using any material.
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\5\ The shaft length of nails with flat heads or parallel
shoulders under the head shall be measured from under the head or
shoulder to the tip of the point. The shaft length of all other
nails shall be measured overall.
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Excluded from the scope of the Order are 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,
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 nails with a nominal shaft length
of one inch or less that are (a) a component of an unassembled article,
(b) the total number of nails is sixty (60) or less, and (c) 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
[[Page 24787]]
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 the Order are nails that meet the
specifications of Type I, Style 20 nails as identified in Tables 29
through 33 of ASTM Standard F1667 (2013 revision).
Also excluded from the scope of the Order are nails suitable for
use in powder-actuated hand tools, whether or not threaded, which are
currently classified under HTSUS subheadings 7317.00.20.00 and
7317.00.30.00.
Also excluded from the scope of the Order are nails having 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, suitable for use in gas-actuated
hand tools.
Also excluded from the scope of the Order 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 the Order are thumb tacks, which
are currently classified under HTSUS subheading 7317.00.10.00.
Nails subject to the Order are currently classified under HTSUS
subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60, and 7317.00.75.00. Nails subject to this
Order also may be classified under HTSUS subheadings 7907.00.60.00,
8206.00.00.00, 7806.00.80.00, 7318.29.00.00, or other HTSUS
subheadings.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of the Order is
dispositive.
Use of Facts Available With Adverse Inferences
As discussed in the Preliminary Results, we are relying entirely
upon facts otherwise available, pursuant to sections 776(a) and (b) of
the Act, to assign estimated dumping margins to mandatory respondents
Dar Yu, Liang Chyuan, Tricera, and YSI because these companies were
unresponsive to our requests for information, and thereby withheld
necessary information that was requested by Commerce, failed to provide
the information requested by the specified deadlines in the form and
manner requested, and significantly impeded the review. Further,
Commerce continues to find that Dar Yu, Liang Chyuan, Tricera, and YSI
failed to cooperate by not acting to the best of their ability to
comply with requests for information and, thus, Commerce is applying an
adverse inference in selecting among the facts available, in accordance
with section 776(b) of the Act. Using adverse facts available (AFA), we
are assigning these companies a rate of 78.17 percent, which is the
highest rate applied in any segment of this proceeding.
Final Results of Review
As a result of our review, we have determined the following dumping
margins for the firms listed below for the period July 1, 2023, through
June 30, 2024:
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Weighted-average
Exporter/producer dumping margin
(percent)
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Dar Yu Enterprise Co Ltd (Dar Yu).................... 78.17
Liang Chyuan Industrial Co Ltd. (Liang Chyuan)....... 78.17
Tricera Corp (Tricera)............................... 78.17
Your Standing International Inc (YSI)................ 78.17
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of administrative review
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of the final results in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied AFA to the four companies
subject to this review, and there are no changes from the Preliminary
Results, there are no calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Dar Yu, Liang Chyuan, Tricera, and
YSI, will be equal to the appropriate dumping margin established in the
final results of
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this administrative review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior
completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less than fair
value (LTFV) investigation, but the producer has been covered in a
prior completed segment of this proceeding, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period for the producer of the merchandise; and (4) the cash
deposit rate for all other producers and exporters will continue to be
2.16 percent, the all-others rate established in the LTFV
investigation, as amended.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\6\ See Certain Steel Nails from Taiwan: Notice of Court
Decision Not in Harmony With Final Determination in Less Than Fair
Value Investigation and Notice of Amended Final Determination, 82 FR
55090 (November 20, 2017).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
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/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
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: June 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2025-10729 Filed 6-11-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 12, 2025.
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