80 FR 97 pgs. 28964-28966 - Certain Steel Nails From Taiwan: Final Negative Countervailing Duty Determination
Type: NOTICEVolume: 80Number: 97Pages: 28964 - 28966
Pages: 28964, 28965, 28966Docket number: [C-583-855]
FR document: [FR Doc. 2015-12277 Filed 5-19-15; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-583-855]
Certain Steel Nails From Taiwan: Final Negative Countervailing Duty Determination
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (the Department) determines that no countervailable subsidies are being provided to producers and exporters of certain steel nails (nails) from Taiwan. The period of investigation is January 1, 2013, through December 31, 2013.
DATES:
Effective Date: May 20, 2015.
FOR FURTHER INFORMATION CONTACT:
Joshua Morris or Dana Mermelstein, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1779 and (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is Mid Continent Steel & Wire, Inc. (the petitioner). This investigation covers 10 subsidy programs. In addition to the Taiwan Authorities (the TA), the respondents in this investigation are PT Enterprise, Inc. (PT Enterprise) and Quick Advance, Inc. (Quick Advance).
Case History
The following events have occurred since we published the Preliminary Determination on November 3, 2014.1
Footnotes:
1 See Certain Steel Nails From Taiwan: Preliminary Negative Countervailing DutyDetermination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 79 FR 65181 (November 3, 2014) ( Preliminary Determination ).
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We conducted verification of the TA's, PT Enterprise's, and Quick Advance's questionnaire responses from November 6 through November 13, 2014, and issued verification reports on December 4, 2014. PT Enterprise submitted a case brief on December 12, 2014. Petitioner submitted a rebuttal brief on December 17, 2014. No other parties submitted case or rebuttal briefs.
Scope of the Investigation
The product covered by this investigation is certain steel nails from Taiwan. For a full description of the scope of the investigation, see Appendix I to this notice.
Since the Preliminary Determination, several interested parties ( i.e., IKEA Supply AG, The Home Depot, Target Corporation, and the petitioner) commented on the scope of these investigations. The Department reviewed these comments and made certain changes. For further discussion, see the Issues and Decision Memorandum.2The scope in Appendix I reflects all modifications to the scope made by the Department for this final determination.
Footnotes:
2 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, "Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Steel Nails from Taiwan" (Issues and Decision Memorandum), which is dated concurrently with and is hereby adopted by this notice.
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. A list of subsidy programs and the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via the Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.
The total estimated net countervailable subsidy rates are:
| Company | Subsidy rate |
|---|---|
| PT Enterprise, Inc | 0.00 |
| Quick Advance, Inc | 0.00 |
Because the total estimated net countervailable subsidy rates are zero, we determine that countervailable subsidies are not being provided to producers or exporters of nails in Taiwan. We have not calculated an all-others rate pursuant to sections 705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act) because we have not reached an affirmative final determination. Because our final determination is negative, this proceeding is terminated in accordance with section 705(c)(2) of the Act.
In the Preliminary Determination, the total net countervailable subsidy rates for the individually examined respondents were zero or de minimis and, therefore, we did not suspend liquidation of entries of nails from Taiwan.3Because the estimated subsidy rates for both examined companies are zero in this final determination, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of nails from Taiwan.
Footnotes:
3 Preliminary Determination, 79 FR at 65181.
United States International Trade Commission (USITC) Notification
In accordance with section 705(d) of the Act, we will notify the USITC of our final determination. Because our final determination is negative, this investigation is terminated.
Return or Destruction of Proprietary Information
This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction 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 that is subject to sanction.
This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act.
Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is certain steel nails having a nominal shaft length not exceeding 12 inches.4Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. 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 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 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.
Footnotes:
4 The shaft length of certain steel 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 certain steel nails shall be measured overall.
Excluded from the scope of this investigation 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.
[top] Also excluded from the scope are certain steel 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 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)
Also excluded from the scope of this investigation are steel 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 this investigation are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this investigation 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 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 7317.00.10.00.
Certain steel nails subject to this investigation 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. Certain steel nails subject to this investigation also may be classified under HTSUS subheading 8206.00.00.00 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 Comments and Issues in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comment
Comment: Specificity of Grants Under the Energy Technology Program
VIII. Recommendation
[FR Doc. 2015-12277 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P