MESSAGE NO: 8171202 DATE: 6/19/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-520-802

PERIOD COVERED: 01/23/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQ. INST. FOR THE FINAL DETERMINATION OF CERTAIN STEEL, NAILS FROM
THE UNITED ARAB EMIRATES (A-520-802)

1\. ON JUNE 16, 2008, THE DEPARTMENT OF COMMERCE PUBLISHED

IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT NOT

LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF

CERTAIN STEEL NAILS FROM THE UNITED ARAB EMIRATES.

2\. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCTS COVERED ARE

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 THIS

PROCEEDING 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 THIS PROCEEDING

ARE CURRENTLY CLASSIFIED UNDER THE HARMONIZED TARIFF SCHEDULE OF

THE UNITED STATES (HTSUS) SUBHEADINGS 7317.00.55, 7317.00.65 AND

7317.00.75.

EXCLUDED FROM THE SCOPE OF THIS PROCEEDING ARE 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. ALSO EXCLUDED FROM THE SCOPE OF THIS

PROCEEDING 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 THIS PROCEEDING 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 THIS PROCEEDING

ARE THUMB TACKS, WHICH ARE CURRENTLY CLASSIFIED UNDER HTSUS

7317.00.10.00. ALSO EXCLUDED FROM THE SCOPE OF THIS PROCEEDING

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 THIS PROCEEDING 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,

THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS

DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED

INVESTIGATION NUMBER A-520-802.

4\. THE DEPARTMENT OF COMMERCE FOUND THAT A DE MINIMIS MARGIN

OF 0.00 PERCENT EXISTS WITH RESPECT TO CERTAIN STEEL NAILS FROM

THE UNITED ARAB EMIRATES. ACCORDINGLY, CBP IS DIRECTED TO

TERMINATE THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF

CERTAIN STEEL NAILS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION ON OR AFTER 01/23/2008, AND TO RELEASE ANY BOND OR

OTHER SECURITY, AND REFUND ANY CASH DEPOSIT. INTEREST

PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT

APPLY.

5\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIES OF MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR CONSUMPTION ON OR AFTER 01/23/2008, OCCURRED WITH THE

PUBLICATION OF THE NOTICE OF FINAL DETERMINATION OF

INVESTIGATION (73 FR 33985, 06/16/08).

6\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATED BY G1O2:KJ).

7\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE