[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62542-62544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19628]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: 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 (steel nails) from the United Arab Emirates (UAE) would likely 
lead to continuation or recurrence of dumping and material injury to an 
industry in the United

[[Page 62543]]

States, Commerce is publishing a notice of continuation of the AD 
order.

DATES: Applicable August 31, 2023.

FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2517.

SUPPLEMENTARY INFORMATION: 

Background

    On May 10, 2012, Commerce published in the Federal Register the AD 
order on steel nails from the UAE.\1\ On September 1, 2022, the ITC 
instituted,\2\ and Commerce initiated the second sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\3\ As a result of its review, Commerce determined that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and, therefore, notified the ITC of the magnitude of the 
margins of dumping likely to prevail should the Order be revoked.\4\
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    \1\ See Certain Steel Nails from the United Arab Emirates: 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order).
    \2\ See Steel Nails from the United Arab Emirates; Institution 
of a Five-Year Review, 87 FR 53777 (September 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 
(September 1, 2022).
    \4\ See Certain Steel Nails from the United Arab Emirates: Final 
Results of the Expedited Second Sunset Review of the Antidumping 
Duty Order, 87 FR 80158 (December 29, 2022).
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    On August 31, 2023, 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 a 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 the United Arab Emirates, 88 FR 60240 
(August 31, 2023) (ITC Final Determination).
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Scope of the Order

    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. Certain 
steel 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, and 7317.00.75.
    Excluded from the scope of the Order are steel nails specifically 
enumerated and identified in ASTM Standard F 1667 (2011 revision) as 
Type I, Style 20 nails, whether collated or in bulk, and whether or not 
galvanized.
    Also excluded from the scope of the Order are the following 
products:
    <bullet> non-collated (i.e., hand-drive 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; 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;
    <bullet> non-collated (i.e., hand-drive or bulk), steel nails 
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;
    <bullet> wire collated steel nails, in coils, 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;
    <bullet> non-collated (i.e., hand-drive or bulk), 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;
    <bullet> corrugated nails. A corrugated nail is made of a small 
strip of corrugated steel with sharp points on one side;
    <bullet> thumb tacks, which are currently classified under HTSUS 
7317.00.10.00;
    <bullet> 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;
    <bullet> certain steel 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; 
and
    <bullet> 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 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 a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
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 August 
31, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
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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    \6\ See ITC Final Determination.
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return, destruction, or conversion to judicial 
protection order 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 is a violation 
of the APO which may be subject to sanctions.

[[Page 62544]]

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)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: September 6, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19628 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DS-P