[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Notices]
[Pages 61730-61731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30400]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-826]


Notice of Antidumping Duty Order and Amended Final Determination 
of Sales at Less Than Fair Value: Collated Roofing Nails From Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 19, 1997.

FOR FURTHER INFORMATION CONTACT: Everett D. Kelly or Brian Smith, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4194 or (202) 482-1766, 
respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department regulations are to 
19 CFR part 353, as codified on April 1, 1997.

Amended Final Determination

    In accordance with section 735(a) of the Tariff Act of 1930, on 
September 24, 1997, the Department made its final determination that 
collated roofing nails (``CRN'') from Taiwan are being, or are likely 
to be, sold in the United States at less than fair value (62 FR 51427-
51437 (October 1, 1997)). Subsequent to the final determination, on 
October 10 and 14, 1997, we received submissions, timely filed pursuant 
to 19 CFR 353.28(b), from Unicatch Industrial Co. Ltd. (``Unicatch''), 
Lei Chu Enterprises Co., Ltd (``Lei Chu''), and S&J Wire Products 
Company, Ltd. (``S&J''), alleging ministerial errors in the 
Department's final determination for these respondents. We also 
received submissions from Paslode Division Of Illinois Tool Works Inc. 
(``the petitioner'') alleging ministerial errors in the Department's 
final determination for S&J and Lei Chu.
    We determine that ministerial errors were made in our final margin 
calculations for Lei Chu with respect to calculation of SG&A and 
profit, for Unicatch with respect to calculation of constructed export 
price, and for S&J with respect to exclusion of certain sales, 
calculation of normal value and exclusion of non-subject merchandise. 
For a detailed discussion of the above-cited ministerial errors and the 
Department's analysis, see Memorandum from Case Analysts to Louis 
Apple, dated October 22, 1997. In accordance with 19 CFR 353.28(c), we 
are amending the final determination of the antidumping duty 
investigation of CRN from Taiwan to correct these ministerial errors. 
The revised final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Revised 
 Manufacturer/producer/exporter   Original margin percentage    margin  
                                                              percentage
------------------------------------------------------------------------
Unicatch Industrial Co. Ltd....  0.00.......................       0.00 
Lei Chu Enterprises Co., Ltd,    0.07 (De Minimis)..........       0.00 
 S&J Wire Products Company,                                             
 Ltd./.                                                                 
New Lan Lung...................  5.36.......................       2.98 
Romp Coil Nail Industries......  40.28......................      40.28 
K. Ticho.......................  40.28......................      40.28 
All Others.....................  5.36.......................       2.98 
------------------------------------------------------------------------

Scope of Order

    The product covered by this investigation is CRN made of steel, 
having a length of 13/16 inch to 1-13/16 inches (or 20.64 to 46.04 
millimeters), a head diameter of 0.330 inch to 0.415 inch (or 8.38 to 
10.54 millimeters), and a shank diameter of 0.100 inch to 0.125 inch 
(or 2.54 to 3.18 millimeters), whether or not galvanized, that are 
collated with two wires.
    CRN within the scope of this investigation are classifiable under 
the Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 7317.00.55.06. Although the HTSUS subheadings are provided 
for convenience and customs purposes, our written description of the 
scope of this investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department made 
its final determination that CRN from Taiwan are being sold at less 
than fair value. On November 12, 1997, the International Trade 
Commission (``ITC'') notified the Department of its final 
determination, pursuant to section 735(b)(1)(A)(ii) of the Act, that an 
industry in the United States is threatened with material injury by 
reason of imports of the subject merchandise from Taiwan. The ITC did 
not determine, pursuant to section 735(b)(4)(B) of the Act, that, but 
for the suspension of liquidation of entries of the subject 
merchandise, the domestic industry would have been materially injured.
    When the ITC finds threat of material injury, and makes a negative 
``but for'' finding under section 735 (b)(4)(B) of the Act, the 
``Special Rule'' provision of section 736(b)(2) applies. Therefore, 
only unliquidated entries of collated roofing nails from Taiwan 
entered, or

[[Page 61731]]

withdrawn from warehouse, for consumption on or after the date on which 
the ITC published its notice of final determination of threat of 
material injury in the Federal Register are liable for the assessment 
of antidumping duties. Accordingly, the Department will direct the 
Customs Service to terminate the suspension of liquidation for entries 
of collated roofing nails imported from Taiwan entered, or withdrawn 
from warehouse, for consumption before the date on which the ITC 
published its notice of final determination of threat of material 
injury in the Federal Register, and to release any bond or other 
security, and refund any cash deposit, posted to secure the payment of 
estimated antidumping duties with respect to these entries.
    In accordance with section 736 of the Act, the Department will 
direct United States Customs officers to assess, upon further advice by 
the administering authority pursuant to section 736(a)(1) of the Act, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price or constructed export price of 
merchandise for all relevant entries of CRN from Taiwan except for 
imports manufactured and exported by Unicatch or Lei Chu. All bonds may 
be released and entries of Unicatch and Lei Chu may be liquidated 
without regard to antidumping duties. For all other manufacturers/
exporters antidumping duties will be assessed on all unliquidated 
entries of CRN from Taiwan entered, or withdrawn from warehouse, for 
consumption on or after the date on which the ITC published its final 
affirmative determination notice in the Federal Register. On or after 
the date of publication of this notice in the Federal Register, U.S. 
Customs officers must require, at the same time as importers would 
normally deposit estimated duties, the following cash deposits for the 
subject merchandise:
    The ad valorem weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Revised 
                                                               weighted-
               Manufacturer/producer/exporter                   average 
                                                                margin  
                                                              percentage
------------------------------------------------------------------------
S&J Wire Products Company, Ltd./New Lan Lung................       2.98 
Romp Coil Nail Industries...................................      40.28 
K. Ticho....................................................      40.28 
All Others..................................................       2.98 
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
CRN from Taiwan, pursuant to section 736 (a) of the Act. Interested 
parties may contact the Central Records Unit, Room B-099 of the Main 
Commerce Building, for copies of an updated list of antidumping duty 
orders currently in effect.
    This order is published pursuant to section 736 (a) of the Act (19 
USC 1673e (a)) and 19 CFR 353.21.

    Dated: November 17, 1997.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-30400 Filed 11-18-97; 8:45 am]
BILLING CODE 3510-DS-P