[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3622-3623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01138]



[[Page 3622]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-516-519 and 521 and 731-TA-1252-1255 and 
1257 (Final)]


Certain Steel Nails From Korea, Malaysia, Oman, Taiwan, and 
Vietnam; Scheduling of the Final Phase of Countervailing Duty and 
Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-516-519 and 521 and 731-TA-1252-1255 and 1257 (Final) under 
sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 
1671d(b) and 1673d(b)) (the Act) to determine whether an industry in 
the United States is materially injured or threatened with material 
injury, or the establishment of an industry in the United States is 
materially retarded, by reason of subsidized and less-than-fair-value 
imports from Korea, Malaysia, Oman, Taiwan, and Vietnam of certain 
steel nails, provided for in subheading 7317.00.55, 7317.00.65 and 
7317.00.75 of the Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``certain steel 
nails having a nominal shaft length not exceeding 12 inches. Certain 
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. 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.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: Monday, December 29, 2014.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187, 
<a href="/cdn-cgi/l/email-protection#b3d5c1d6d79dc1c6d4d4dfd6c0f3c6c0dac7d09dd4dcc5"><span class="__cf_email__" data-cfemail="97f1e5f2f3b9e5e2f0f0fbf2e4d7e2e4fee3f4b9f0f8e1">[email protected]</span></a>), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov). The public record 
for these investigations may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in Vietnam of 
certain steel nails, and that such products from Korea, Malaysia, Oman, 
and Vietnam are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in a petition filed on May 29, 2014, by 
Mid Continent Nail Corporation (Poplar Bluff, MO).
    Although the Department of Commerce has preliminarily determined 
that imports of certain steel nails from Taiwan are not being and are 
not likely to be sold in the United States at less than fair value and 
that imports of certain steel nails from Korea, Malaysia, Oman and 
Taiwan are not being subsidized, for purposes of efficiency the 
Commission hereby waives rule 207.21(b) \2\ so that the final phase of 
these investigations may proceed concurrently in the event that 
Commerce makes final affirmative determinations with respect to such 
imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on 
Wednesday, April 29, 2015, and a public version will be issued 
thereafter, pursuant to section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
May 14, 2015, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before Friday, May 8, 2015. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Tuesday, May 12, 2015, at the

[[Page 3623]]

U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is Wednesday, May 6, 2015. Parties may 
also file written testimony in connection with their presentation at 
the hearing, as provided in section 207.24 of the Commission's rules, 
and posthearing briefs, which must conform with the provisions of 
section 207.25 of the Commission's rules. The deadline for filing 
posthearing briefs is Thursday, May 21, 2015. In addition, any person 
who has not entered an appearance as a party to the investigations may 
submit a written statement of information pertinent to the subject of 
the investigations, including statements of support or opposition to 
the petition, on or before Thursday, May 21, 2015. On Wednesday, June 
10, 2015, the Commission will make available to parties all information 
on which they have not had an opportunity to comment. Parties may 
submit final comments on this information on or before Friday, June 12, 
2015, but such final comments must not contain new factual information 
and must otherwise comply with section 207.30 of the Commission's 
rules. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
BPI must also conform with the requirements of sections 201.6, 207.3, 
and 207.7 of the Commission's rules. The Commission's Handbook on E-
Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to 
electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: January 20, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-01138 Filed 1-22-15; 8:45 am]
BILLING CODE 7020-02-P


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