Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 3965 

1See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Certain Steel Nails from India, 

Oman, Sri Lanka, Thailand, and Turkey,’’ dated 

December 30, 2021 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Certain Steel Nails from India, 

Sri Lanka, Thailand, and the Republic of Turkey 

and Countervailing Duties on Imports from the 

Sultanate of Oman: Supplemental Questions,’’ 

dated January 4, 2022 (General Issues 

Questionnaire); see also Country-Specific 

Supplemental Questionnaires: India Supplemental, 

Sri Lanka Supplemental, Thailand Supplemental, 

and Turkey Supplemental, dated January 4, 2022; 

Memorandum, ‘‘Petitions for the Imposition of 

Antidumping and Countervailing Duties on Imports 

of Certain Steel Nails from India, Sri Lanka, 

Thailand, and the Republic of Turkey and 

Countervailing Duties on Imports from the 

Sultanate of Oman: Phone Call with Counsel to the 

Petitioner,’’ dated January 7, 2022 (First Scope Call 

Memorandum); and Memorandum, ‘‘Petitions for 

the Imposition of Antidumping and Countervailing 

Duties on Imports of Certain Steel Nails from India, 

Sri Lanka, Thailand, and the Republic of Turkey 

and Countervailing Duties on Imports from the 

Sultanate of Oman: Phone Call with Counsel to the 

Petitioner,’’ dated January 13, 2022 (Second Scope 

Call Memorandum). 

DEPARTMENT OF COMMERCE 

Economic Development Administration 

Notice of Petitions by Firms for 

Determination of Eligibility To Apply 

for Trade Adjustment Assistance 

AGENCY: Economic Development 

Administration, Department of 

Commerce. 

ACTION: Notice and opportunity for 

public comment. 

SUMMARY: The Economic Development 

Administration (EDA) has received 

petitions for certification of eligibility to 

apply for Trade Adjustment Assistance 

from the firms listed below. 

Accordingly, EDA has initiated 

investigations to determine whether 

increased imports into the United States 

of articles like or directly competitive 

with those produced by each of the 

firms contributed importantly to the 

total or partial separation of the firms’ 

workers, or threat thereof, and to a 

decrease in sales or production of each 

petitioning firm. 

SUPPLEMENTARY INFORMATION: 

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT

ASSISTANCE

[12/1/2021 through 1/19/2022] 

Firm name Firm address 

Date 

accepted for 

investigation 

Product(s) 

Kerber Sheetmetal Works, Inc. 

d/b/a KSM Metal Fabrication.

104 Foss Way, Troy, OH 

45373.

1/13/2022 The firm manufactures miscellaneous metal parts and assemblies. 

Precise Tool & Die, Inc ........... 1711 Piper Road, Leechburg, 

PA 15656.

1/13/2022 The firm manufactures tools for pressing, stamping, or 

punching metal. 

Chicago Boiler Company ........ 1300 Northwestern Avenue, 

Gurnee, IL 60031.

1/18/2022 The firm manufactures steel tanks. 

RamRod Industries, LLC ......... 800 South Monroe Street, 

Spencer, WI 54479.

1/18/2022 The firm manufactures miscellaneous metal parts. 

Any party having a substantial 

interest in these proceedings may 

request a public hearing on the matter. 

A written request for a hearing must be 

submitted to the Trade Adjustment 

Assistance Division, Room 71030, 

Economic Development Administration, 

U.S. Department of Commerce, 

Washington, DC 20230, no later than ten 

(10) calendar days following publication 

of this notice. These petitions are 

received pursuant to section 251 of the 

Trade Act of 1974, as amended. 

Please follow the requirements set 

forth in EDA’s regulations at 13 CFR 

315.8 for procedures to request a public 

hearing. The Catalog of Federal 

Domestic Assistance official number 

and title for the program under which 

these petitions are submitted is 11.313, 

Trade Adjustment Assistance for Firms. 

Bryan Borlik, 

Director. 

[FR Doc. 2022–01505 Filed 1–25–22; 8:45 am] 

BILLING CODE 3510–WH–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–904, A–542–804, A–549–844, A–489– 

846] 

Certain Steel Nails From India, Sri 

Lanka, Thailand, and the Republic of 

Turkey: Initiation of Less-Than-FairValue Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 19, 2022. 

FOR FURTHER INFORMATION CONTACT: 

David Lindgren at (202) 482–1671 

(India); Allison Hollander at (202) 482– 

2805 (Sri Lanka); Laurel LaCivita at 

(202) 482–4243 (Thailand); Tara Moran 

at (202) 482–3619 (Turkey); AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Petitions 

On December 30, 2021, the 

Department of Commerce (Commerce) 

received antidumping duty (AD) 

petitions concerning imports of certain 

steel nails (steel nails) from India, Sri 

Lanka, Thailand, and the Republic of 

Turkey (Turkey) filed in proper form on 

behalf of Mid Continent Steel & Wire, 

Inc. (the petitioner), a domestic 

producer of steel nails.1 The Petitions 

were accompanied by countervailing 

duty (CVD) petitions concerning 

imports of steel nails from India, the 

Sultanate of Oman, Sri Lanka, Thailand, 

and Turkey.2

Between January 4 and 13, 2022, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions in separate 

supplemental questionnaires and phone 

calls.3 The petitioner filed responses to 


khammond on DSKJM1Z7X2PROD with NOTICES
3966 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 

4See Petitioner’s Letter, ‘‘Response to 

Supplemental Questions for the Petition for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Certain Steel Nails from India, 

Oman, Sri Lanka, Thailand, and Turkey,’’ dated 

January 10, 2022 (General Issues Supplement); see 

also Petitioner’s Country-Specific Supplemental 

Responses, dated January 10, 2022; and Petitioner’s 

Letter, ‘‘Response to Scope Questions for the 

Petition for the Imposition of Antidumping and 

Countervailing Duties on Imports of Certain Steel 

Nails from India, Oman, Sri Lanka, Thailand, and 

Turkey,’’ dated January 14, 2022 (Scope 

Supplement). 

5See infra, section titled ‘‘Determination of 

Industry Support for the Petitions.’’ 

6See General Issues Questionnaire; see also First 

Scope Call Memorandum; and Second Scope Call 

Memorandum. 

7See General Issues Supplement at Exhibit GEN– 

21; see also Second General Issues Supplement at 

Exhibit GEN–24. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

the supplemental questionnaires on 

January 10 and 14, 2022.4

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of steel nails from India, Sri Lanka, 

Thailand, and Turkey are being, or are 

likely to be, sold in the United States at 

less than fair value (LTFV) within the 

meaning of section 731 of the Act, and 

that imports of such products are 

materially injuring, or threatening 

material injury to, the steel nail industry 

in the United States. Consistent with 

section 732(b)(1) of the Act, the 

Petitions are accompanied by 

information reasonably available to the 

petitioner supporting its allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested LTFV investigations.5

Periods of Investigation 

Because the Petitions were filed on 

December 30, 2021, the period of 

investigation (POI) for these LTFV 

investigations is October 1, 2020, 

through September 30, 2021, pursuant 

to 19 CFR 351.204(b)(1). 

Scope of the Investigations 

The products covered by these 

investigations are steel nails from India, 

Sri Lanka, Thailand, and Turkey. For a 

full description of the scope of these 

investigations, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

On January 4, 7, and 13, 2022, 

Commerce requested further 

information from the petitioner 

regarding the proposed scope, to ensure 

that the scope language in the Petitions 

is an accurate reflection of the products 

for which the domestic industry is 

seeking relief.6 On January 10 and 14, 

2022, the petitioner revised the scope.7

The description of the merchandise 

covered by these investigations, as 

described in the appendix to this notice, 

reflects these clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).8 Commerce will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determinations. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on February 8, 

2022, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on February 18, 2022, 

which is ten calendar days from the 

initial comment deadline. 

Commerce requests that any factual 

information that parties consider 

relevant to the scope of these 

investigations be submitted during this 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of these 

investigations may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed on the records of each of the 

concurrent AD and CVD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically via Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.10 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date on which it is due. 

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of steel nails to be reported in response 

to Commerce’s AD questionnaires. This 

information will be used to identify the 

key physical characteristics of the 

subject merchandise in order to report 

the relevant costs of production 

accurately, as well as to develop 

appropriate product-comparison 

criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) General 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

steel nails, it may be that only a select 

few product characteristics take into 

account commercially meaningful 

physical characteristics. In addition, 

interested parties may comment on the 

order in which the physical 

characteristics should be used in 

matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on February 8, 

2022, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments must be filed by 5:00 

p.m. ET on February 18, 2021, which is 

10 calendar days from the initial 

comment deadline. All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of each 

of the LTFV investigations. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 3967 

11See section 771(10) of the Act. 

12See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

13See Petitions at Volume I at 13–15 and Exhibit 

GEN–3; see also General Issues Supplement at 7– 

10. 14For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Antidumping Duty 

Investigation Initiation Checklists: Certain Steel 

Nails from India, Sri Lanka, Thailand, and the 

Republic of Turkey (Country-Specific AD Initiation 

Checklists) at Attachment II, Analysis of Industry 

Support for the Antidumping and Countervailing 

Duty Petitions Covering Certain Steel Nails from 

India, the Sultanate of Oman, Sri Lanka, Thailand, 

and the Republic of Turkey (Attachment II). These 

checklists are dated concurrently with this notice 

and on file electronically via ACCESS. 

15See Petitions at Volume I at 3–4 and Exhibit 

GEN–1. 

16See Petitions at Volume I at 3–4 and Exhibit 

GEN–1; see also General Issues Supplement at 6. 

17See Petitions at Volume I at 3–4 and Exhibit 

GEN–1. 

18See Petitions at Volume I at 3–4 and Exhibit 

GEN–1; see also General Issues Supplement at 6. 

For further discussion, see Attachment II of the 

Country-Specific AD Initiation Checklists. 

19See Attachment II of the Country-Specific AD 

Initiation Checklists. 

20See Attachment II of the Country-Specific AD 

Initiation Checklists; see also section 732(c)(4)(D) of 

the Act. 21See Attachment II of the Country-Specific AD 

Initiation Checklists. 22 Id. 23 Id. 24See Petitions at Volume I at 17–19 and Exhibit 

GEN–9. 25See Petitions at Volume I at 19–21, 25–40 and 

Exhibits GEN–1, GEN–3, GEN–8, and GEN–11 

through GEN–20. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,11 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.12

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.13 Based on our analysis 

of the information submitted on the 

record, we have determined that steel 

nails, as defined in the scope, constitute 

a single domestic like product, and we 

have analyzed industry support in terms 

of that domestic like product.14

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided the 2020 

production of the domestic like product 

for the U.S. producers that support the 

Petitions.15 The petitioner estimated the 

production of the domestic like product 

for the remaining U.S. producers of steel 

nails based on its knowledge of the 

industry and production capabilities 

and market shares of U.S. producers.16

The petitioner then compared the total 

production of the supporters of the 

Petitions to the estimated total 

production of the domestic like product 

for the entire domestic industry.17 We 

relied on data provided by the petitioner 

for purposes of measuring industry 

support.18

Our review of the data provided in the 

Petitions, the General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioner has established 

industry support for the Petitions.19

First, the Petitions established support 

from domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).20 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.21 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.22 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.23

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.24

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant and 

increasing volume of subject imports; 

reduced market share; decline in U.S. 

shipments and production and low level 

capacity utilization; underselling and 

price depression and/or suppression; 

adverse impact on employment 

variables; lost sales and revenues; and 

declining profitability.25 We assessed 

the allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, as well as 

negligibility, and we have determined 

that these allegations are properly 


khammond on DSKJM1Z7X2PROD with NOTICES
3968 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 

26See Country-Specific AD Initiation Checklists 

at Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Certain Steel Nails from India, the 

Sultanate of Oman, Sri Lanka, Thailand, and the 

Republic of Turkey (Attachment III). 

27See Country-Specific AD Initiation Checklists. 

28 In accordance with section 773(b)(2) of the Act, 

for these investigations, Commerce will request 

information necessary to calculate the CV and cost 

of production (COP) to determine whether there are 

reasonable grounds to believe or suspect that sales 

of the foreign like product have been made at prices 

that represent less than the COP of the product. 

29See Country-Specific AD Initiation Checklists. 

30 Id. 

31 Id. 

32 Id. 

33 Id. 

34 Id. 

35See Petitions at Volume I at Exhibit GEN–6. 

36See Memoranda, ‘‘Antidumping Duty Petition 

on Imports of Certain Steel Nails from India: 

Release of U.S. Customs and Border Protection 

Data’’; ‘‘Antidumping Duty Petition on Imports of 

Certain Steel Nails from Sri Lanka: Release of U.S. 

Customs and Border Protection Data’’; 

‘‘Antidumping Duty Petition on Imports of Certain 

Steel Nails from Thailand: Release of U.S. Customs 

and Border Protection Data’’; and ‘‘Antidumping 

Duty Petition on Imports of Certain Steel Nails from 

Turkey: Release of U.S. Customs and Border 

Protection Data,’’ dated January 14, 2022. 

supported by adequate evidence, and 

meet the statutory requirements for 

initiation.26

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

these LTFV investigations of imports of 

steel nails from India, Sri Lanka, 

Thailand, and Turkey. The sources of 

data for the deductions and adjustments 

relating to U.S. price and normal value 

(NV) are discussed in greater detail in 

the country-specific AD Initiation 

Checklists. 

U.S. Price 

For India, Sri Lanka, Thailand, and 

Turkey, the petitioner established 

export prices (EPs) based on the average 

unit value of publicly available import 

data. To calculate an ex-factory, net EP, 

the petitioner then deducted expenses 

associated with inland freight and 

brokerage and handling costs incurred 

within each respective country.27

Normal Value Based on Constructed 

Value 28

For India, Sri Lanka, Thailand, and 

Turkey, the petitioner stated it was 

unable to obtain home-market or thirdcountry prices for steel nails to use as 

a basis for NV. Therefore, for each 

country, the petitioner calculated NV 

based on constructed value (CV).29

Pursuant to section 773(e) of the Act, 

the petitioner calculated CV as the sum 

of the cost of manufacturing, selling, 

general, and administrative expenses, 

financial expenses, and profit.30 For 

India, Sri Lanka, Thailand, and Turkey, 

in calculating the cost of manufacturing, 

the petitioner relied on its own 

production experience and input 

consumption rates as a U.S. steel nail 

producer, valued using publicly 

available information applicable to each 

respective subject country.31 With 

respect to India and Sri Lanka, in 

calculating selling, general, and 

administrative expenses, financial 

expenses, and profit ratios (where 

applicable), the petitioner relied on the 

2020 financial statements of an Indian 

steel nails producer.32 For Thailand and 

Turkey, in calculating selling, general, 

and administrative expenses, financial 

expenses, and profit ratios (where 

applicable), the petitioner relied upon 

the 2020 financial statements of 

producer of comparable merchandise 

domiciled in each respective subject 

country.33

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of steel nails from India, Sri 

Lanka, Thailand, and Turkey are being, 

or are likely to be, sold in the United 

States at LTFV. Based on comparisons 

of EP to CV in accordance with section 

773 of the Act, the estimated dumping 

margins for steel nails concerning each 

of the countries covered by this 

initiation are as follows: (1) India— 

66.53 to 99.43 percent; (2) Sri Lanka— 

35.50 to 104.13 percent; (3) Thailand— 

64.44 to 65.87 percent; and (4) Turkey— 

28.94 to 33.03 percent.34

Initiation of LTFV Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating these LTFV investigations 

to determine whether imports of steel 

nails from India, Sri Lanka, Thailand, 

and Turkey are being, or are likely to be, 

sold in the United States at LTFV. In 

accordance with section 733(b)(1)(A) of 

the Act and 19 CFR 351.205(b)(1), 

unless postponed, we will make our 

preliminary determinations no later 

than 140 days after the date of this 

initiation. 

Respondent Selection 

In the Petitions, the petitioner 

identified 11 companies in India, five 

companies in Sri Lanka, five companies 

in Thailand, and six companies in 

Turkey, as producers and/or exporters 

of steel nails.35

Following standard practice in LTFV 

investigations involving market 

economy countries, in the event that 

Commerce determines that the number 

of exporters or producers in any 

individual case is large such that 

Commerce cannot individually examine 

each company based upon its resources, 

where appropriate, Commerce intends 

to select mandatory respondents in that 

case based on U.S. Customs and Border 

Protection (CBP) data for U.S. imports 

under the appropriate Harmonized 

Tariff Schedule of the United States 

subheadings listed in the ‘‘Scope of the 

Investigations,’’ in the appendix. 

On January 14, 2022, Commerce 

released CBP data on imports of steel 

nails from India, Sri Lanka, Thailand, 

and Turkey under administrative 

protective order (APO) to all parties 

with access to information protected by 

APO and indicated that interested 

parties wishing to comment on the CBP 

data must do so within three business 

days after the publication date of the 

notice of initiation of these 

investigations.36 Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://enforcement.trade.gov/apo. 

Comments on CBP data and 

respondent selection must be filed 

electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. 

Distribution of Copies of the AD 

Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the AD Petitions have been provided 

to the governments of India, Sri Lanka, 

Thailand, and Turkey via ACCESS. To 

the extent practicable, we will attempt 

to provide a copy of the public version 

of the AD Petitions to each exporter 

named in the AD Petitions, as provided 

under 19 CFR 351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the AD Petitions were filed, whether 

there is a reasonable indication that 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 3969 

37See section 733(a) of the Act. 

38 Id. 

39See 19 CFR 351.301(b). 

40See 19 CFR 351.301(b)(2). 

41See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013), available at http://www.gpo.gov/fdsys/pkg/ 

FR-2013-09-20/html/2013-22853.htm. 

42See section 782(b) of the Act. 

43See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

44See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

imports of steel nails from India, Sri 

Lanka, Thailand, and/or Turkey are 

materially injuring, or threatening 

material injury to, a U.S. industry.37 A 

negative ITC determination for any 

country will result in the investigation 

being terminated with respect to that 

country.38 Otherwise, these LTFV 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 39 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.40 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a PMS exists 

under section 773(e) of the Act, then it 

will modify its dumping calculations 

appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), set a deadline 

for the submission of PMS allegations 

and supporting factual information. 

However, in order to administer section 

773(e) of the Act, Commerce must 

receive PMS allegations and supporting 

factual information with enough time to 

consider the submission. Thus, should 

an interested party wish to submit a 

PMS allegation and supporting new 

factual information pursuant to section 

773(e) of the Act, it must do so no later 

than 20 days after submission of a 

respondent’s initial section D 

questionnaire response. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in a 

letter or memorandum of the deadline 

(including a specified time) by which 

extension requests must be filed to be 

considered timely. An extension request 

must be made in a separate, stand-alone 

submission; under limited 

circumstances we will grant untimely 

filed requests for the extension of time 

limits. Parties should review 

Commerce’s regulations concerning 

factual information prior to submitting 

factual information in these 

investigations.41

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.42

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).43 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by the filing a letter of 

appearance as discussed). Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.44

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: January 19, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Scope of the Investigations 

The merchandise covered by these 

investigations is certain steel nails having a 

nominal shaft or shank 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 or 

long-rolled flat steel bars. Certain steel nails 

may be of one piece construction or 

constructed of two or more pieces. Examples 

of nails constructed of two or more pieces 

include, but are not limited to, anchors 

comprised of an anchor body made of zinc 

or nylon and a steel pin or a steel nail; crimp 

drive anchors; split-drive anchors, and strike 

pin anchors. Also included in the scope are 

anchors of one piece construction. 

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 or shaft 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, 


khammond on DSKJM1Z7X2PROD with NOTICES
3970 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 

1See Petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties Pursuant to Sections 701 and 731 of the 

Tariff Act of 1930, as Amended, on Behalf of Mid 

Continent Steel & Wire, Inc.,’’ dated December 30, 

2021 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated January 4, 2022 (General Issues 

Questionnaire); ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from India: Supplemental Questions,’’ dated 

January 4, 2022; ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from Sri Lanka: Supplemental Questions,’’ 

dated January 4, 2022; ‘‘Petition for the Imposition 

of Countervailing Duties on Imports of Certain Steel 

Nails from the Republic of Turkey: Supplemental 

Questions,’’ dated January 4, 2022; ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

Certain Steel Nails from Oman: Supplemental 

Questions,’’ dated January 5, 2022; ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

Certain Steel Nails from Thailand: Supplemental 

Questions,’’ dated January 5, 2022; ‘‘Phone Call 

with Counsel to the Petitioner,’’ dated January 7, 

2022 (First Scope Call Memorandum); ‘‘Petition for 

the Imposition of Countervailing Duties on Imports 

of Certain Steel Nails from Thailand: Second 

Supplemental Questionnaire,’’ dated January 7, 

2022; ‘‘Petition for the Imposition of Countervailing 

Duties on Imports of Certain Steel Nails from the 

Republic of Turkey: Supplemental Questions,’’ 

dated January 10, 2022; ‘‘Petition for the Imposition 

of Countervailing Duties on Imports of Certain Steel 

Nails from Sri Lanka: Additional Supplemental 

Questions,’’ January 12, 2022; ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

Certain Steel Nails from Thailand: Third 

Supplemental Questionnaire,’’ dated January 12, 

2022; ‘‘Phone Call with Counsel to the Petitioner,’’ 

dated January 13, 2022 (Second Scope Call 

Memorandum); and ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from the Republic of Turkey: Supplemental 

Questions,’’ dated January 18, 2022. 4See Petitioner’s Letters, ‘‘Response to 

Supplemental Questions for the Petition for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Certain Steel Nails from India, 

Oman, Sri Lanka, Thailand, and Turkey,’’ dated 

January 10, 2022 (First General Issues Supplement); 

‘‘Response to Supplemental Questions—the Petition 

for the Imposition of Countervailing Duties on 

Imports of Certain Steel Nails from India,’’ dated 

January 10, 2022; ‘‘Response to Supplemental 

Questions—the Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from Turkey,’’ dated January 10, 2022; 

‘‘Response to Supplemental Questions—the Petition 

for the Imposition of Countervailing Duties on 

Imports of Certain Steel Nails from Thailand,’’ 

dated January 10, 2022; ‘‘Response to Second 

Supplemental Questions—the Petition for the 

Imposition of Countervailing Duties on Imports of 

Certain Steel Nails from Thailand,’’ dated January 

11, 2022; ‘‘Response to Third Supplemental 

Questionnaire—the Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from Thailand,’’ dated January 13, 2022; 

‘‘Response to Second Supplemental 

Questionnaire—the Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from Turkey,’’ dated January 13, 2022; 

‘‘Response to Scope Questions for the Petition for 

the Imposition of Antidumping and Countervailing 

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. 

Excluded from the scope 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. 

Also excluded from the scope are certain 

steel nails with a nominal shaft or shank 

length of one inch or less that are a 

component of an unassembled article, where 

the total number of nails is sixty (60) or less, 

and 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) 

medical, surgical, dental or veterinary 

furniture; and (ii) barbers’ chairs and similar 

chairs, having rotating as well as both 

reclining and elevating movements); or (8) 

furniture (other than seats) of materials other 

than wood, metal, or plastics (e.g., furniture 

of cane, osier, bamboo or similar materials). 

The aforementioned imported unassembled 

articles are currently classified under the 

following Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings: 4418.10, 

4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 

9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 

9403.60, 9403.81 or 9403.89. 

Also excluded from the scope of these 

investigations are nails suitable for use in 

powder-actuated hand tools, whether or not 

threaded, which are currently classified 

under HTSUS subheadings 7317.00.2000 and 

7317.00.3000. 

Also excluded from the scope of these 

investigations are nails suitable for use in 

gas-actuated hand tools. These nails have 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 reduceddiameter raised head section, a centered 

shank, and a smooth symmetrical point. 

Also excluded from the scope of these 

investigations 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 these 

investigations are thumb tacks, which are 

currently classified under HTSUS 

subheading 7317.00.1000. 

Also excluded from the scope are 

decorative or upholstery tacks. 

Certain steel nails subject to these 

investigations are currently classified under 

HTSUS subheadings 7317.00.5501, 

7317.00.5502, 7317.00.5503, 7317.00.5505, 

7317.00.5507, 7317.00.5508, 7317.00.5511, 

7317.00.5518, 7317.00.5519, 7317.00.5520, 

7317.00.5530, 7317.00.5540, 7317.00.5550, 

7317.00.5560, 7317.00.5570, 7317.00.5580, 

7317.00.5590, 7317.00.6530, 7317.00.6560 

and 7317.00.7500. Certain steel nails subject 

to these investigations also may be classified 

under HTSUS subheadings 7318.15.5060, 

7318.15.5090, 7907.00.6000, 8206.00.0000 or 

other HTSUS subheadings. While the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the scope of these 

investigations is dispositive. 

[FR Doc. 2022–01494 Filed 1–25–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–905, C–523–817, C–542–805, C–549– 

845, C–489–847] 

Certain Steel Nails From India, the 

Sultanate of Oman, Sri Lanka, 

Thailand, and the Republic of Turkey: 

Initiation of Countervailing Duty 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 19, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Coen (India); Thomas Martin 

(the Sultanate of Oman); Nathan James 

(Sri Lanka); Charles Doss (Thailand); or 

Benjamin Luberda (the Republic of 

Turkey), AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3251; 

(202) 482–3936; (202) 482–5305; (202) 

482–4474; or (202) 482–2185, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Petitions 

On December 30, 2021, the U.S. 

Department of Commerce (Commerce) 

received countervailing duty (CVD) 

petitions concerning imports of certain 

steel nails (steel nails) from India, the 

Sultanate of Oman (Oman), Sri Lanka, 

Thailand, and the Republic of Turkey 

(Turkey), filed in proper form on behalf 

of Mid Continent Steel & Wire, Inc. (the 

petitioner), a domestic producer of steel 

nails.1 The Petitions were accompanied 

by antidumping duty (AD) petitions 

concerning imports of steel nails from 

India, Sri Lanka, Thailand, and Turkey.2

Between January 4 and 18, 2022, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions.3 The petitioner filed 

responses to these requests between 

January 10 and 19, 2022.4


khammond on DSKJM1Z7X2PROD with NOTICES