[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 3965-3970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01494]


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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-Fair-Value 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\
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    \1\ See 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.
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    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

[[Page 3966]]

the supplemental questionnaires on January 10 and 14, 2022.\4\
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    \3\ See 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).
    \4\ See 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).
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    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\
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    \5\ See infra, section titled ``Determination of Industry 
Support for the Petitions.''
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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.
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    \6\ See General Issues Questionnaire; see also First Scope Call 
Memorandum; and Second Scope Call Memorandum.
    \7\ See General Issues Supplement at Exhibit GEN-21; see also 
Second General Issues Supplement at Exhibit GEN-24.
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    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.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    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.
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    \10\ See 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.
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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.

[[Page 3967]]

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\
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    \11\ See section 771(10) of the Act.
    \12\ See 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)).
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    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\
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    \13\ See Petitions at Volume I at 13-15 and Exhibit GEN-3; see 
also General Issues Supplement at 7-10.
    \14\ For 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.
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    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\
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    \15\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
    \16\ See Petitions at Volume I at 3-4 and Exhibit GEN-1; see 
also General Issues Supplement at 6.
    \17\ See Petitions at Volume I at 3-4 and Exhibit GEN-1.
    \18\ See 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.
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    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\
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    \19\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \20\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \21\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \22\ Id.
    \23\ Id.
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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\
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    \24\ See Petitions at Volume I at 17-19 and Exhibit GEN-9.
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    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

[[Page 3968]]

supported by adequate evidence, and meet the statutory requirements for 
initiation.\26\
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    \25\ See Petitions at Volume I at 19-21, 25-40 and Exhibits GEN-
1, GEN-3, GEN-8, and GEN-11 through GEN-20.
    \26\ See 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).
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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\
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    \27\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value \28\
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    \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.
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    For India, Sri Lanka, Thailand, and Turkey, the petitioner stated 
it was unable to obtain home-market or third-country 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\
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    \29\ See Country-Specific AD Initiation Checklists.
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    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\
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    \30\ Id.
    \31\ Id.
    \32\ Id.
    \33\ Id.
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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\
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    \34\ Id.
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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\
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    \35\ See Petitions at Volume I at Exhibit GEN-6.
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    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.
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    \36\ See 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.
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    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

[[Page 3969]]

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.
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    \37\ See section 733(a) of the Act.
    \38\ Id.
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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.
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    \39\ See 19 CFR 351.301(b).
    \40\ See 19 CFR 351.301(b)(2).
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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\
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    \41\ See 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.
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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.
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    \42\ See section 782(b) of the Act.
    \43\ See 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.
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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\
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    \44\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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,

[[Page 3970]]

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 reduced-diameter 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