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


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Duties on Imports of Certain Steel Nails from India, 

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

January 14, 2022 (Scope Supplement); ‘‘Response to 

Second Supplemental Questionnaire—the Petition 

for the Imposition of Countervailing Duties on 

Imports of Certain Steel Nails from Sri Lanka,’’ 

dated January 14, 2022; and ‘‘Response to Third 

Supplemental Questions—the Petition for the 

Imposition of Countervailing Duties on Imports of 

Certain Steel Nails from Turkey,’’ dated January 19, 

2022. 

5See ‘‘Determination of Industry Support for the 

Petitions’’ section, infra. 

6See 19 CFR 351.204(b)(2). 

7See General Issues Questionnaire; see also First 

Scope Call Memorandum; and Second Scope Call 

Memorandum. 

8See General Issues Supplement at Exhibit GEN– 

21; see also Scope Supplement at Exhibit GEN–24. 

9See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27323 (May 19, 1997) (Preamble). 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See 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 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. 

12See Commerce’s Letters, ‘‘Countervailing Duty 

Petition on Certain Steel Nails from Sri Lanka; 

Invitation for Consultations to Discuss the 

Countervailing Duty Petition,’’ dated January 4, 

2022; ‘‘Countervailing Duty Petition on Certain 

Steel Nails from the Republic of Turkey; Invitation 

for Consultations to Discuss the Countervailing 

Duty Petition,’’ dated January 4, 2022; 

‘‘Countervailing Duty Petition on Certain Steel 

Nails from India; Invitation for Consultations to 

Discuss the Countervailing Duty Petition,’’ dated 

January 5, 2022; ‘‘Countervailing Duty Petition on 

Certain Steel Nails from Thailand,’’ dated January 

5, 2022; and ‘‘Countervailing Duty Petition on 

Certain Steel Nails from the Sultanate of Oman: 

Invitation for Consultations to Discuss the 

Countervailing Duty Petition,’’ dated January 10, 

2022. 

13See Memoranda, ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from Thailand: Teleconference Consultations 

with the Royal Thai Government,’’ dated January 

12, 2022; ‘‘Countervailing Duty Petition on Certain 

Steel Nails from the Sultanate of Oman: 

Consultations with Officials from the Government 

of the Sultanate of Oman,’’ dated January 14, 2022; 

‘‘Certain Steel Nails from Turkey: Government of 

Turkey Consultations,’’ dated January 14, 2022; 

‘‘Consultations with the Government of Sri Lanka 

on the Countervailing Duty Petition Regarding 

Certain Steel Nails from Sri Lanka,’’ dated January 

14, 2022; and ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

Nails from India: Consultations with Officials from 

the Government of India,’’ dated January 18, 2022. 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of India (GOI), the 

Government of Oman (GSO), the 

Government of Sri Lanka (GSL), the 

Royal Thai Government (RTG), and the 

Government of Turkey (GOT) 

(collectively, Governments) are 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of steel 

nails in India, Oman, Sri Lanka, 

Thailand, and Turkey, and that such 

imports are materially injuring, or 

threatening material injury to, the 

domestic industry producing steel nails 

in the United States. Consistent with 

section 702(b)(1) of the Act and 19 CFR 

351.202(b), for those alleged programs 

on which we are initiating CVD 

investigations, the Petitions were 

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 with respect to the initiation of 

the requested CVD investigations.5

Period of Investigation 

Because the Petitions were filed on 

December 30, 2021, the period of 

investigation (POI) for these CVD 

investigations is January 1, 2020, 

through December 31, 2020.6

Scope of the Investigations 

The merchandise covered by these 

investigations is steel nails from India, 

Oman, Sri Lanka, Thailand, and Turkey. 

For a full description of the scope of 

these investigations, see the appendix to 

this notice. 

Comments on 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.7 On January 10 and 14, 

2022, the petitioner revised the scope.8

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 

(scope).9 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,10 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit scope 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 10 calendar days from the 

initial comment deadline. 

Commerce requests that any factual 

information the parties consider 

relevant to the scope of the 

investigations be submitted during this 

time period. However, if a party 

subsequently finds that additional 

factual information pertaining to the 

scope of the investigations may be 

relevant, the party may contact 

Commerce and request permission to 

submit the additional information. All 

such comments 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 using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.11 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the Governments of the receipt of the 

Petitions and provided an opportunity 

for consultations with respect to the 

Petitions.12 Commerce held 

consultations with the RTG on January 

11, 2022, the GOT, GSL, and GSO on 

January 14, 2022, and the GOI on 

January 18, 2022.13

Determination of Industry Support for 

the Petitions 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(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 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 


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14See section 771(10) of the Act. 

15See 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)). 

16See Petitions at Volume I at 13–15 and Exhibit 

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

10. 

17For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Countervailing Duty 

Investigation Initiation Checklists: Certain Steel 

Nails from India, the Sultanate of Oman, Sri Lanka, 

Thailand, and the Republic of Turkey (CountrySpecific CVD 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. 

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

GEN–1. 

19 Id.; see also General Issues Supplement at 6. 

20See Petitions at Volume I at 3–4 and Exhibit 

GEN–1. 

21 Id.; see also General Issues Supplement at 6. 

For further discussion, see Attachment II of the 

Country-Specific CVD Initiation Checklists. 

22See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

23 Id.; see also section 702(c)(4)(D) of the Act. 

24See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

25 Id. 

26 Id. 

27See Petitions at 17–19 and Exhibit GEN–9. 

28See Designations of Developing and LeastDeveloped Countries under the Countervailing Duty 

Law, 85 FR 7613, 7615–7616 (February 10, 2020). 

29When calculated to the hundredth decimal 

point, imports from Sri Lanka account for 3.96 

percent of the volume of total imports during the 

most recent 12-month period for which data are 

available. See Petitions at Volume I at 17–18 and 

Exhibit GEN–9. 

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,14 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.15

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.16 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.17

In determining whether the petitioner 

has standing under section 702(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.18 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.19

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.20 We 

relied on data provided by the petitioner 

for purposes of measuring industry 

support.21

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.22

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 a result, Commerce is 

not required to take further action in 

order to evaluate industry support (e.g., 

polling).23 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(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.24 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(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.25 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 702(b)(1) 

of the Act.26

Injury Test 

Because India, Oman, Sri Lanka, 

Thailand, and Turkey are ‘‘Subsidies 

Agreement Countries’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

these investigations. Accordingly, the 

ITC must determine whether imports of 

the subject merchandise from India, 

Oman, Sri Lanka, Thailand, and/or 

Turkey materially injure, or threaten 

material injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.27

In CVD petitions, section 771(24)(B) 

of the Act provides that imports of 

subject merchandise from developing 

countries must exceed the negligibility 

threshold of four percent. Because Sri 

Lanka has been designated as a 

developing country under section 

771(36)(A) of the Act,28 the four percent 

negligibility threshold applies to 

imports from Sri Lanka. While the 

allegedly subsidized imports from Sri 

Lanka may not meet the statutory 

negligibility threshold of four percent,29

the petitioner alleges and provides 

supporting evidence that: (1) There is a 

reasonable indication that data obtained 

in the ITC’s investigation will establish 

that imports exceed the negligibility 


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30See Petitions at Volume I at 17–18 and Exhibit 

GEN–9; see also Statement of Administrative 

Action Accompanying the Uruguay Round 

Agreements Act, H.R. Doc. 103–316, vol. 1 (1994) 

(SAA) at 857. 

31See Petitions at Volume I at 19 and Exhibit 

GEN–8; see also section 771(24)(A)(iv) of the Act. 

32See Petitions at Volume I at 19–21, 25–41 and 

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

through GEN–20. 

33See Country-Specific CVD 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). 

34See Petitions at Volume I at Exhibit GEN–6. 

35See Memoranda, ‘‘Countervailing Duty Petition 

on Certain Steel Nails from the Republic of Turkey: 

Release of Customs Data from U.S. Customs and 

Border Protection,’’ dated January 11, 2022; 

‘‘Countervailing Duty Petition on Certain Steel 

Nails from India: Release of Customs Data from U.S. 

Customs and Border Protection,’’ dated January 13, 

2022; ‘‘Countervailing Duty Petition on Certain 

Steel Nails from the Sultanate of Oman: Release of 

Customs Data from U.S. Customs and Border 

Protection,’’ dated January 13, 2022; 

‘‘Countervailing Duty Petition on Certain Steel 

Nails from Sri Lanka: Release of Customs Data from 

U.S. Customs and Border Protection,’’ dated January 

13, 2022; and ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Certain Steel 

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

Border Protection Data,’’ dated January 13, 2022. 

threshold; 30 and (2) there is the 

potential that imports from Sri Lanka 

will imminently exceed the negligibility 

threshold and, therefore, they are not 

negligible for purposes of a threat 

determination.31 The petitioner’s 

arguments regarding the reasonable 

indication that information obtained in 

the ITC’s investigation will exceed the 

negligibility threshold are consistent 

with the SAA. Furthermore, the 

petitioner’s arguments regarding the 

potential for imports to imminently 

exceed the negligibility threshold are 

consistent with the statutory criteria for 

‘‘negligibility in threat analysis’’ under 

section 771(24)(A)(iv) of the Act, which 

provides that imports shall not be 

treated as negligible if there is a 

potential that subject imports from a 

country will imminently exceed the 

statutory requirements for negligibility. 

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 

of capacity utilization; underselling and 

price depression and/or suppression; 

adverse impact on employment 

variables; lost sales and revenues; and 

declining profitability.32 We assessed 

the allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, and 

negligibility, and we have determined 

that these allegations are properly 

supported by adequate evidence, and 

meet the statutory requirements for 

initiation.33

Initiation of CVD Investigations 

Based upon our examination of the 

Petitions on steel nails from India, 

Oman, Sri Lanka, Thailand, and Turkey, 

including supplemental information 

provided by the petitioner, we find that 

the Petitions meet the requirements of 

section 702 of the Act. Therefore, we are 

initiating CVD investigations to 

determine whether imports of steel nails 

from India, Oman, Sri Lanka, Thailand, 

and Turkey benefit from countervailable 

subsidies conferred by the 

Governments. In accordance with 

section 703(b)(1) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determinations no 

later than 65 days after the publication 

date of these initiations. 

India 

Based on our review of the Petition on 

Indian steel nails, we find that there is 

sufficient information to initiate a CVD 

investigation on 32 alleged programs. 

For a full discussion of the basis for our 

decision to initiate on each program, see 

India CVD Initiation Checklist. A public 

version of the initiation checklist for 

this investigation is available on 

ACCESS. 

Oman 

Based on our review of the Petition on 

Omani steel nails, we find that there is 

sufficient information to initiate a CVD 

investigation on 11 alleged programs. 

For a full discussion of the basis for our 

decision to initiate on each program, see 

Oman CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Sri Lanka 

Based on our review of the Petition on 

Sri Lankan steel nails, we find that there 

is sufficient information to initiate a 

CVD investigation on 11 alleged 

programs. For a full discussion of the 

basis for our decision to initiate on each 

program, see Sri Lanka CVD Initiation 

Checklist. A public version of the 

initiation checklist for this investigation 

is available on ACCESS. 

Thailand 

Based on our review of the Petition on 

Thai steel nails, we find that there is 

sufficient information to initiate a CVD 

investigation on 13 alleged programs. 

For a full discussion of the basis for our 

decision to initiate on each program, see 

Thailand CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Turkey 

Based on our review of the Petition on 

Turkish steel nails, we find that there is 

sufficient information to initiate a CVD 

investigation on 26 alleged programs. 

For a full discussion of the basis for our 

decision to initiate on each program, see 

Turkey CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Respondent Selection 

The petitioner named 11 companies 

in India; four in Oman; five in Sri 

Lanka; five in Thailand; and six in 

Turkey as producers/exporters of steel 

nails.34 Commerce intends to follow its 

standard practice in CVD investigations 

and calculate company-specific subsidy 

rates in these investigations. 

In the event that Commerce 

determines that the number of 

companies in India, Oman, Sri Lanka, 

Thailand, or Turkey is large and it 

cannot individually examine each 

company based upon Commerce’s 

resources, where appropriate, 

Commerce intends to select respondents 

based on U.S. Customs and Border 

Protection (CBP) data for U.S. imports of 

steel nails from India, Oman, Sri Lanka, 

Thailand, and Turkey during the POI 

under the appropriate Harmonized 

Tariff Schedule of the United States 

subheadings listed in the ‘‘Scope of the 

Investigations,’’ in the appendix. 

From January 11 through 13, 2022, 

Commerce released CBP data for U.S. 

imports of steel nails from India, Oman, 

Sri Lanka, Turkey, and Thailand under 

administrative protective order (APO) to 

all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

regarding the CBP data and respondent 

selection must do so within three 

business days of the publication date of 

the notice of initiation of these CVD 

investigations.35 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 the Commerce’s 

website at http://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, by 


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3974 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 

36See section 733(a) of the Act. 

37 Id. 

38See 19 CFR 351.301(b). 

39See 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. 

40See section 782(b) of the Act. 

41See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

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

info_final_rule_FAQ_07172013.pdf. 

42See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

ACCESS no later than 5:00 p.m. ET on 

the specified deadline. 

Distribution of Copies of the Petitions 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petitions has been provided to the 

Governments via ACCESS. To the extent 

practicable, Commerce will attempt to 

provide a copy of the public version of 

the Petitions to each exporter named in 

the Petitions, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of steel nails from India, Oman, Sri 

Lanka, Thailand, and/or Turkey are 

materially injuring or threatening 

material injury to a U.S. industry.36 A 

negative ITC determination for any 

country will result in the investigation 

being terminated with respect to that 

country.37 Otherwise, the 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). Any party, when 

submitting factual information, must 

specify under which subsection of 19 

CFR 351.102(b)(21) the information is 

being submitted and, if the information 

is submitted to rebut, clarify, or correct 

factual information already on the 

record, provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct.38 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. 

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 the 

Secretary. 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, Commerce 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, Commerce 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 Commerce will grant 

untimely-filed requests for the extension 

of time limits. Parties should review 

Commerce’s regulations concerning the 

extension of time limits prior to 

submitting extension requests in these 

investigations.39

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.40

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).41 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. 

Instructions for filing such applications 

may be found on the Commerce website 

at http://enforcement.trade.gov/apo. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

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

appearance). Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information until further notice.42

This notice is issued and published 

pursuant to sections 702 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, 

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. 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Notices 3975 

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. 2022–01509 Filed 1–25–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; SURF Fellow Housing 

Application 

AGENCY: National Institute of Standards 

and Technology (NIST), Commerce. 

ACTION: Notice of Information 

Collection, request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before March 28, 2022. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

mail to Maureen O’Reilly, Management 

Analyst, NIST, by email to 

PRAcomments@doc.gov. Please 

reference OMB Control Number 0693– 

0084 in the subject line of your 

comments. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Dr. 

Brandi Toliver, NIST, 100 Bureau Drive, 

Stop 1090, Gaithersburg, MD 20899– 

1090, tel. (301)972–2371, or 

brandi.toliver@nist.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The purpose of this collection is to 

gather information requested on behalf 

of the NIST Summer Undergraduate 

Research Fellowship (SURF) Program 

for both Gaithersburg and Boulder 

locations. Students participating in the 

program receive a fellowship which 

includes lodging arranged by the 

agency. To coordinate the lodging, 

information is submitted by accepted 

students which require lodging during 

the program dates. The student 

information is utilized for roommate 

matching based on gender and common 

interests. The information includes: 

Identification of accepted laboratory, 

housing requirement (yes or no), first 

name, last name, dates requesting 

housing, gender, roommate 

identification, name of academic 

institution of enrollment, preferences 

(night owl, early bird, neatness, 

smoking,), and special requests. 

II. Method of Collection 

The information will be collected 

electronically. Accepted students will 

receive a link to the Housing 

Application administered on Google 

Documents (NIST approved platform). 

The application must be completed by 

a required deadline. The provided link 

will be inactive after the deadline. 

III. Data 

OMB Control Number: 0693–0084. 

Form Number(s): None. 

Type of Review: Regular submission, 

extension of a current information 

collection. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

220. 

Estimated Time per Response: 30 

minutes. 

Estimated Total Annual Burden 

Hours: 110 hours. 

Estimated Total Annual Cost to 

Public: $0. 

Respondent’s Obligation: Required to 

obtain benefits. 

Legal Authority: 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 


khammond on DSKJM1Z7X2PROD with NOTICES