34654 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

1See Certain New Pneumatic Off-the-Road Tires 

from India: Antidumping Duly Order, 82 FR 12553 

(March 6, 2017) (Order); and Certain New 

Pneumatic Off-the-Road Tires from India: Notice of 

Correction to Antidumping Duty Order, 82 FR 

25598 (June 2, 2017). 

2See Initiation of Five-Year (Sunset) Review, 87 

FR 5467 (February 1, 2022). 

3The domestic producer is Titan Tire 

Corporation. 

4See Domestic Producer’s Letter, ‘‘Certain New 

Pneumatic Off-the-Road Tires from India: Notice of 

Intent to Participate in Sunset Review,’’ dated 

February 16, 2022. 

5See Domestic Producer’s Letter, ‘‘Certain New 

Pneumatic Off-the-Road Tires from India: 

Substantive Response to Notice of Initiation,’’ dated 

March 3, 2022. 

6See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on November 1, 2021,’’ dated December 

20, 2021. 

7See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of Expedited 

Sunset Review of the Antidumping Duty Order on 

Certain New Pneumatic Off-the-Road Tires from 

India,’’ dated concurrently with, and hereby 

adopted by, this notice. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–869] 

Certain New Pneumatic Off-the-Road 

Tires From India: Final Results of 

Expedited Sunset Review of the 

Antidumping Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of this expedited 

sunset review, the U.S. Department of 

Commerce (Commerce) finds that 

revocation of the antidumping duty 

(AD) order on certain new pneumatic 

off-the-road tires (off-road tires) from 

India would be likely to lead to 

continuation or recurrence of dumping 

at the levels indicated in the ‘‘Final 

Results of Review’’ section of this 

notice. 

DATES: Applicable June 7, 2022. 

FOR FURTHER INFORMATION CONTACT: Lilit 

Astvatsatrian, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6412. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2022, Commerce 

published the notice of initiation of the 

sunset review of the AD order on offroad tires from India,1 pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act).2 In accordance 

with 19 CFR 351.218(d)(1)(i) and (ii), 

Commerce received notices of intent to 

participate in these sunset reviews from 

a domestic producer 3 within 15 days 

after the date of publication of the 

Initiation Notice.4 The domestic 

producer claimed domestic interested 

party status under section 771(9)(C) of 

the Act, as a manufacturer of a domestic 

like product in the United States. 

On March 3, 2022, the domestic 

producer submitted a timely substantive 

response within the 30-day deadline 

specified in 19 CFR 351.218(d)(3)(i).5

Commerce did not receive a substantive 

response from any other interested 

parties with respect to the Order 

covered by this sunset review, nor was 

a hearing requested. On December 20, 

2021, Commerce notified the U.S. 

International Trade Commission that it 

did not receive an adequate substantive 

response from respondent interested 

parties.6 As a result, pursuant to section 

751(c)(3)(B) of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), Commerce 

conducted an expedited (120-day) 

sunset review of the Order. 

Scope of the Order 

The products covered by the Order 

are off-road tires from India. For a full 

description of the scope, see the Issues 

and Decision Memorandum.7

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed in the Issues and Decision 

Memorandum, including the likelihood 

of continuation or recurrence of 

dumping and the magnitude of the 

margins of dumping likely to prevail if 

the Order were revoked. A list of topics 

discussed in the Issues and Decision 

Memorandum is included as the 

appendix to this notice. The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. A complete version of 

the Issues and Decision Memorandum 

can be accessed directly at https://

access.trade.gov/public/FRNotices/ 

ListLayout.aspx. 

Final Results of Sunset Review 

Pursuant to sections 751(c) and 

752(c)(1) and (3) of the Act, Commerce 

determines that revocation of the Order 

would be likely to lead to continuation 

or recurrence of dumping, and that the 

magnitude of the dumping margins 

likely to prevail would be weightedaverage margins of up to 3.67 percent. 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a). Timely written 

notification of the destruction of APO 

materials or conversion to judicial 

protective orders is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results in accordance with sections 

751(c), 752(c), and 777(i)(1) of the Act, 

and 19 CFR 351.218. 

Dated: June 1, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins Likely to 

Prevail 

VII. Final Results of Sunset Review 

VIII. Recommendation 

[FR Doc. 2022–12251 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–905] 

Certain Steel Nails From India: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain steel 

nails (steel nails) from India. The period 

of investigation is April 1, 2020, through 

March 31, 2021. Interested parties are 

invited to comment on this preliminary 

determination. 

DATES: Applicable June 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Coen or Eric Hawkins, AD/ 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34655 

1See Certain Steel Nails from India, the Sultanate 

of Oman, Sri Lanka, Thailand, and the Republic of 

Turkey: Initiation of Countervailing Duty 

Investigations, 87 FR 3970 (January 26, 2022) 

(Initiation Notice). 

2See Certain Steel Nails from India, the Sultanate 

of Oman, Sri Lanka, Thailand, and the Republic of 

Turkey: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 87 FR 12080 (March 3, 2022). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of Certain Steel 

Nails from India,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

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

(Preamble). 

5See Initiation Notice, 87 FR at 3971. 6See Certain Steel Nails from India, Sri Lanka, 

Thailand, and the Republic of Turkey: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 87 FR 30868 

(May 20, 2022). 7See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

8With two respondents under examination, 

Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sales values for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. For a complete 

analysis of the data, see Memorandum, 

‘‘Preliminary Determination of Subsidy Rate for All 

Others,’’ dated May 31, 2022. 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–3251, or (202) 482–1988, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). On January 26, 2022, we 

published the initiation of a 

countervailing duty (CVD) investigation 

on steel nails from India.1 On March 3, 

2022, Commerce postponed the 

preliminary determination of this 

investigation until May 31, 2022.2 For a 

complete description of the events that 

followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are steel nails from India. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).5 We received 

several comments concerning the scope 

of the antidumping duty (AD) and CVD 

investigations of steel nails as it 

appeared in the Initiation Notice. We 

are currently evaluating the scope 

comments filed by the interested 

parties. We intend to issue our 

preliminary decision regarding the 

scope of the AD and CVD investigations 

on or before the preliminary 

determinations of the companion AD 

investigations, the deadline for which is 

July 28, 2022.6 We will incorporate the 

scope decisions from the AD 

investigations into the scope of the final 

CVD determination for this investigation 

after considering any relevant comments 

submitted in scope case and rebuttal 

briefs. The deadline for interested 

parties to submit scope case and rebuttal 

briefs will be established in the 

preliminary scope decision 

memorandum. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found to be countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.7

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

calculated individual estimated 

countervailable subsidy rates for 

Astrotech Steels Pvt. Ltd. (Astrotech) 

and Geekay Wires Limited (Geekay), the 

two individually-examined exporter/ 

producers that are not zero, de minimis, 

or based entirely on facts otherwise 

available. Commerce calculated the allothers rate using a weighted average of 

the individual estimated subsidy rates 

calculated for the examined respondents 

using each company’s publicly-ranged 

sales values for the merchandise under 

consideration.8

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated net 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(ad valorem) 

(percent) 

Astrotech Steels Pvt. Ltd ...... 2.93 

Geekay Wires Limited .......... 2.73 

All Others .............................. 2.85 

Suspension of Liquidation 

In accordance with sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the deadline for the last 


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34656 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

9See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

10See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

verification questionnaire response in 

this investigation. Rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than seven 

days after the deadline date for case 

briefs.9 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.10

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case or 

rebuttal briefs in this investigation are 

encouraged to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance within 30 days after the 

date of publication of this notice. 

Requests should contain the party’s 

name, address, and telephone number, 

the number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether imports of steel 

nails from India are materially injuring, 

or threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act, and 19 CFR 

351.205(c). 

Dated: May 31, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation 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. 

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 this 

investigation 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 this 

investigation are nails suitable for use in gasactuated 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 this 

investigation 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 this 

investigation 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 this 

investigation 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 7318.15.5090, 

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 this investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Subsidies Valuation 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2022–12188 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 


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