Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34651 

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 Determination of the 

Countervailing Duty Investigation of Certain Steel 

Nails from Thailand,’’ 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). 

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. 

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 this investigation 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. Diversification of Turkey’s Economy 

VII. Subsidies Valuation 

VIII. Analysis of Programs 

IX. Recommendation 

[FR Doc. 2022–12191 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–549–845] 

Certain Steel Nails From Thailand: 

Preliminary Negative 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 not being provided to 

producers and exporters of certain steel 

nails (steel nails) from Thailand. The 

period of investigation is January 1, 

2020, through December 31, 2020. 

Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable June 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Laura Griffith or Jonathan Hall-Eastman, 

AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6430 or 

(202) 482–1468, 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). Commerce published the 

notice of initiation of this investigation 

on January 26, 2022.1 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 https://

access.trade.gov, and is available to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. 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 

Thailand. 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 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

Preliminary Determination 

For this preliminary determination, 

Commerce calculated de minimis 

estimated countervailable subsidies for 

each individually examined 

producer(s)/exporter(s) of the subject 

merchandise. Consistent with section 

703(b)(4)(A) of the Act, Commerce has 

disregarded the de minimis rates. 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent) 

Come Best Thailand Co., Ltd ........................................................................................................................................ 0.04 percent (de minimis). 

Jinhai Hardware Co. Ltd ................................................................................................................................................ 0.10 percent (de minimis). 


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34652 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

9See Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19, 85 FR 17006 

(March 26, 2020) (Temporary Rule); and Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

Consistent with section 703(d) of the 

Act, Commerce has not determined an 

estimated weighted-average subsidy rate 

for all other producers/exporters 

because it has not made an affirmative 

preliminary determination. 

Suspension of Liquidation 

Because Commerce preliminarily 

determines that no countervailable 

subsidies are being provided to the 

production or exportation of subject 

merchandise, Commerce will not direct 

U.S. Customs and Border Protection to 

suspend liquidation of any such entries. 

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 

verification questionnaire response in 

this investigation. A timeline for the 

submission of case briefs and written 

comments will be provided to interested 

parties at a later date. Rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than seven 

days after the deadline date for case 

briefs after the deadline date for case 

briefs.8 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.9

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

(d)(2), parties who submit case briefs 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 make its determination 75 days 

after Commerce’s final determination. 

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 

investigation 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 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34653 

1See Prestressed Concrete Steel Wire Strand from 

the Republic of Turkey: Final Affirmative 

Countervailing Duty Determination and Final 

Negative Critical Circumstances Determination, 85 

FR 80005 (December 11, 2020) (Final 

Determination). 

2 Id. 

3See Prestressed Concrete Steel Wire Strand from 

the Republic of Turkey: Countervailing Duty Order, 

86 FR 7990 (February 3, 2021). 

4See Celik Halat ve Tel Sanayi A.S. v. United 

States, Slip Op. 22–13, Court No. 21–00050 (CIT 

February 15, 2022). 

5 Id. at 37. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Celik Halat ve Tel Sanayi A.S. v. 

United States, Court No. 21–00050, Slip. Op. 22– 

13 (CIT February 15, 2022), dated April 15, 2022. 

7See Celik Halat ve Tel Sanayi A.S. v. United 

States, Slip Op. 22–55, Court No. 21–00050 (CIT 

May 26, 2022). 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

10Commerce found the following companies to be 

cross-owned with Celik Halat: Dogan Sirketler 

Grubu Holding A.S. and Adilbey Holding A.S. See 

Final Determination, 85 FR at 80006 (n.8). 

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 this investigation 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. 2022–12187 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–843] 

Prestressed Concrete Steel Wire 

Strand From the Republic of Turkey: 

Notice of Court Decision Not in 

Harmony With the Final Determination 

of Countervailing Duty Investigation; 

Notice of Amended Final 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 26, 2022, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Celik Halat 

ve Tel Sanayi A.S. v. United States, 

Court No. 21–00050, sustaining the U.S. 

Department of Commerce’s (Commerce) 

first remand redetermination pertaining 

to the countervailing duty (CVD) 

investigation of prestressed concrete 

steel wire strand (PC strand) from the 

Republic of Turkey (Turkey), covering 

the period of investigation January 1, 

2019, through December 31, 2019. 

Commerce is notifying the public that 

the CIT’s final judgment is not in 

harmony with Commerce’s final 

determination in that investigation, and 

that Commerce is amending the final 

determination with respect to the 

countervailable subsidy rate assigned to 

Celik Halat ve Tel Sanayi A.S. (Celik 

Halat) and all other exporters/producers 

of PC strand not individually examined. 

DATES: Applicable June 5, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Garten, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3342. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 11, 2020, Commerce 

published its Final Determination in the 

CVD investigation of PC strand from 

Turkey.1 Commerce calculated an 

estimated net countervailable subsidy 

rate of 158.44 percent for Celik Halat 

and 94.61 percent for all other 

exporters/producers not individually 

examined.2 Commerce subsequently 

published the CVD order on PC strand 

from Turkey.3

Celik Halat appealed Commerce’s 

Final Determination. On February 15, 

2022, the CIT remanded the Final 

Determination to Commerce, stating that 

Commerce impermissibly used facts 

otherwise available with respect to the 

late filing of Celik Halat’s initial 

questionnaire response.4 The CIT 

ordered Commerce to expeditiously 

determine a new estimated net 

countervailable subsidy rate for Celik 

Halat that does not resort to section 776 

of the Tariff Act of 1930, as amended 

(the Act), with respect to the filing of 

the initial questionnaire response.5

In its final remand redetermination, 

issued in April 2022, Commerce 

accepted Celik Halat’s questionnaire 

responses, and based upon the 

information received, calculated an 

estimated net countervailable subsidy 

rate of 2.96 percent for Celik Halat and 

16.87 percent for all other exporters/ 

producers not individually examined.6

The CIT sustained Commerce’s final 

redetermination.7

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamond Sawblades,9 the U.S. Court 

of Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Act, Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

May 26, 2022, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final 

Determination. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination with respect to 

Celik Halat and all other exporters/ 

producers not individually examined as 

follows: 

Company 

Subsidy 

rate 

(percent) 

Celik Halat ve Tel Sanayi A.S.10 2.96 

All Others .................................... 16.87 

Cash Deposit Requirements 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: June 1, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–12186 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 


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