Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 54543 

1See Petition for the Imposition of Antidumping 

and Countervailing Duties Pursuant to Sections 701 

and 731 of the Tariff Act of 1930, as Amended: 

Certain Standard Steel Fasteners from the People’s 

Republic of China, dated September 23, 2009 

(‘‘Petition’’). 

by the investigations have a permanentlyattached washer face. Standard nuts are 

covered by the investigations if they are 

suitable for attachment to bolts and/or cap 

screws covered by the investigations. 

Standard bolts, standard cap screws, and 

standard nuts are covered by the 

investigations whether imported alone, 

attached to other subject and/or non-subject 

merchandise (e.g., tension control 

assemblies), or unattached and in 

combination with other subject merchandise 

and/or non-subject merchandise. 

Standard nuts, standard bolts, and 

standard cap screws meet the requirements of 

one or more nationally recognized consensus 

industry standard specifications (including 

but not limited to those referenced below). 

Subject merchandise is typically certified to 

the specifications published by one or more 

consensus standards organizations such as 

the following: the American Society for 

Testing and Materials (ASTM), the Society of 

Automotive Engineers (SAE), the 

International Organization for 

Standardization (ISO), and the Industrial 

Fasteners Institute. Common specifications to 

which subject merchandise is certified 

include, but are not limited to: ASTM A194, 

ASTM A307, ASTM A325, ASTM A325M, 

ASTM A354, ASTM A449, ASTM A490, 

ASTM A563, ASTM F568M, ASTM F1852, 

ASTM F2280, SAE J429, SAE J1199, ISO 

898–1, ISO 898–2, ISO 4759–1, ISO 8992, 

and comparable foreign and domestic 

specifications (including, but not limited to, 

metric versions of specifications such as 

those listed above). 

Excluded from the scope of the 

investigations are bolts, cap screws, and nuts 

produced for an original equipment 

manufacturer (OEM) part number specific to 

any ‘‘automobile’’ as defined in 49 U.S.C. 

Section 32901(a)(3), any ‘‘work truck’’ as 

defined in 49 U.S.C. Section 32901(a)(19), or 

any ‘‘medium-duty passenger vehicle’’ as 

defined in 40 CFR Section 86.1803–01 

(2009). 

Also excluded from the scope of the 

investigations are bolts, cap screws, and nuts 

produced for an OEM part number specific 

to any ‘‘aircraft’’ as defined in 14 CFR 

Section 1.1 (2009). 

Also excluded from the scope of the 

investigations are track bolts. Track bolts 

have a circular, rounded head and a shank 

which, immediately beneath the head, 

possesses an oval or elliptical shape, such 

that the non-round shape would restrict 

rotational movement of the bolt. Also 

excluded from the scope of the investigations 

are carriage bolts. Carriage bolts have a 

circular, rounded head and a shank which, 

immediately beneath the head, possesses a 

non-round shape (e.g., square, finned), such 

that the non-round shape would restrict 

rotational movement of the bolt. Also 

excluded from the scope of the investigations 

are socket screws. Socket screws have a head 

with a recessed cavity into which a shaped 

bit may be inserted to turn and drive the 

fastener. 

Unless explicitly excluded from the scope 

of the investigations, bolts, cap screws, and 

nuts meeting the description of subject 

merchandise are covered by the 

investigations. 

Merchandise covered by the investigations 

is classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) under 

subheadings: 7318.15.2030, 7318.15.2055, 

7318.15.2065, 7318.15.8065, 7318.15.8085, 

and 7318.16.0085. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the merchandise under the 

investigations is dispositive. 

[FR Doc. E9–25194 Filed 10–21–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–961] 

Certain Standard Steel Fasteners From 

the People’s Republic of China: 

Initiation of Countervailing Duty 

Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: October 22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Nair and Joseph Shuler, AD/ 

CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3813 and (202) 

482–1293, respectively. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On September 23, 2009, the 

Department of Commerce 

(‘‘Department’’) received a 

countervailing duty petition concerning 

imports of certain standard steel 

fasteners (‘‘fasteners’’) from the People’s 

Republic of China (‘‘PRC’’). The petition 

was filed in proper form by Nucor 

Fastener (‘‘Petitioner’’), a domestic 

producer of fasteners.1 In response to 

the Department’s requests, Petitioner 

provided timely information 

supplementing the Petition on October 

6, 7, 8, and 9, 2009. 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(‘‘the Act’’), Petitioner alleges that 

manufacturers, producers, or exporters 

of standard steel fasteners in the PRC 

receive countervailable subsidies within 

the meaning of sections 701 and 771(5) 

of the Act, and that such imports are 

materially injuring, or threatening 

material injury to, an industry in the 

United States. 

The Department finds that Petitioner 

filed the Petition on behalf of the 

domestic industry because it is an 

interested party as defined in section 

771(9)(C) of the Act, and Petitioner has 

demonstrated sufficient industry 

support with respect to the 

countervailing duty (‘‘CVD’’) 

investigation (see ‘‘Determination of 

Industry Support for the Petition’’ 

section below). 

Period of Investigation 

The period of investigation (‘‘POI’’) is 

January 1, 2008, through December 31, 

2008. 

Scope of Investigation 

The products covered by the 

investigation are fasteners from the PRC 

and Taiwan. For a full description of the 

scope of the investigation, please see 

‘‘Scope of Investigation,’’ in Appendix I 

of this notice. The Department, after 

consulting with Petitioner, made minor 

changes to the scope language submitted 

by Petitioner in the Third Supplement 

to the AD/CVD Petitions, dated October 

9, 2009, at Attachment 1. See 

Memorandum to the file from Steve 

Bezirganian, Analyst, entitled ‘‘Certain 

Standard Steel Fasteners from the 

People’s Republic of China (A–570–960 

and C–570–961) and Taiwan (A–583– 

845): Revisions to Petitioner’s Proposed 

October 9, 2009, Scope Language,’’ 

dated October 13, 2009. 

Comments on Scope of Investigation 

During our review of the Petition, we 

discussed the scope with Petitioner to 

ensure that it is an accurate reflection of 

the products for which the domestic 

industry is seeking relief. Moreover, as 

discussed in the preamble to the 

Department’s regulations (Antidumping 

Duties; Countervailing Duties; Final 

Rule, 62 FR 27296, 27323 (May 19, 

1997)), we are setting aside a period for 

interested parties to raise issues 

regarding product coverage. The 

Department encourages all interested 

parties to submit such comments by 

November 2, 2009, twenty calendar days 

from the signature date of this notice. 

Comments should be addressed to 

Import Administration’s APO/Dockets 

Unit, Room 1870, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

The period for scope consultations is 

intended to provide the Department 

with ample opportunity to consider all 

comments and to consult with parties 

prior to the issuance of the preliminary 

determination. 


dcolon on DSK2BSOYB1PROD with NOTICES
54544 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 

Consultations 

Pursuant to section 702(b)(4)(A)(ii) of 

the Act, on September 23, 2009, the 

Department invited representatives of 

the Government of the PRC for 

consultations with respect to the CVD 

petition. On October 13, 2009, the GOC 

requested that the Department extend 

the deadline for consultations. The 

Department responded that it could not 

extend this deadline for pre-initiation 

consultations, but would consult with 

the GOC in the course of this proceeding 

if initiated, as required by Article 13.2 

of the Agreement on Subsidies and 

Countervailing Measures. 

Determination of Industry Support for 

the Petition 

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 

more than 50 percent of the total 

production of the domestic like product, 

the Department 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. 

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 the Department to look to 

producers and workers who produce the 

domestic like product. The U.S. 

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 the Department 

and the ITC must apply the same 

statutory definition regarding the 

domestic like product (section 771(10) 

of the Act), they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, the 

Department’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. See 

USEC, Inc. v. United States, 132 F. 

Supp. 2d 1, 8 (Ct. Int’l Trade 2001), 

citing Algoma Steel Corp. Ltd. v. United 

States, 688 F. Supp. 639, 644 (Ct. Int’l 

Trade 1988), aff’d 865 F.2d 240 (Fed. 

Cir. 1989), cert. denied 492 U.S. 919 

(1989). 

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, Petitioner does not offer a 

definition of domestic like product 

distinct from the scope of the 

investigation. Based on our analysis of 

the information submitted on the 

record, we have determined that 

fasteners constitute a single domestic 

like product and we have analyzed 

industry support in terms of that 

domestic like product. For a discussion 

of the domestic like product analysis in 

this case, see ‘‘Countervailing Duty 

Investigation Initiation Checklist: 

Certain Standard Steel Fasteners from 

the People’s Republic of China’’ 

(‘‘Initiation Checklist’’), at Attachment 

II, Analysis of Industry Support for the 

Petitions Covering Certain Standard 

Steel Fasteners from the People’s 

Republic of China, on file in the Central 

Records Unit (‘‘CRU’’), Room 1117 of 

the main Department of Commerce 

building. 

In determining whether Petitioner has 

standing (i.e., the domestic workers and 

producers supporting the Petition 

account for (1) at least 25 percent of the 

total production of the domestic like 

product and (2) 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), we 

considered the industry support data 

contained in the Petition with reference 

to the domestic like product. To 

establish industry support, Petitioner 

provided its production of the domestic 

like product for the year 2008, and 

compared this to the estimated total 

production of the domestic like product 

for the entire domestic industry. See 

Volume I of the Petition, at 2–3, Exhibit 

I–10, and Supplement to the AD/CVD 

Petitions, dated October 6, 2009, at 17– 

18, Exhibit I–Supp-6, and Industry 

Support Supplement, dated October 8, 

2009 (‘‘Industry Support Supplement’’), 

at Attachment 1. To estimate 2008 

production of the domestic like product, 

Petitioner used its own data and 

industry specific knowledge. See 

Industry Support Supplement, at 

Attachment 1. Petitioner calculated total 

domestic production based on its own 

production plus estimates regarding the 

other producers of the domestic like 

product in the United States. Id. We 

have relied upon data Petitioner 

provided for purposes of measuring 

industry support. For further 

discussion, see Initiation Checklist at 

Attachment II. 

The Department’s review of the data 

provided in the Petition, supplemental 

submissions, and other information 

readily available to the Department 

indicates that Petitioner has established 

industry support. First, the Petition 

establishes support from domestic 

producers (or workers) accounting for 

more than 50 percent of the total 

production of the domestic like 

products and, as such, the Department 

is not required to take further action in 

order to evaluate industry support (e.g., 

polling). See section 702(c)(4)(D) of the 

Act and Initiation Checklist at 

Attachment II. 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 Petition 

account for at least 25 percent of the 

total production of the domestic like 

products. See Initiation Checklist at 

Attachment II. 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 Petition 

account for more than 50 percent of the 

production of the domestic like 

products produced by that portion of 

the industry expressing support for, or 

opposition to, the Petitions. 

Accordingly, the Department 

determines that the Petition was filed on 

behalf of the domestic industry within 

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

Act. See Initiation Checklist at 

Attachment II. 

The Department finds that Petitioner 

filed the Petition on behalf of the 

domestic industry because it is an 

interested party as defined in section 

771(9)(C) of the Act and has 

demonstrated sufficient industry 

support with respect to the CVD 

investigation that it is requesting the 

Department initiate. See Initiation 

Checklist at Attachment II. 


dcolon on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 54545 

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

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

this investigation. Accordingly, the ITC 

must determine whether imports of 

subject merchandise from the PRC 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

Petitioner alleges that imports of 

standard steel fasteners from the PRC 

are benefitting from countervailable 

subsidies and that such imports are 

causing, or threaten to cause, material 

injury to the domestic industry 

producing certain standard steel 

fasteners. In addition, Petitioner alleges 

that subsidized imports exceed the 

negligibility threshold provided for 

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

Petitioner contends that the industry’s 

injured condition is illustrated by 

reduced market share, underselling and 

price depressing and suppressing 

effects, increased import penetration, 

declining sales, reduced production, 

reduced capacity, increased raw 

material cost, abandoned product lines, 

reduced shipments, reduced wages and 

hours worked, and an overall decline in 

financial performance. We have 

assessed the allegations and supporting 

evidence regarding material injury, 

threat of material injury, and causation, 

and we have determined that these 

allegations are properly supported by 

adequate evidence and meet the 

statutory requirements for initiation. See 

Initiation Checklist at Attachment III 

(Analysis of Injury Allegations and 

Evidence of Material Injury and 

Causation). 

Initiation of Countervailing Duty 

Investigation 

Section 702(b) of the Act requires the 

Department to initiate a CVD proceeding 

whenever an interested party files a 

petition on behalf of an industry that: 

(1) Alleges the elements necessary for an 

imposition of a duty under section 

701(a) of the Act; and (2) is 

accompanied by information reasonably 

available to the petitioner(s) supporting 

the allegations. 

The Department has examined the 

CVD petition on standard steel fasteners 

from the PRC and finds that it complies 

with the requirements of section 702(b) 

of the Act. Therefore, in accordance 

with section 702(b) of the Act, we are 

initiating a CVD investigation to 

determine whether manufacturers, 

producers, or exporters of standard steel 

fasteners in the PRC receive 

countervailable subsidies. For a 

discussion of evidence supporting our 

initiation determination, see Initiation 

Checklist. 

We are including in our investigation 

the following programs alleged in the 

Petition to have provided 

countervailable subsidies to producers 

and exporters of the subject 

merchandise in the PRC: 

A. Preferential Loans and Interest Rates 

1. Policy Loans to Chinese Fasteners 

Producers 

2. Export Loans 

3. Preferential Lending to Fasteners 

Producers and Exporters Classified 

as ‘‘Honorable Enterprises’’ 

4. Preferential Loans as Part of the 

Northeast Revitalization Program 

B. Government Provision of Goods or 

Services for Less Than Adequate 

Remuneration (‘‘LTAR’’) 

1. Wire Rod for LTAR 

2. Hot-Rolled Steel for LTAR 

3. Zinc for LTAR 

4. Land-Use Rights for LTAR 

C. Income and Other Direct Taxes 

1. Income Tax Credits for 

Domestically Owned Companies 

Purchasing Domestically Produced 

Equipment 

2. Preferential Income Tax Policy for 

Enterprises in the Northeast Region 

3. Forgiveness of Tax Arrears for 

Enterprises in the Old Industrial 

Bases of Northeast China 

D. Indirect Tax and Tariff Exemption 

Programs 

1. Export Incentive Payments 

Characterized as ‘‘VAT Rebates’’ 

2. Import Tariff and VAT Exemptions 

for Foreign Invested Enterprises 

(‘‘FIEs’’) and Certain Domestic 

Enterprises Using Imported 

Equipment in Encouraged 

Industries 

E. Preferential Income Tax Subsidies for 

FIEs 

1. ‘‘Two Free, Three Half’’ Tax 

Exemptions for FIEs 

2. Income Tax Exemption Program for 

Export-Oriented FIEs 

3. Local Income Tax Exemption and 

Reduction Programs for 

‘‘Productive’’ FIEs 

4. Preferential Tax Programs for FIEs 

Recognized as High or New 

Technology Enterprises 

5. Income Tax Subsidies for FIEs 

Based on Geographic Location 

6. VAT Refunds for FIEs Purchasing 

Domestically Produced Equipment 

F. Direct Grants 

1. ‘‘Five Points, One Line’’ Program 

2. Export Interest Subsidies 

3. The State Key Technology 

Renovation Project Fund 

4. Export Assistance Grants in 

Zhejiang Province 

5. Subsidies for Development of 

Famous Export Brands and China 

World Top Brands 

6. Sub-Central Government Programs 

to Promote Famous Export Brands 

and China World Top Brands 

7. Programs to Rebate Antidumping 

Legal Fees in Zhejiang and 

Shenzhen Province 

For further information explaining why 

the Department is investigating these 

programs, see Initiation Checklist. 

We are not including in our 

investigation the following programs 

alleged to benefit producers and 

exporters of subject merchandise in the 

PRC: 

1. Preferential Loans for Key Projects 

and Technologies 

In its Petition, Petitioner asserted that 

some fasteners producers located in 

Northeastern China may benefit from 

preferential loans given to their steel 

suppliers. However, Petitioner did not 

file an adequate upstream subsidy 

allegation, nor did Petitioner allege that 

fasteners producers would be eligible to 

receive preferential loans under this 

program directly. Furthermore, in its 

October 7, 2009 supplemental response, 

Petitioner allows that it is unlikely that 

fasteners producers benefited from this 

program. Accordingly, we do not plan 

on investigating this program. 

2. Electricity for LTAR 

Petitioner alleges that the Government 

of the PRC (‘‘GOC’’) is providing a 

financial benefit of electricity for less 

than adequate remuneration to steel 

producers, and that fasteners producers 

receive an associated downstream 

benefit within the meaning of Section 

771(5)(D)(iii) of the Act. The financial 

contribution as alleged by Petitioner is 

an upstream subsidy. Petitioner has not 

supported the allegation and, 

consequently, we do not plan to 

investigate this program. 

3. Fixed Assets Investment Orientation 

Regulatory Tax 

Petitioner claims that producers of 

fasteners in the PRC are exempted from 

or receive preferential income tax rates 

on investments in fixed assets. 

Petitioner has not provided information 

to demonstrate that fasteners producers 

would be covered by the relevant 

legislation. For example, the legislation 

relating to this program includes 

specific aspects of the iron and steel 

production process that are eligible for 

tax benefits, but it does not include any 

processes related to production of 

fasteners. Accordingly, we do not plan 


dcolon on DSK2BSOYB1PROD with NOTICES
54546 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 

2See Certain Kitchen Shelving and Racks from 

the People’s Republic of China: Final Affirmative 

Countervailing Duty Determination, 74 FR 37012 

(July 27, 2009), and accompanying Issues and 

Decision Memorandum at 18. 

on investigating this program. However, 

if one of the mandatory respondents 

chosen in this investigation is part of a 

vertically integrated steel company, or 

cross-owned with a primary steel 

producer, Petitioner may re-allege this 

program under a timely filed new 

subsidy allegation, at which time the 

Department will reconsider the 

information provided. Accordingly, we 

do not plan on investigating this 

program. 

4. Tax Reduction for Enterprises Making 

Little Profit 

According to the PRC’s World Trade 

Organization subsidies notification, 

enterprises with annual taxable incomes 

between Renminbi (‘‘RMB’’) 30,000 and 

100,000 are eligible for a three percent 

reduction in their annual income tax 

rate. Petitioner has not established with 

reasonably available information that 

‘‘enterprises making little profit’’ are a 

de jure specific group because Petitioner 

has provided no explanation of why 

companies with access to this program 

comprise an enterprise or industry, or 

group of enterprises or industries within 

the meaning of Section 771(5A) of the 

Act. Consequently, we do not plan on 

investigating this program. 

5. Income Tax Exemption for 

Investment in Domestic ‘‘Technological 

Renovation’’ 

Petitioner alleges that, pursuant to the 

Technological Renovation of Domestic 

Equipment Corporate Income Tax 

Exemption Notice, the State Tax 

Administration provides a tax credit to 

enterprises for a certain portion of 

investment in any domestically 

produced equipment that relates to 

technology updates. However, in the 

final determination of certain kitchen 

appliance shelving and racks from the 

PRC, the Department investigated this 

program and found that it does not 

exist.2 Consequently, we do not plan on 

investigating this program. 

6. China’s Enforced Undervaluation of 

Its Currency 

Petitioner alleges that the GOCmaintained exchange rate effectively 

prevents the appreciation of the Chinese 

currency (RMB) against the U.S. dollar. 

Therefore, when producers/exporters in 

the PRC sell their dollars at official 

foreign exchange banks, as required by 

law, the producers receive more RMB 

than they otherwise would if the value 

of the RMB were set by market 

mechanisms. Petitioner describes the 

benefit conferred as the excess of RMB 

received, over what would have been 

received at a market rate (‘‘excess 

RMB’’) and alleges specificity within the 

meaning of Section 771(5A)(B) of the 

Act by virtue of the fact that ‘‘* * * 

there is a direct and positive correlation 

between the export activity/export 

earnings and the amount of subsidy 

received.’’ Section 771(5A)(B) of the Act 

describes an export subsidy as ‘‘* * * a 

subsidy that is, in law or fact, 

contingent upon export performance, 

alone or as 1 of 2 or more conditions.’’ 

Petitioner has failed to sufficiently 

allege that the receipt of the excess RMB 

is contingent on export or export 

performance because receipt of the 

excess RMB is independent of the type 

of transaction or commercial activity for 

which the dollars are converted or of the 

particular company or individuals 

converting the dollars. Therefore, we do 

not plan on investigating this program 

because Petitioner has failed to properly 

allege the specificity element. 

Respondent Selection 

For this investigation, the Department 

expects to select respondents based on 

U.S. Customs and Border Protection 

(‘‘CBP’’) data for U.S. imports during the 

POI. We intend to release the CBP data 

under Administrative Protective Order 

(‘‘APO’’) to all parties with access to 

information protected by APO within 

five days of the announcement of the 

initiation of this investigation. 

Interested parties may submit comments 

regarding the CBP data and respondent 

selection within seven calendar days of 

publication of this notice. We intend to 

make our decision regarding respondent 

selection within 20 days of publication 

of this Federal Register notice. 

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 Department’s Web 

site at http://ia.ita.doc.gov/apo. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A)(i) of the Act, a copy of the 

public version of the Petition has been 

provided to the Government of the PRC. 

As soon as and to the extent practicable, 

we will attempt to provide a copy of the 

public version of the Petition to each 

exporter named in the Petition, 

consistent with section 351.203(c)(2) of 

the Department’s regulations. 

ITC Notification 

We have notified 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 25 days after the date on which 

it receives notice of the initiation, 

whether there is a reasonable indication 

that imports of subsidized standard steel 

fasteners from the PRC are causing 

material injury, or threatening to cause 

material injury, to a U.S. industry. See 

section 703(a)(2) of the Act. A negative 

ITC determination will result in the 

investigation being terminated; 

otherwise, the investigation will 

proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I—Scope of Investigation 

The merchandise covered by the 

investigation consists of certain standard 

nuts, standard bolts, and standard cap 

screws, of steel other than stainless steel. 

Standard nuts, standard bolts, and standard 

cap screws covered by the investigation may 

have a variety of finishes, including but not 

limited to coating in paint, phosphates, and 

zinc. Standard bolts and standard cap screws 

covered by the investigation have a shank or 

thread with an actual and/or nominal 

diameter between 6 millimeters and 32 

millimeters (inclusive). Standard bolts and 

standard cap screws covered by the 

investigation also possess a circular or 

hexagonal head, the surface of which may be 

flat or rounded (also known as ‘‘domeshaped’’ or ‘‘button-headed’’). Standard bolts 

covered by the investigation may have an 

attached washer face or the equivalent (e.g., 

a flanged head or chamfered corners on the 

underside of a fastener with a hexagonalshaped head). Standard cap screws covered 

by the investigation have a permanentlyattached washer face. Standard nuts are 

covered by the investigation if they are 

suitable for attachment to bolts and/or cap 

screws covered by the investigation. 

Standard bolts, standard cap screws, and 

standard nuts are covered by the 

investigation whether imported alone, 

attached to other subject and/or non-subject 

merchandise (e.g., tension control 

assemblies), or unattached and in 

combination with other subject merchandise 

and/or non-subject merchandise. 

Standard nuts, standard bolts, and 

standard cap screws meet the requirements of 

one or more nationally recognized consensus 

industry standard specifications (including 

but not limited to those referenced below). 

Subject merchandise is typically certified to 

the specifications published by one or more 

consensus standards organizations such as 

the following: the American Society for 

Testing and Materials (ASTM), the Society of 

Automotive Engineers (SAE), the 

International Organization for 

Standardization (ISO), and the Industrial 

Fasteners Institute. Common specifications to 

which subject merchandise is certified 


dcolon on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 54547 

1Such commodity matchbooks are also referred 

to as ‘‘for resale’’ because they always enter into 

retail channels, meaning businesses that sell a 

general variety of tangible merchandise, e.g., 

convenience stores, supermarkets, dollar stores, 

drug stores and mass merchandisers. 

include, but are not limited to: ASTM A194, 

ASTM A307, ASTM A325, ASTM A325M, 

ASTM A354, ASTM A449, ASTM A490, 

ASTM A563, ASTM F568M, ASTM F1852, 

ASTM F2280, SAE J429, SAE J1199, ISO 

898–1, ISO 898–2, ISO 4759–1, ISO 8992, 

and comparable foreign and domestic 

specifications (including, but not limited to, 

metric versions of specifications such as 

those listed above). 

Excluded from the scope of the 

investigation are bolts, cap screws, and nuts 

produced for an original equipment 

manufacturer (OEM) part number specific to 

any ‘‘automobile’’ as defined in 49 U.S.C. 

Section 32901(a)(3), any ‘‘work truck’’ as 

defined in 49 U.S.C. Section 32901(a) (19), or 

any ‘‘medium-duty passenger vehicle’’ as 

defined in 40 C.F.R. Section 86.1803–01 

(2009). 

Also excluded from the scope of the 

investigation are bolts, cap screws, and nuts 

produced for an OEM part number specific 

to any ‘‘aircraft’’ as defined in 14 CFR 1.1 

(2009). 

Also excluded from the scope of the 

investigation are track bolts. Track bolts have 

a circular, rounded head and a shank which, 

immediately beneath the head, possesses an 

oval or elliptical shape, such that the nonround shape would restrict rotational 

movement of the bolt. Also excluded from 

the scope of the investigation are carriage 

bolts. Carriage bolts have a circular, rounded 

head and a shank which, immediately 

beneath the head, possesses a non-round 

shape (e.g., square, finned), such that the 

non-round shape would restrict rotational 

movement of the bolt. Also excluded from 

the scope of the investigation are socket 

screws. Socket screws have a head with a 

recessed cavity into which a shaped bit may 

be inserted to turn and drive the fastener. 

Unless explicitly excluded from the scope 

of the investigation, bolts, cap screws, and 

nuts meeting the description of subject 

merchandise are covered by the 

investigation. 

Merchandise covered by the investigation 

is classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) under 

subheadings: 7318.15.2030, 7318.15.2055, 

7318.15.2065, 7318.15.8065, 7318.15.8085, 

and 7318.16.0085. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the merchandise under the 

investigation is dispositive. 

[FR Doc. E9–25197 Filed 10–21–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–849] 

Commodity Matchbooks From India: 

Final Affirmative Countervailing Duty 

Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

commodity matchbooks from India. For 

information on the estimated subsidy 

rates, see the ‘‘Suspension of 

Liquidation’’ section of this notice. 

EFFECTIVE DATE: October 22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sean Carey or Dana Mermelstein, AD/ 

CVD Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3964 and (202) 

482–1391, respectively. 

SUPPLEMENTARY INFORMATION: 

Period of Investigation 

The period for which we are 

measuring subsidies, i.e., the period of 

investigation (POI), is January 1, 2007 

through December 31, 2007. 

Case History 

The following events have occurred 

since the publication of the 

Department’s preliminary determination 

in the Federal Register. See Commodity 

Matchbooks from India: Preliminary 

Affirmative Countervailing Duty 

Determination and Alignment of Final 

Countervailing Duty Determination with 

Final Antidumping Duty Determination, 

74 FR 15444 (April 6, 2009). The 

Department conducted a verification of 

the Government of India’s (GOI) 

questionnaire responses regarding the 

administration of the Export Promotion 

Capital Goods Scheme (EPCGS) on May 

4, 2009, in New Delhi, India. See 

Memorandum to Dana Mermelstein, 

Program Manager for AD/CVD 

Operations, Office 6, from Sean Carey, 

Case Analyst, AD/CVD Operations, 

Office 6, ‘‘Verification of the 

Questionnaire Responses Submitted by 

the Government of India,’’ dated August 

7, 2009. On May 5 through 8, 2009, the 

Department verified the information 

submitted by the sole respondent in this 

investigation, Triveni Safety Matches 

Pvt. Ltd. (Triveni), at its corporate 

headquarters in Mumbai, India. See 

Memorandum to Dana Mermelstein, 

Program Manager for AD/CVD 

Operations, Office 6, from Sean Carey, 

Case Analyst, AD/CVD Operations, 

Office 6, ‘‘Verification of the 

Questionnaire Responses Submitted by 

Triveni Safety Matches Pvt. Ltd.,’’ dated 

August 7, 2009. The Department 

released its briefing schedule on August 

7, 2009, notifying all parties of the 

deadlines for submission of case and 

rebuttal briefs. No case briefs were filed 

by any of the interested parties. The 

memoranda cited above are available at 

the Department’s Central Records Unit 

(Room 1117 in the HCHB Building) 

(hereafter referred to as ‘‘CRU’’). 

Scope of the Investigation 

The scope of this investigation covers 

commodity matchbooks, also known as 

commodity book matches, paper 

matches or booklet matches.1

Commodity matchbooks typically, but 

do not necessarily, consist of twenty 

match stems which are usually made 

from paperboard or similar material 

tipped with a match head composed of 

any chemical formula. The match stems 

may be stitched, stapled or otherwise 

fastened into a matchbook cover of any 

material, on which a striking strip 

composed of any chemical formula has 

been applied to assist in the ignition 

process. 

Commodity matchbooks included in 

the scope of this investigation may or 

may not contain printing. For example, 

they may have no printing other than 

the identification of the manufacturer or 

importer. Commodity matchbooks may 

also be printed with a generic message 

such as ‘‘Thank You’’ or a generic image 

such as the American Flag, with store 

brands (e.g., Kroger, 7–Eleven, Shurfine 

or Giant); product brands for national or 

regional advertisers such as cigarettes or 

alcoholic beverages; or with corporate 

brands for national or regional 

distributors (e.g., Penley Corp. or 

Diamond Brands). They all enter retail 

distribution channels. Regardless of the 

materials used for the stems of the 

matches and regardless of the way the 

match stems are fastened to the 

matchbook cover, all commodity 

matchbooks are included in the scope of 

this investigation. All matchbooks, 

including commodity matchbooks, 

typically comply with the United States 

Consumer Product Safety Commission 

(CPSC) Safety Standard for Matchbooks, 

codified at 16 CFR § 1202.1 et seq. 

The scope of this investigation 

excludes promotional matchbooks, often 

referred to as ‘‘not for resale,’’ or 

‘‘specialty advertising’’ matchbooks, as 

they do not enter into retail channels 

and are sold to businesses that provide 

hospitality, dining, drinking or 

entertainment services to their 

customers, and are given away by these 

businesses as promotional items. Such 

promotional matchbooks are 

distinguished by the physical 


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