[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45266-45267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20800]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-818]


Certain Steel Nails From the Socialist Republic of Vietnam: Final 
Results of Antidumping Duty Administrative Review; 2014-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 6, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain steel nails from the Socialist 
Republic of Vietnam. The review covers Truong Vinh Ltd. (Truong Vinh), 
Rich State, Inc. (Rich State), and Dicha Sombrilla Co., Ltd. (Dicha 
Sombrilla). The period of review (POR) is December 29, 2014, through 
June 30, 2016. We invited interested parties to comment on our 
preliminary results. No parties commented, and our final results remain 
unchanged from our preliminary results. The final results are listed in 
the section entitled ``Final Results of Review,'' below.

DATES: Effective September 28, 2017.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Chelsey Simonovich, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-1979, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2017, the Department published the preliminary results 
of this review in the Federal Register.\1\ We invited parties to 
comment on the Preliminary Results. No parties submitted case or 
rebuttal briefs.
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    \1\ See Certain Steel Nails from the Socialist Republic of 
Vietnam: Preliminary Results and Partial Recission of the 
Antidumping Duty Administrative Review; 2014-2016, 82 FR 26050 (June 
6, 2017) (Preliminary Results).
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Scope of the Order

    The merchandise covered by this order is certain steel nails having 
a nominal shaft 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. Certain steel nails may be of one 
piece construction or constructed of two or more pieces. 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 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 of this order 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 length of one inch or less that are (a) a component of an 
unassembled article, (b) the total number of nails is sixty (60) or 
less, and (c) 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 order are steel nails that 
meet the specifications of Type I, Style 20 nails as identified in 
Tables 29 through 33 of ASTM Standard F1667 (2013 revision).
    Also excluded from the scope of this order are nails suitable for 
use in powder-actuated hand tools, whether or not threaded, which are 
currently classified under HTSUS subheadings 7317.00.20.00 and 
7317.00.30.00.
    Also excluded from the scope of this order are nails having 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

[[Page 45267]]

symmetrical point, suitable for use in gas-actuated hand tools.
    Also excluded from the scope of this order 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 order are thumb tacks, which 
are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to this order are currently classified 
under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain 
steel nails subject to these orders also may be classified under HTSUS 
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.

Final Results of Review

    The Department received no comments concerning the Preliminary 
Results. Accordingly, the Department continues to determine that the 
following weighted-average dumping margins exist for these final 
results:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                         Company                              dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Dicha Sombrilla Co., Ltd................................          323.99
Rich State, Inc.........................................          323.99
Truong Vinh Ltd.........................................          323.99
------------------------------------------------------------------------

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed for the final results within five days of the 
publication of this notice, in accordance with 19 CFR 351.224(b). 
However, because we made no changes to these margins since the 
Preliminary Results, no disclosure of calculations is necessary for 
these final results.

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
the Department has determined, and Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this 
administrative review in the Federal Register.
    Consistent with the Department's assessment practice in non-market 
economy (NME) cases, for entries that were not reported in U.S. sales 
databases submitted by companies individually examined during the 
administrative review, the Department will instruct CBP to liquidate 
such entries at the Vietnam-wide rate. Additionally, if the Department 
determines that an exporter under review had no shipments of subject 
merchandise, any suspended entries that entered under the exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
Vietnam-wide rate.\2\
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    \2\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Truong Vinh, 
Rich State, and Dicha Sombrilla, the cash deposit rate will be equal to 
the weighted-average dumping margin listed above; (2) for previously 
investigated or reviewed Vietnamese and non-Vietnamese exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the exporter-
specific rate published for the most-recently completed segment of this 
proceeding in which the exporter was reviewed; (3) for all Vietnamese 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be that 
established for the Vietnam-wide entity, which is 323.99 percent; \3\ 
and (4) for all non-Vietnamese exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the Vietnamese exporter that supplied that non-
Vietnamese exporter with the subject merchandise. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \3\ Certain Steel Nails from the Socialist Republic of Vietnam: 
Final Determination of Sales at Less Than Fair Value, 80 FR 29622 
(May 22, 2015).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: September 22, 2017.
Carole Showers,
Executive Director, Office of Policy, Performing the Duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-20800 Filed 9-27-17; 8:45 am]
 BILLING CODE 3510-DS-P