Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### International Trade Administration

          - [A-520-804]

# AGENCY:

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

# SUMMARY:

As a result of the determination by the Department of Commerce (Department) and the International Trade Commission (ITC) that revocation of the antidumping duty order on certain steel nails (nails) from the United Arab Emirates (UAE) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order on nails from the UAE.

# DATES:

Applicable October 19, 2017.

# FOR FURTHER INFORMATION CONTACT:

Annathea Cook, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0250.

# SUPPLEMENTARY INFORMATION:

## Background

                    On March 23, 2012, the Department published in the                     **Federal Register**                     its final determination in the less-than-fair value investigation of nails from the UAE.[1]                                          On May 10, 2012, following an affirmative injury determination by the International Trade Commission (ITC), the Department published its amended final determination and the antidumping duty                     *Order*                     on nails from the UAE.[2] 

                    On April 3, 2017, the Department published the notice of initiation of the first sunset review of the                     *Order*, pursuant to section 751(c) of the Tariff Act of 1930, as amended (Act). The Department conducted the sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a complete an adequate response from a domestic interested party, but no substantive responses from respondent interested parties.[3]                                          As a result of its expedited sunset review, the Department determined that revocation of the                     *Order*                     would likely lead to a continuation or recurrence of dumping.[4]                                          The Department, therefore, notified the ITC of the magnitude of the margins likely to prevail should the                     *Order*                     be revoked. On October 5, 2017, the ITC published notice of its determination,                           ( print page 48682)                        pursuant to section 751(c) of the Act, that revocation of the                     *Order*                     on nails from the UAE would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.[5] 

## Scope of the Order

                    The merchandise covered by this                     *Order*                     includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. 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 have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot-dipping one or more times), phosphate cement, and paint. 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 shank styles. Screw-threaded nails subject to this                     *Order*                     are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Certain steel nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire.                

                    Certain steel nails subject to this                     *Order*                     are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, and 7317.00.75.                

                    Excluded from the scope of this                     *Order*                     are steel nails specifically enumerated and identified in ASTM Standard F 1667 (2011 revision) as Type I, Style 20 nails, whether collated or in bulk, and whether or not galvanized.                

                    Also excluded from the scope of this                     *Order*                     are the following products:                
    - Non-collated ( i.e.,                      hand-drive or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500″ to 8″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual washer or cap diameter of 0.900″ to 1.10″, inclusive;                
    - non-collated ( i.e.,                      hand-drive or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 4″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive;                
    - wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 1.75″, inclusive; an actual shank diameter of 0.116″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive;
    - non-collated ( i.e.,                      hand-drive or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75″ to 3″, inclusive; an actual shank diameter of 0.131″ to 0.152″, inclusive; and an actual head diameter of 0.450″ to 0.813″, inclusive;                
    - corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side;
    - thumb tacks, which are currently classified under HTSUS 7317.00.10.00;
    - fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS 7317.00.20 and 7317.00.30;
    - certain steel nails that are equal to or less than 0.0720 inches in shank diameter, round or rectangular in cross section, between 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive; and
    - fasteners having a case hardness greater than or equal to 50 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, suitable for use in gas-actuated hand tools. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order                      is dispositive.                

## Continuation of the Order

                    As a result of the determinations by the Department and the ITC that revocation of the                     *Order*                     would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the                     *Order*                     on certain steel nails from the UAE. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise.                

                    The effective date of the continuation of the                     *Order*                     will be the date of publication in the                     **Federal Register**                     of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the                     *Order*                     not later than 30 days prior to the fifth anniversary of the effective date of continuation.                

This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

Dated: October 12, 2017.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.

# Footnotes

1.                                                     *See Certain Steel Nails from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value*, 77 FR 17029 (March 23, 2012).                    
        Back to Citation      

2.                                                     *See Certain Steel Nails from the United Arab Emirates: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order*, 77 FR 27421 (May 10, 2012) (                        *Order*).                    
        Back to Citation      

3.                                                     *See Initiation of Five-Year (Sunset) Reviews*, 82 FR 16159 (April 3, 2017).                    
        Back to Citation      

4.                                                     *See Certain Steel Nails from the United Arab Emirates Final Results of the Expedited Sunset Reviews of the Antidumping Duty Order*, 82 FR 36731 (August 7, 2017).                    
        Back to Citation      

5.                                                     *See*                         Certain Steel Nails from the United Arab Emirates Nos. 731-TA-1185 (Review), USITC Publication 4729 (September 2017).                    
        Back to Citation      

[FR Doc. 2017-22684 Filed 10-18-17; 8:45 am]

 BILLING CODE 3510-DS-P