[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48681-48682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22684]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Continuation 
of Antidumping Duty Order

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\
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    \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).
    \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).
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    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,

[[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
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    \3\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 16159 
(April 3, 2017).
    \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).
    \5\ See Certain Steel Nails from the United Arab Emirates Nos. 
731-TA-1185 (Review), USITC Publication 4729 (September 2017).
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    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:
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> corrugated nails. A corrugated nail is made of a small 
strip of corrugated steel with sharp points on one side;
    <bullet> thumb tacks, which are currently classified under HTSUS 
7317.00.10.00;
    <bullet> 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;
    <bullet> 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
    <bullet> 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.
[FR Doc. 2017-22684 Filed 10-18-17; 8:45 am]
 BILLING CODE 3510-DS-P