Steel Nails from Seven Countries: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on steel nails from India, South Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam (A-533-859/C-533-860, A-580-874/C-580-875, A-557-816/C-557-817, A-523-808/C-523-809, A-583-854/C-583/855, A-489-820/C-489-821, A-552-818/C-552-819). The agency will determine whether imports of steel from these seven countries are being, or are likely to be, sold in the U.S. at less than fair value, and whether imports from these countries are being illegally subsidized.
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The AD period of investigation for Vietnam is Oct. 1, 2013, through March 31, 2014. The AD period of investigation all other investigated countries is April 1, 2013, through March 31, 2014. The CVD period of investigation for all countries is Jan. 1, 2013, through Dec. 31, 2013.
AD/CVD Respondent Selection
For its Vietnam AD duty investigation, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Vietnamese exporters that don't get a quantity and value questionnaire can still submit one. Commerce said it will post a copy of the quantity and value questionnaire on its website (here). Questionnaire responses are due July 2.
For its other AD duty investigations, Commerce said it will pick respondents based on CBP data. Comments on respondent selection in the AD duty investigations on steel nails from India, South Korea, Malaysia, Oman, Taiwan and Turkey are due July 2.
Commerce said it will rely on CBP data to pick the respondents for all of the CVD investigations, and will do so by July 15. Comments on respondent selection in the Commerce's CV duty investigations are due by June 30.
Scope of the AD/CVD Investigations
"The merchandise covered by these investigations 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. 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.
"Excluded from the scope of these investigations 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.
"Also excluded from the scope of these investigations 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 these investigations are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.20.00 and 7317.00.30.00.
"Also excluded from the scope of these investigations 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 symmetrical point, suitable for use in gas-actuated hand tools.
"Also excluded from the scope of these investigations 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 these investigations are thumb tacks, which are currently classified under HTSUS 7317.00.10.00.
"Certain steel nails subject to these investigations 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 investigations also may be classified under HTSUS subheading 8206.00.00.00.
"While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive."
Comments on Scope Due by July 8
Commerce said it discussed the scope with petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope are due by July 8.
Investigations Timetable
| Event | AD Case | CV Case |
|---|---|---|
| Petition filed | 05/29/14 | 05/29/14 |
| DOC initiation date | 06/18/14 | 06/18/14 |
| ITC prelim determination1 | 07/14/14 | 07/14/14 |
| DOC prelim determination2 | 11/05/14 | 08/22/14 |
| DOC final determination2 | 01/20/15 | 11/05/14 |
| ITC final determination3 | 03/05/15 | 12/22/14 |
| Issuance of orders4 | 03/12/15 | 12/29/14 |
1If the ITC makes a negative determination of injury, the investigations are terminated.
2These deadlines may be extended under the governing statute.
3This will take place only in the event of Commerce Department final affirmative determinations.
4This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 14053027 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
Commerce Department fact sheet available (here).
Initiation notice for the AD duty investigations (here).
Initiation notice for the CV duty investigations (here).