Malaysia, Oman and Vietnam Steel Nails: Commerce Issues Final AD Duty Determinations
The Commerce Department issued its final determinations in the antidumping duty investigations on steel nails from Malaysia (A-557-816), Oman (A-523-808) and Vietnam (A-552-818) (here). The agency made changes to cash deposit requirements for these countries that will take effect for subject merchandise entered on or after May 20.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for June 27. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
(Commerce also found illegal subsidization in its concurrent countervailing duty investigation on steel nails from Vietnam, see 1505190018.)
Commerce Sets New Exemption from Duties
In its final determinations, Commerce is adopting a new exemption from the scope of AD duties on steel nails from Malaysia, Oman and Vietnam for certain nails imported as components of larger unassembled articles, as follows:
"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."
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation of steel nails from entered on or after Dec. 29, and require an AD duty cash deposit equal to the following AD rates:
Malaysia
| Exporter | AD Rate |
|---|---|
| Inmax Sdn. Bhd. | 39.35% (from 2.14%) |
| Region International Co. Ltd. and Region System Sdn. Bhd. | 2.61% (from 2.56%) |
| Tag Fasteners Sdn. Bhd. | 39.35% (from 29.35%) |
| All others | 2.61% (from 2.2%) |
Oman
| Manufacturer/Exporter | AD Rate |
|---|---|
| Oman Fasteners, LLC | 9.1% (from 9.07%) |
| All Others | 9.1% (from 9.07%) |
Vietnam
| Exporter | Producer | AD Rate (adjusted) |
|---|---|---|
| Kosteel Vina Co. Ltd. | Kosteel Vina Co. Ltd. | 290.4% (from 98.65%) |
| Vietnam-wide Entity* | 290.4% |
*The Vietnam-wide entity includes all other Vietnamese companies, including Region Industries Co., Ltd., United Nail Products Co., Ltd., Cong Ty Tnhh Cong Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and Simone Accessories Collection.
(Cash deposit rates for Vietnam are adjusted to account for export subsidies found in the final CV duty determination.)
(The period of investigation is 04/01/13 -- 03/31/14 for Malaysia and Oman, and 10/01/13 -- 03/31/14 for Vietnam. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1412240008 for summary of the preliminary determinations from these investigations.)
The notice for Malaysia is (here).
The notice for Oman is (here).
Email ITTNews@warren-news.com for a copy of the final determination from Vietnam, which has yet to be scheduled for publication in the Federal Register.
(Federal Register 05/20/15)