Taiwan Steel Nails: Commerce Finds Dumping, AD Rates Take Effect
The Commerce Department issued its final antidumping duty determination on steel nails from Taiwan (A-583-854) (here). In a change from its negative preliminary determination, Commerce found dumping of subject merchandise by Taiwanese exporters. As such, the agency will direct CBP to suspend liquidation and collect cash deposits of estimated AD duties for entries on or after May 20.
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However, Commerce continued to find a zero percent AD duty rate for Quick Advance. As such, subject merchandise from that company will be exempt from any AD duty order issued on steel nails from Taiwan, and will not be subject to any suspension of liquidation, cash deposit requirements, or AD duty assessment under the order.
Commerce will only issue an AD duty order making duties permanent If the ITC finds injury. The ITC's injury vote is scheduled for June 27. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
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 Taiwan 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."
CV Suspension of Liquidation and Cash Deposit Requirements
Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise from Taiwan (except for entries from Quick Advance) that are entered, or withdrawn from warehouse, for consumption on or after May 20, and require AD duty cash deposits at the rates listed below.
| Producer/Exporter | AD Rate |
|---|---|
| Quick Advance Inc. | zero |
| PT Enterprises Inc. | 2.24% |
| All Others | 2.24% |
(The period of investigation is 04/01/13 -- 03/31/14. See Commerce's notice for more information, including the scope of the order, detailed instructions on cash deposit and assessment rates, etc. See 1412240015 for summary of the preliminary negative determination in this investigation.)
AD/CVD Operations contact -- Victoria Cho (202) 482-5075
(Federal Register 05/20/15)