Vietnam Steel Nails: CV Rates Skyrocket in Final Determination

(Commerce also issued a final affirmative determination in the companion antidumping duty investigation (see 1505190009).

CV Susp/Cash Deposit thru March 2

Commerce will instruct CBP to continue the suspension of liquidation of entries from Nov. 3, 2014, through March 2, 2015.

CV Liq Reinstated and No CV Cash Deposit as of March 3

Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits or bonds for subject merchandise entered on or after March 3, the expiration date of the "provisional measures" period during which Commerce can suspend liquidation without a CV duty order in place.

CV Liq to be Suspended Again & CV Cash Deposit Required if Order Issued

Commerce will issue a CV duty order, reinstate the suspension of liquidation, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the International Trade Commission issues a final affirmative injury determination (due by June 27).

(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the "gap period" of May 3 until the date an ITC final affirmative injury determination is published in the Federal Register.)

Commerce Sets New Exemption from Duties

In its final determinations, Commerce is adopting a new exemption from the scope of CV duties on steel nails from Vietnam for certain nails imported as components of larger unassebled 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."

(The period of investigation is 01/01/13 -- 12/31/13. See Commerce's notice for more information, including the scope of the order, detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 1410310019 for summary of the preliminary determination of this investigation.)

AD/CVD Operations contact -- Sergio Balbontin (202) 482-6478

(Federal Register 05/20/15)