UAE Steel Nails: AD Initiation Phase Deadlines

The ITA will determine whether imports of steel nails from the UAE are being, or are likely to be, sold in the U.S. at less than fair value.

(See ITT’s Online Archives or 04/22/11 news, 11042226, for BP summary of the ITA's fact sheet on the initiation of this AD investigation.)

Comments on Respondent Selection due May 6

For this investigation, the ITA intends to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the period of investigation. The ITA invites comments regarding the CBP data and respondent selection by May 6, 2011.

Comments on Scope of AD Investigation due May 10

Comments on the scope of the AD duty investigations are due by May 10, 2011. (See scope below.)

Comments on Product Characteristics due May 10

The ITA is requesting comments from interested parties regarding the appropriate physical characteristics of certain steel nails to be reported in response to the AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant costs of production, as well as to develop appropriate product comparison criteria.

Comments on product characteristics to be reported in response to AD questionnaires must be submitted by May 10, 2011. (Rebuttal comments are due by May 17, 2011.)

Comments on Targeted Dumping due July 25

Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations by July 25, 2011 (i.e., no later than 45 days before the scheduled date of the ITA’s preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Scope of the AD Investigation

The merchandise covered by this investigation 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 investigation 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.

Excluded from the scope of this investigation are steel nails specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails, whether collated or in bulk, and whether or not galvanized.

Also excluded from the scope of this investigation are the following products:

• 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;
• 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, and whose packaging and packaging marking are clearly and prominently labeled “Roofing” or “Roof” nails;
• 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, and whose packaging and packaging marking are clearly and prominently labeled “Roofing” or “Roof” nails;
• 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, and whose packaging and packaging marking are clearly and prominently labeled “Roofing” or “Roof” nails;
• corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side;
• thumb tacks, which are currently classified under HTS 7317.00.10.00;
• fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTS 7317.00.20 and 7317.00.30;
• 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
• 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.

Certain steel nails subject to this investigation are currently classified under the Harmonized Tariff Schedule subheadings 7317.00.55, 7317.00.65, and 7317.00.75.

The ITA notes that while the HTS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

(See ITT’s Online Archives or 04/06/11 news, 11040626, for BP summary of the International Trade Commission's announcement of its institution of the companion injury investigation and its scheduling of the preliminary phase.)

ITA contact - Dmitry Vladimirov (202) 482-0665

(FR Pub 04/27/11, ITA Case No. A-520-804)