97-30399. Notice of Antidumping Duty Order: Collated Roofing Nails From the People's Republic of China

[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Notices]
[Pages 61729-61730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30399]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-850]


Notice of Antidumping Duty Order: Collated Roofing Nails From the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 19, 1997.

FOR FURTHER INFORMATION CONTACT: Everett D. Kelly or Brian Smith, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: [phone] or [phone], 
respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``the Department'') regulations are to 19 CFR 353, as codified on 
April 1, 1997.

Scope of Order

    The product covered by this investigation is collated roofing nails 
(``CRN'') made of steel, having a length of \13/16\ inch to 1\13/16\ 
inches (or 20.64 to 46.04 millimeters), a head diameter of 0.330 inch 
to 0.415 inch (or 8.38 to 10.54 millimeters), and a shank diameter of 
0.100 inch to 0.125 inch (or 2.54 to 3.18 millimeters), whether or not 
galvanized, that are collated with two wires.
    CRN within the scope of this investigation are classifiable under 
the Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 7317.00.55.06. Although the HTSUS subheadings are provided 
for convenience and customs purposes, our written description of the 
scope of this investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, on 
September 24, 1997, the Department made its final determination that 
CRN from the PRC are being sold at less than fair value (62 FR 51410-
419, October 1, 1997). On November 12, 1997, the International Trade 
Commission (``ITC'') notified the Department of its final 
determination, pursuant to section 735(b)(1)(A)(ii) of the Act, that an 
industry in the United States is threatened with material injury by 
reason of imports of the subject merchandise from the PRC and Taiwan. 
The ITC did not determine, pursuant to section 735(b)(4)(B) of the Act, 
that, but for the suspension of liquidation of entries of the subject 
merchandise, the domestic industry would have been materially injured.
    When the ITC finds threat of material injury, and makes a negative 
``but for'' finding under section 735 (b)(4)(B) of the Act, the 
``Special Rule'' provision of section 736(b)(2) applies. Therefore, 
only unliquidated entries of CRN from the PRC, entered or withdrawn 
from warehouse, for consumption on or after the date on which the ITC 
published its notice of final determination of threat of material 
injury in the Federal Register are liable for the assessment of 
antidumping duties. Accordingly, the Department will direct the Customs 
Service to terminate the suspension of liquidation for entries of CRN 
from the PRC entered, or withdrawn from warehouse, for consumption 
before the date on which the ITC published its notice of final 
determination of threat of material injury in the Federal Register, and 
to release any bond or other security, and refund any cash deposit, 
posted to secure the payment of estimated antidumping duties with 
respect to these entries.
    In accordance with section 736 of the Act, the Department will 
direct United States Customs officers to assess, upon further advice by 
the administering authority pursuant to section 736(a)(1) of the Act, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price or constructed export price of 
merchandise for all relevant entries of CRN from the PRC except for 
imports manufactured and exported by Shenzhen Top United Steel Co., 
Ltd. (``Top United'') or Qingdao Zongxun Nail Products Co., Ltd. 
(``Zongxun''). All bonds may be released and entries of Top United and 
Zongxun may be liquidated without regard to antidumping duties. For all 
other manufacturers/exporters, antidumping duties will be assessed on 
all

[[Page 61730]]

unliquidated entries of CRN from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date on which the ITC 
published its final affirmative determination notice in the Federal 
Register. On or after the date of publication of this notice in the 
Federal Register, U.S. Customs officers must require, at the same time 
as importers would normally deposit estimated duties, the following 
cash deposits for the subject merchandise:
    The ad valorem weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
PRC-wide Rate..............................................       118.41
------------------------------------------------------------------------

    Allegations of ministerial errors were made with respect to the 
Department's final determination for CRN from the PRC. Upon review, the 
Department determined that these allegations were without merit. 
Therefore, no amendments to the final determination were necessary.
    This notice constitutes the antidumping duty order with respect to 
CRN from the PRC. The Department is excluding from the application of 
the order products from the PRC that are manufactured and sold to the 
United States by Top United or Zongxun.
    Interested parties may contact the Central Records Unit, Room B-099 
of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act.

    Dated: November 14, 1997.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-30399 Filed 11-18-97; 8:45 am]
BILLING CODE 3510-DS-P