Petition Summary: Certain Steel Nails from India, Oman, Sri Lanka, Thailand and Turkey | Husch Blackwell LLP

On December 29, 2021, Mid Continent Steel & Wire, Inc. (“Mid Continent” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on imports of certain steel nails from India, Sri Lanka, Thailand and Turkey. Additionally, the petition alleges that imports of certain steel nails from Oman are unfairly subsidized and requests the imposition of countervailing duties.

Scope of investigation

The merchandise covered by this investigation is certain steel nails having a nominal shaft or shank length not exceeding 12 inches. Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel or long-rolled flat steel bars. Certain steel nails may be of one piece construction or constructed of two or more pieces. Examples of nails constructed of two or more pieces include, but are not limited to, masonry anchors comprised of an anchor made of zinc or nylon and a steel nail; zinc anchors; crimp drive anchors; split-drive anchors, and strike pin anchors. Also included in the scope are anchors of one piece construction.

Certain steel nails may be produced from any type of steel, and may have any type of surface finish, head type, shank, point type and shaft diameter. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, including but not limited to electroplating or hot dipping one or more times), phosphate, cement, and paint. Certain steel nails may have one or more surface finishes. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank or shaft styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted.

Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the nail using a tool that engages with the head. Point styles include, but are not limited to, diamond, needle, chisel and blunt or no point. Certain steel nails may be sold in bulk, or they may be collated in any manner using any material.

Excluded from the scope are certain steel nails packaged in combination with one or more non-subject articles, if the total number of nails of all types, in aggregate regardless of size, is less than 25. If packaged in combination with one or more non-subject articles, certain steel nails remain subject merchandise if the total number of nails of all types, in aggregate regardless of size, is equal to or greater than 25, unless otherwise excluded based on the other exclusions below.

Also excluded from the scope are certain steel nails with a nominal shaft or shank 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.

Also excluded from the scope of this investigation are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.20.00 and 7317.00.30.00.

Also excluded from the scope of this investigation are nails having a case hardness greater than or equal to 50 on the Rockwell Hardness C scale (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.

Also excluded from the scope of this investigation are corrugated nails. A corrugated nail is made up of a small strip of corrugated steel with sharp points on one side.

Also excluded from the scope of this investigation are thumb tacks, which are currently classified under HTSUS subheading 7317.00.10.00.

Also excluded from the scope are decorative or upholstery tacks.

Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

Petitioners

Mid Continent Steel & Wire, Inc.

2700 Central Street

Poplar Bluff, MO 63901

T: (800) 867-6245

F: (573) 778-3211

W: http://www.magnumfasteners.com

Contact: Mr. Luis Eugenio Leal

Counsel for Petitioners

Rosa S. Jeong

GREENBERG TRAURIG LLP

2101 L Street, NW, Suite 1000

Washington, DC 20037

Telephone: (202) 331-3100

Facsimile: (202) 331-3101

Named producers/exporters

For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I.

Named importers

For a list of importers alleged by Petitioner, please see Attachment II.

Estimated schedule

Event	Earliest date
Petition filed	December 29, 2021
DOC initiation	January 18, 2022
ITC preliminary investigation:
Questionnaires due	January 12, 2022
Request to appear at hearing	January 17, 2022
Hearing	January 19, 2022
Briefs	January 24, 2022
ITC vote	February 14, 2022
DOC investigation schedule:
DOC preliminary antidumping determination	June 7, 2022
DOC preliminary countervailing determination	March 24, 2022
DOC final antidumping determination	August 22, 2022
DOC final countervailing determination	June 7, 2022
ITC final investigation:
ITC final AD determination	October 5, 2022
ITC final CVD determination	July 22, 2022

Alleged dumping margins

India: 65.70% – 98.12%

Sri Lanka: 33.46% – 99.33%

Thailand: 63.86% – 65.28%

Turkey: 31.78% – 35.98%

Alleged subsidies

For a list of alleged countervailing duty programs, please see Attachment III.

Imports of subject merchandise

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