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ANTIDUMPING DUTY INVESTIGATION


the United Arab Emirates  steel wheels   Steel Nails from the United Arab Emirates  

PETITION: Petition
ITC Questionnaires: US Producers | US Importers | Foreign Producers DUE APRIL 14
DOC Information: Initiation Factsheet | Initiation


Case Nos.
ITC: 731-TA-1185
DOC: A-


Scope

The merchandise covered by this proceeding 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 proceeding 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.

If properly classified, certain steel nails subject to this proceeding are currently classified under the Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 7317.00.55, 7317.00.65 and 7317.00.75.

Excluded from the scope of this proceeding 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 proceeding are 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.

Also excluded from the scope of this proceeding are 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.”

Also excluded from the scope of this proceeding are 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.

Also excluded from the scope of this proceeding are 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.

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

Also excluded from the scope of this proceeding are thumb tacks, which, if properly classified, are currently classified under HTSUS 7317.00.10.00.

Also excluded from the scope of this proceeding are fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which, if properly classified, are currently classified under HTSUS 7317.00.20 and 7317.00.30.

Also excluded from the scope of this proceeding are 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.

Also excluded from the scope of this proceeding are 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.

While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive..

 
 
U.S. Department of Commerce Initiates Antidumping Duty Investigation into Steel Nails from the UAE 
On April 20, 2011, the U.S. Department of Commerce ("Commerce") initiated the Steel Nails antidumping investigation.  Commerce found steel nails dumping margins of 61.54% – 184.41%  for steel nails from the UAE. 

The U.S. International Trade Commission (ITC) is scheduled to make its preliminary injury determination on or about May 16, 2011.  If the ITC determines that there is a reasonable indication that steel nail imports from the UAE are materially injuring, or threatening material injury to, the domestic industry, the investigation will continue, and Commerce will be scheduled to make its preliminary determination in September 2011.

Petition for Antidumping and Countervailing Duty Investigations of Steel Nails from the United Arab Emirates

On March 31, 2011, Mid Continent Nail Corporation filed petitions with the U.S. International Trade Commission and U.S. Department of Commerce seeking antidumping and countervailing duty investigations into Steel Nails from the United Arab Emirates.   The petition alleges dumping margins of 66% to 79%.

For the purposes of AD investigations, dumping occurs when a foreign company sells a product in the United States at less than normal value.

The merchandise covered by these investigations is steel nails. (For a more detailed description of the scope, see the "Scope" description to the left.)

It is recommended that U.S. international trade counsel assist in defending against the injury allegation, defending against the dumping allegation, and generally responding to questionnaires sent by the U.S. International Trade Commission to UAE producers of steel nails, UAE exporters of steel nails, US importers of steel nails, and US purchasers of steel nails from the UAE.



Steel Nails Antidumping Duty Investigation Timeline:

EVENT AD INVESTIGATION
Petitions Filed March 31, 2011
DOC Initiation Date April 20, 2011
ITC Preliminary Determination* May 16, 2011
DOC Preliminary Determinations** September 7, 2011
DOC Final Determinations** November 21, 2011
ITC Final Determination*** January 5, 2012
Issuance of Orders**** January 12, 2012

* If the ITC makes a negative preliminary determination of injury, the investigations are terminated.
**These deadlines may be extended under the governing statute.
***This will take place only in the event of final affirmative determinations from Commerce.
****This will take place only in the event of final affirmative determinations from Commerce and the ITC.
 

                                                                                                          

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