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New AD/CV Duties Sought On Steel Nails from Seven Countries

Monday, June 02, 2014
Sandler, Travis & Rosenberg Trade Report

A petition filed May 29 alleges that certain steel nails from India, Korea, Malaysia, Oman, Taiwan, Turkey and Vietnam are being sold at less than fair value and also benefit from countervailable subsidies. The alleged dumping margins are as follows.

Korea: 55.53% - 59.43%

India: 472.6% - 613.9%

Malaysia: 29.21% - 41.77%

Oman: 166.81%

Taiwan: 106.45%

Turkey: 48.02% - 124.69%

Vietnam: 115.29%

The items covered by the petition are steel nails having a shaft length not exceeding 12 inches; whether made from round wire or cut from plate; of one-piece construction or of two or more pieces. Subject nails may be produced from any type of steel and may have any type of surface finish, head type, shank, point type, shaft length and shaft diameter. Finishes include coating in vinyl, zinc (galvanized, including electroplating or hot dipping one or more times), phosphate cement and paint, and the nails may have one or more surface finishes. Head styles include flat, projection, cupped, oval, brad, headless, double, countersunk and sinker. Shank styles include 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 fastener using a tool that engages with the head. Point styles include diamond, blunt, needle, chisel and blunt, or no point.

Subject nails may be sold in bulk or may be collated in any manner using any material. They remain subject merchandise whether imported in packages consisting solely of subject merchandise or packaged or shipped in combination with non-subject articles, including pneumatic nail guns, hand tools and household tool kits. Subject nails are currently classified under HTSUS subheadings 7317.00.55, 7317.00.65 and 7317.00.75.

The following are excluded from the scope of the petition.

- steel roofing nails specifically certified at the time of entry to satisfy the specifications of certain Type I, Style 20 nails as identified in tables 29 through 33 of ASTM Standard F1667 (2013 revision)

- fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS subheadings 7317.00.20 and 7317.00.30

- fasteners having a case hardness greater than or equal to 50 HRC, a carbon content greater than or equal to 0.5%, 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

- corrugated nails (i.e., made of a small strip of corrugated steel with sharp points on one side)

- thumb tacks, which are currently classified under HTSUS 7317.00.1000

The International Trade Administration and the International Trade Commission will next determine whether to launch AD/CV duty and injury investigations, respectively, on the subject nails. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact trade counsel as soon as possible.

For more information contact Kristen Smith at (202) 730-4965 or Mark Ludwikowski at (202) 730-4967.

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