Background

A petition filed Dec. 29 alleges that steel nails from India, Sri Lanka, Thailand, and Turkey are being sold at less than fair value in the U.S. market and that steel nails from India, Oman, Sri Lanka, Thailand, and Turkey are benefiting from countervailable subsidies. The alleged average dumping margins are 65.7 to 98.12 percent for India, 33.46 to 98.76 percent for Sri Lanka, 63.86 to 65.28 percent for Thailand, and 31.78 to 35.98 percent for Turkey.

For more information, please contact attorney Kristen Smith at (202) 730-4965.

The products covered by this petition are steel nails having a nominal shaft or shank length not exceeding 12 inches. Subject nails include those made from round wire and those that are cut from flat-rolled steel or long-rolled flat steel bars. They may be of one-piece construction or constructed of two or more pieces (e.g., 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) Anchors of one-piece construction are included.
Subject 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. They may be sold in bulk or collated in any manner using any material.

Subject nails are currently classified in 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 and may also be classified under subheadings 7907.00.60.00 and 8206.00.00.00.

Excluded from the scope are the following.

- 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

- steel nails with a nominal shaft or shank length of one inch or less if there are no more than 60 of them and they are a component of an imported unassembled article that falls into one of the following 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 (except those classifiable as garden seats or camping equipment), (5) seats of cane, osier, bamboo, or similar materials, (6) other seats with wooden frames (except those of a kind used for aircraft or motor vehicles), (7) furniture (other than seats) of wood (except (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)

- nails suitable for use in powder-actuated hand tools, whether or not threaded

- nails having a case hardness greater than or equal to 50 on the Rockwell Hardness C scale, 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

- corrugated nails

- thumb tacks

- decorative or upholstery tacks

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

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