ITC Investigation 701-TA-673 is a U.S. International Trade Commission antidumping (AD) proceeding on Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey; Inv. Nos. 701-TA-673-677 and 731-TA-1580-1583 (Final) from Sri Lanka, Turkey, Oman, India, and Thailand. It's in the final phase and currently in completed status. No AD/CVD order has been issued from this investigation yet — the case will appear here once Commerce publishes a final determination.
Phase, parties, documents, and full text from USITC IDS
Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey; Inv. Nos. 701-TA-673-677 and 731-TA-1580-1583 (Final)
Pending ITC investigation (final/completed) on "Steel Nails".
Parties
Documents
Full text (1,197,206 chars)
=== USITC Scheduling === 36882 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the review. A party granted access to BPI following publication of the Commission’s notice of institution of the review need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the review will be placed in the nonpublic record on September 22, 2022, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.— The Commission will hold a hearing in connection with these reviews beginning at 9:30 a.m. on October 13, 2022. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https:// www.usitc.gov/calendarpad/ calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before October 4, 2022. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on October 6, 2022. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party to the review may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is September 30, 2022. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is October 25, 2022. In addition, any person who has not entered an appearance as a party to the review may submit a written statement of information pertinent to the subject of the review on or before October 25, 2022. On November 17, 2022, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before November 21, 2022, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. The Commission has determined that these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C.1675(c)(5)(B). Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: June 14, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–13162 Filed 6–17–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–673–677 and 731–TA–1580–1583 (Final)] Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–673–677 and 731–TA–1580– 1583 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of steel nails from India, Oman, Sri Lanka, Thailand, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be subsidized. Determinations by Commerce with respect to sales at less- than-fair-value value of imports of steel nails from India, Sri Lanka, Thailand, and Turkey are pending. DATES : June 7, 2022. FOR FURTHER INFORMATION CONTACT : Nitin Joshi ((202) 708–1669), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘certain steel nails having a nominal shaft or shank length not exceeding 12 inches. Certain steel nails include, but are not VerDate Sep<11>2014 17:10 Jun 17, 2022 Jkt 256001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 jspears on DSK121TN23PROD with NOTICES1 36883Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices 1 For Commerce’s complete scope with exclusions, please see 87 FR 34654 (June 7, 2022). 2 While Commerce has preliminarily determined that countervailable subsidies are not being provided to producers and exporters of steel nails from Thailand, the Commission also is continuing its investigative activities pursuant to Commission rule 207.21(c). 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; crimp drive anchors; split-drive anchors, and strike pin anchors. Also included in the scope are anchors of one piece construction.’’ 1 Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in India, Oman, Sri Lanka, and Turkey of steel nails, 2 and pending preliminary determinations by Commerce regarding whether such products from India, Sri Lanka, Thailand, and Turkey are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on December 30, 2021, by Mid Continent Steel & Wire, Inc., Poplar Bluff, Missouri. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on August 4, 2022, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on August 17, 2022. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https://www.usitc.gov/ calendarpad/calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before August 12, 2022. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on August 15, 2022. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is August 11, 2022. Parties may also file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is August 24, 2022. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before August 24, 2022. On September 9, 2022, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before September 13, 2022, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI VerDate Sep<11>2014 17:10 Jun 17, 2022 Jkt 256001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 jspears on DSK121TN23PROD with NOTICES1 36884 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: June 9, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–12953 Filed 6–17–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1026] Importer of Controlled Substances Application: Alcami Carolinas Corporation AGENCY : Drug Enforcement Administration, Justice. ACTION : Notice of application. SUMMARY : Alcami Carolinas Corporation has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to Supplementary Information listed below for further drug information. DATES : Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before July 21, 2022. Such persons may also file a written request for a hearing on the application on or before July 21, 2022. ADDRESSES : The Drug Enforcement Administration (DEA) requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon submission of your comment, you will receive a Comment Tracking Number. Please be aware that submitted comments are not instantaneously available for public view on https://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. All requests for a hearing must be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION : In accordance with 21 CFR 1301.34(a), this is notice that on May 10, 2022, Alcami Carolinas Corporation, 1726 North 23rd Street, Attn: DEA Compliance Office, Wilmington, North Carolina 28405– 1827, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Controlled substance Drug code Schedule Psilocybin ........................ 7437 I Psilocyn ........................... 7438 I Pentobarbital ................... 2270 II Thebaine .......................... 9333 II The company plans to import the listed controlled substances in bulk for the manufacturing of capsules/tablets for Phase II clinical trials. The company plans to import derivatives of Thebaine that have been determined by DEA to be captured under drug code (9333) Thebaine. No other activity for these drug codes are authorized for this registration. Approval of permit applications will occur only when the registrant’s business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of Food and Drug Administration-approved or non- approved finished dosage forms for commercial sale. Kristi O’Malley, Assistant Administrator. [FR Doc. 2022–13246 Filed 6–17–22; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1028] Importer of Controlled Substances Application: Arizona Department of Corrections AGENCY : Drug Enforcement Administration, Justice. ACTION : Notice of application. SUMMARY : Arizona Department of Corrections has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to Supplementary Information listed below for further drug information. DATES : Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before July 21, 2022. Such persons may also file a written request for a hearing on the application on or before July 21, 2022. ADDRESSES : The Drug Enforcement Administration requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon submission of your comment, you will receive a Comment Tracking Number. Please be aware that submitted comments are not instantaneously available for public view on https://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. All requests for a hearing must be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION : In accordance with 21 CFR 1301.34(a), this is notice that on May 13, 2022, Arizona Department of Corrections, 1305 East Butte Avenue, ASPC-Florence, Florence, Arizona 85132–9221, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Controlled substance Drug code Schedule Pentobarbital ................ 2270 II The facility intends to import the above-listed controlled substance for legitimate use. This particular controlled substance is not available for the intended legitimate use within the current domestic supply of the United States. No other activity for these drug codes are authorized for this registration. VerDate Sep<11>2014 17:10 Jun 17, 2022 Jkt 256001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC PUB 5404 === CONTENTS Page i Determinations: ....................................................................................................................1 Views of the Commission ............................................................................................................... 3 Part I:............................................................................................................................................. I-1 Background ...................................................................................................................... I-1 Nature and extent of sales at LTFV ............................................................................................ I-2 Sales at LTFV .............................................................................................................................. I-4 Imports............................................................................................................................. I-4 Negligibility ....................................................................................................................... I-8 Apparent U.S. consumption and market shares .................................................................. I-9 Price comparisons ............................................................................................................ I-14 U.S. inventories of imported merchandise......................................................................... I-15 Foreign industry data for India, Thailand, and Turkey combined ......................................... I-16 Appendixes A. Federal Register notices ................................................................................................ …….. A-1 B. List of hearing witnesses…… .................................................................................................. B-1 C. Summary data ....................................................................................................................... C-1 Note.—Information that would reveal confidential operations of individual concerns may not be published. Such information is identified (including by brackets or by parallel lines) in confidential reports and is deleted and replaced with asterisks in public reports. 1 UNITED STATES INTERNATIONAL TRADE COMMISSION Investigation Nos. 731-TA-1580, 1582, and 1583 (Final) Steel Nails from India, Thailand, and Turkey DETERMINATIONS On the basis of the record1 developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Thailand, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”).2 BACKGROUND The Commission instituted these investigations effective December 30, 2021, following receipt of petitions filed with the Commission and Commerce by Mid Continent Steel & Wire, Inc., Poplar Bluff, Missouri. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of steel nails from India, Oman, Sri Lanka, and Turkey were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)).3 Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 78929, December 23, 2022; 87 FR 78935, December 23, 2022; and 87 FR 78937, December 23, 2022. Commerce also published notice in the Federal Register of a negative final antidumping duty determination in connection with the investigation concerning steel nails from Sri Lanka (87 FR 78933, December 23, 2022). Accordingly, effective December 23, 2022, the Commission terminated its antidumping duty investigation concerning steel nails from Sri Lanka (88 FR 1291, January 9, 2023). 3 While Commerce preliminarily determined that countervailable subsidies were not being provided to producers and exporters of steel nails from Thailand, the Commission continued its investigative activities pursuant to Commission rule 207.21(c). Determinations by Commerce with respect to sales at less-than-fair-value value of imports of steel nails from India, Sri Lanka, Thailand, and Turkey were pending at that time and subsequently published in the Federal Register on August 4, 2022 (87 FR 47719, 87 FR 47701, 87 FR 47708, and 87 FR 47699). 2 Commission, Washington, DC, and by publishing the notice in the Federal Register of June 21, 2022 (87 FR 36882). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on August 17, 2022. All persons who requested the opportunity were permitted to participate. The investigation schedules became staggered when Commerce did not align its countervailing duty investigations with its antidumping duty investigations and reached earlier final countervailing duty determinations. On October 6, 2022, the Commission issued final negative determinations in its countervailing duty investigations of steel nails from India, Oman, Sri Lanka, and Turkey (87 FR 61631, October 12, 2022). Following notification of final determinations by Commerce that imports of steel nails from India, Thailand, and Turkey were being sold at LTFV within the meaning of section 735(a) of the Act (19 U.S.C. 1673d(a)), notice of the supplemental scheduling of the final phase of the Commission’s antidumping duty investigations was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of scheduling of the final phase of Commission’s antidumping duty investigations (88 FR 2373, January 13, 2023). The Commission made these determinations pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)). 3 Views of the Commission Based on the record in the final phase of these investigations, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Thailand, and Turkey found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”). Background Mid Continent Steel & Wire, Inc. (“Mid Continent” or “Petitioner”), a domestic producer of steel nails, filed the petitions in these investigations on December 30, 2021. Although the antidumping duty petitions for steel nails from India, Sri Lanka, Thailand, and Turkey and the countervailing duty petitions for steel nails from India, Oman, Sri Lanka, Thailand, and Turkey were filed on the same day, the investigation schedules became staggered when Commerce did not align its countervailing duty investigations with its antidumping duty investigations,1 reaching earlier final determinations concerning the countervailing duty investigations on steel nails from India, Oman, Sri Lanka, and Turkey (the “leading investigations”) on August 22, 2022.2 This necessitated that the Commission issue earlier determinations in the leading 1 See Certain Steel Nails From India: Preliminary Affirmative Countervailing Duty Determination, 87 Fed. Reg. 34,654 (June 7, 2022); Certain Steel Nails From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, 87 Fed. Reg. 34,645 (June 7, 2022); Certain Steel Nails From Thailand: Preliminary Negative Countervailing Duty Determination, 87 Fed. Reg. 34,651 (June 7, 2022); and Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 87 Fed. Reg. 34,649 (June 7, 2022). In addition, Commerce postponed the final determinations for its antidumping duty investigations regarding India, Sri Lanka, Thailand, and Turkey. See Certain Steel Nails From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 Fed. Reg. 47,719 (Aug. 4, 2022); Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 87 Fed. Reg. 47,701 (Aug. 4, 2022); Certain Steel Nails From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 Fed. Reg. 47,708 (Aug. 4, 2022); Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 Fed. Reg. 47,699, 47,701 (Aug. 4, 2022); and Certain Steel Nails From the Republic of Turkey: Postponement of Final Determination of Sales at Less Than Fair Value Investigation, 87 Fed. Reg. 59,058 (Sep. 29, 2022). 2 See Certain Steel Nails From India: Final Affirmative Countervailing Duty Determination, 87 Fed. Reg. 51,333 (Aug. 22, 2022); Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination, 87 Fed. Reg. 51,335 (Aug. 22, 2022); Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination, 87 Fed. Reg. 51,337 (Aug. 22, 2022); and Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 87 Fed. Reg. 51,339 (Aug. 22, 2022). Commerce published a final negative countervailing duty determination with respect to Thailand. See Certain Steel Nails From Thailand: Final Negative (Continued...) 4 investigations than in the trailing antidumping duty investigations, and the Commission terminated the leading investigation with respect to Sri Lanka on the basis of negligibility and reached negative determinations in the other leading investigations in September 2022.3 Subsequently, Commerce published its final affirmative determinations in the antidumping duty investigations concerning steel nails from India, Thailand, and Turkey on December 23, 2022.4 As a result, the Commission must now make its determinations in the antidumping duty investigations on steel nails from India, Thailand, and Turkey (the “trailing investigations”). Pursuant to the statutory provision on staggered investigations, the record for all investigations closed on September 9, 2022, except that Commerce’s final affirmative antidumping duty determinations regarding imports from India, Thailand, and Turkey, and the parties’ final comments concerning those determinations, have been added to the record.5 Two groups of respondents filed supplemental final comments in these trailing investigations: Astrotech Steels Private Ltd., a producer of subject merchandise in India, the Hillman Group, a U.S. importer of subject merchandise, and Trinity Steel Pvt. Ltd., a producer of nonsubject merchandise in Sri Lanka (the “Hillman Coalition”);6 and Metropolitan Staple Corp., PrimeSource Building Products, Inc., Steel Products Company, Inc., and Steel & Wire Northeast, LP, U.S. importers of subject merchandise (the “PrimeSource Coalition”).7 8 Countervailing Duty Determination, 87 Fed. Reg. 51,343 (Aug. 22, 2022). Consequently, the Commission terminated the countervailing duty investigation concerning steel nails imported from Thailand. See Steel Nails from Thailand: Termination of Investigation, 87 Fed. Reg. 55,036 (Sep. 8, 2022). 3 Steel Nails from India, Oman, Sri Lanka, and Turkey, Inv. Nos. 701-TA-673-675 and 677 (Final), USITC Pub. 5370 (Sep. 2022) (“Steel Nails Leading Determinations”) at 1. 4 See Certain Steel Nails From India: Final Affirmative Determination of Sales at Less Than Fair Value, 87 Fed. Reg. 78,937 (Dec. 23, 2022); Certain Steel Nails From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value; 87 Fed. Reg. 78,929 (Dec. 23, 2022); and Certain Steel Nails From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value, 87 Fed. Reg. 78,935 (Dec. 23, 2022). Commerce published a final negative antidumping duty determination with respect to Sri Lanka. See Certain Steel Nails From Sri Lanka: Final Negative Determination of Sales at Less Than Fair Value, 87 Fed. Reg. 78,933 (Dec. 23, 2022). Consequently, the Commission terminated the antidumping duty investigation concerning steel nails imported from Sri Lanka. See Steel Nails From Sri Lanka; Termination of Investigation, 88 Fed. Reg. 1,291 (Jan. 9, 2023). 5 See 19 U.S.C. § 1677(7)(G)(iii). 6 Hillman Coalition Supplemental Final Comments, EDIS Doc. No. 787586 (Jan. 10, 2023). The Hillman Coalition contends that nothing in Commerce’s final antidumping determinations changes the record evidence supporting the Commission’s negative determinations in the leading investigations. Id. at 1-2. 7 PrimeSource Coalition Supplemental Final Comments, EDIS Doc. No. 787605 (Jan. 10, 2023). The PrimeSource Coalition contends that Commerce’s determinations that the prices of subject imports are dumped is irrelevant to the Commission’s consideration of whether they have injured or threaten the domestic industry, given the Commission’s finding in the leading investigations that subject import underselling resulted in no adverse price effects. Id. at 1-3. 8 Petitioner Mid Continent did not file supplemental final comments in these investigations. 5 Negligible Imports Pursuant to Section 771(24) of the Tariff Act, imports from a subject country of merchandise corresponding to a domestic like product that account for less than 3 percent of all such merchandise imported into the United States during the most recent 12 months for which data are available preceding the filing of the petition shall generally be deemed negligible.9 Neither group of respondents addressed negligibility in their supplemental final comments. During the 12-month period prior to the filing of the petitions (December 2020 through November 2021), imports from India accounted for 4.67 percent of total imports, imports from Thailand accounted for 6.48 of total imports, and imports from Turkey accounted for 6.55 percent of total imports.10 Because subject imports from each of the subject countries were individually above the 3 percent statutory negligibility threshold, we find that imports of steel nails from India, Thailand, and Turkey subject to the antidumping duty investigations are not negligible. 9 19 U.S.C. § 1677(24)(A)(i). 10 Confidential Staff Report, Memorandum INV-VV-004 (Jan. 18, 2023) (“Supplemental CR”); Steel Nails from India, Thailand, and Turkey, Inv. Nos. 731-TA-1580, 1582, and 1583 (Final), USITC Pub. 5404 (Feb. 2023) (“Supplemental PR”) at Table I-6. 6 No Material Injury or Threat of Material Injury by Reason of Cumulated Subject Imports Section 771(7)(G)(iii) of the Tariff Act of 1930, as amended, provides that the Commission must make its material injury determination in the trailing investigations on the basis of the same record as that in the leading investigations, except to the extent discussed above.11 Therefore, in these investigations, we adopt the findings and analyses from our determinations and views regarding subject imports from the leading investigations with respect to the issues of domestic like product, domestic industry, cumulation, conditions of competition, and no material injury or threat thereof by reason of cumulated subject imports.12 13 Accordingly, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of subject imports of steel nails from India, Thailand, and Turkey found by Commerce to be sold in the United States at LTFV. Conclusion For the reasons stated above, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of subject imports of steel nails from India, Thailand, and Turkey found by Commerce to be sold in the United States at LTFV. 11 19 U.S.C. §§ 1677(7)(G)(iii). 12 Steel Nails Leading Determinations, USITC Pub. 5370. 13 The statute additionally instructs the Commission to consider the “magnitude of the margin of dumping” in an antidumping proceeding as part of its consideration of the impact of imports. 19 U.S.C. § 1677(7)(C)(iii)(V). In its final antidumping duty determinations, Commerce found estimated dumping margins ranging from 2.94 to 3.98 percent for subject imports from India, 12.61 to 13.90 percent for subject imports from Thailand, and 27.62 to 118.20 percent for subject imports from Turkey. See 87 Fed. Reg. 78,937, 78,938 (Dec. 23, 2022), 87 Fed. Reg. 78,929, 78,930 (Dec. 23, 2022), 87 Fed. Reg. 78,935, 78,936 (Dec. 23, 2022); Supplemental CR/Supplemental PR at Tables I-2-I-4. We note that probative factors that support our analysis from the leading determinations in Steel Nails Leading Determinations remain unchanged and do not require modification; in turn, our analysis of the absence of significant price effects by subject imports on a cumulated basis in the leading determinations are especially probative to our assessment of the impact of subject imports from India, Thailand, and Turkey on the domestic industry. Steel Nails Leading Determinations, USITC Pub. 5370 at 34-56. We find that notwithstanding the fact that subject imports have been found to be sold at less than fair value in the U.S., the predominant underselling by cumulated subject imports did not result in the domestic industry losing market share to subject imports from 2019 to 2021, while the domestic industry’s supply constraints prevented the industry from producing or selling significant additional volumes of steel nails towards the end of the period of investigation. Id. at 34-38, 48-49, 56. Subject imports also did not depress domestic prices or prevent price increases that otherwise would have occurred to a significant degree. Id. at 49-51, 56-58. I-1 Part I: Introduction Background These investigations result from petitions filed with the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“USITC” or “Commission”) by Mid Continent Nail Corporation (“Mid Continent”), Poplar Bluff, Missouri on December 30, 2021, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized imports of certain steel nails (“steel nails”) 1 from India, Oman, Sri Lanka, Thailand, and Turkey and less-than-fair-value (“LTFV”) imports of steel nails from India, Sri Lanka, Thailand, and Turkey. Table I-1 presents information relating to the background of these investigations. 1 For a complete description of the merchandise subject to this proceeding, see the section entitled “The Subject Merchandise” in Part I of Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-2 Table I-1 Steel nails: Information relating to the background and schedule of this proceeding Effective date Action December 30, 2021 Petitions filed with Commerce and the Commission; institution of Commission’s investigations (87 FR 993, January 7, 2022) January 19, 2022 Commerce’s notice of initiation (87 FR 3970 and 87 FR 3965, January 26, 2022) February 14, 2022 Commission’s preliminary phase determinations (87 FR 9378, February 18, 2022) June 7, 2022 Commerce’s preliminary countervailing duty determinations (87 FR 34654, 87 FR 34639, 87 FR 34645, 87 FR 34651, 87 FR 34649, June 7, 2022); scheduling of final phase of Commission’s investigations (87 FR 36882, June 21, 2022) August 4, 2022 Commerce’s preliminary antidumping duty determinations (87 FR 47719, 87 FR 47701, 87 FR 47708, 87 FR 47699, August 4, 2022) August 17, 2022 Commission’s hearing August 22, 2022 Commerce’s final affirmative countervailing duty determinations (87 FR 51333, 87 FR 51337, 87 FR 51335, and 87 FR 51339) August 22, 2022 Commerce’s negative final determination for countervailing duty Thailand (87 FR 51343) August 22, 2022 Commission’s notice of termination for Thailand countervailing duty investigation (87 FR 55036, September 8, 2022) December 23, 2022 Commerce’s final affirmative antidumping duty determinations (87 FR 78929, 87 FR 78935, and 87 FR 78937) December 23, 2022 Scheduling of final phase of Commission’s antidumping duty investigations—India, Thailand, and Turkey (88 FR 2373, January 13, 2023) December 23, 2022 Commerce’s negative final antidumping duty determination for Sri Lanka (87 FR 78933) December 23, 2022 Commission’s notice of termination for Sri Lanka antidumping duty investigation (88 FR 1291, January 9, 2023) January 25, 2023 Commission’s vote February 6, 2023 Commission’s views The information contained in this report is intended to be used in conjunction with data presented in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA- 673-675 and 677 (Final), USITC Publication 5370, October 2022, and in confidential memoranda INV-UU-086 and 089. No new information except for Commerce’s final countervailing duty determinations concerning steel nails from India, Thailand, and Turkey, along with its final I-3 negative determinations concerning steel nails from Sri Lanka, and party comments thereon is included in the record for these proceedings.2 3 Nature and extent of sales at LTFV On December 23, 2022, Commerce published a notice in the Federal Register of its final affirmative determinations of sales at LTFV with respect to imports from India, Thailand, and Turkey.4 Tables I-2, I-3, and I-4 present Commerce’s dumping margins with respect to imports of product from India, Thailand and Turkey. Table I-2 Steel nails: Commerce’s final weighted-average LTFV margins with respect to imports from India Exporter/producer Final dumping margin (percent) Astrotech Steels Private Limited 2.94 Geekay Wires Limited 3.98 All others 3.33 Source: 87 FR 78937, December 23, 2022. Table I-3 Steel nails: Commerce’s final weighted-average LTFV margins with respect to imports from Thailand Exporter Final dumping margin (percent) Come Best (Thailand) Co., Ltd 12.61 Jinhai Hardware Co., Ltd 13.90 All others 13.07 Source: 87 FR 78929, December 23, 2022. 2 Appendix C of this report reproduces summary data referenced in the Commission’s initial views. Table C-2 contains the same data for the U.S. industry, but presents specific U.S. import data only for the three subject countries for which there are still active investigations before the Commission (India, Thailand, and Turkey). The Commerce’s antidumping duty investigations were terminated for Sri Lanka effective December 23, 2022, and the Commission published its termination of the antidumping duty investigation for Sri Lanka on January 9, 2023. 3 Trinity Steel Pvt. Ltd., Astrotech Steels Private, Limited, and The Hillman Group (collectively the “GDLSK Respondents”) and PrimeSource Building Products, Inc., Metropolitan Staple Corp., Steel Products Company, Inc. and Steel & Wire Northeast, LP filed comments consistent with the statutory limitation for subsequently completed investigations on January 10, 2023. 4 87 FR 78929, December 23, 2022 (Thailand), 87 FR 78933, December 23, 2022 (Sri Lanka), 87 FR 78935, December 23, 2022 (Turkey), and 87 FR 78937, December 23, 2022 (India). I-4 Table I-4 Steel nails: Commerce’s final weighted-average LTFV margins with respect to imports from Turkey Exporter Final dumping margin (percent) Aslanbas Civi Tel Ve Celik Hasir San A.S. 27.62 Sertel Vida Metal A.S. 118.20 All others 27.62 Source: 87 FR 78935, December 23, 2022. Imports Table I-5 and figure I-1 present U.S. imports of steel nails by source during 2019-21, January-March 2021, and January-March 2022. U.S. imports of steel nails from India, Thailand, and Turkey are presented individually, while U.S. imports from Oman and Sri Lanka are included in “All other sources.” I-5 Table I-5 Steel nails: U.S. imports, by source and period Quantity in short tons; Value in 1,000 dollars, Unit values in dollars per short ton; Shares in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 India Quantity 33,690 28,443 41,174 8,356 12,183 Thailand Quantity 40,035 48,715 57,365 10,927 14,196 Turkey Quantity 48,164 51,758 57,320 14,072 16,093 Subtotal Quantity 121,888 128,916 155,859 33,355 42,472 All other sources Quantity 564,622 616,202 737,140 171,499 193,672 All import sources Quantity 686,510 745,117 892,999 204,855 236,144 India Value 39,613 29,313 52,419 8,810 19,827 Thailand Value 47,869 59,139 82,479 13,669 25,548 Turkey Value 49,338 51,768 75,044 14,425 26,958 Subtotal Value 136,819 140,220 209,942 36,904 72,333 All other sources Value 755,580 762,674 1,112,554 215,346 364,408 All import sources Value 892,399 902,894 1,322,497 252,250 436,741 India Unit value 1,176 1,031 1,273 1,054 1,627 Thailand Unit value 1,196 1,214 1,438 1,251 1,800 Turkey Unit value 1,024 1,000 1,309 1,025 1,675 Subtotal Unit value 1,122 1,088 1,347 1,106 1,703 All other sources Unit value 1,338 1,238 1,509 1,256 1,882 All import sources Unit value 1,300 1,212 1,481 1,231 1,849 India Share of quantity 4.9 3.8 4.6 4.1 5.2 Thailand Share of quantity 5.8 6.5 6.4 5.3 6.0 Turkey Share of quantity 7.0 6.9 6.4 6.9 6.8 Subtotal Share of quantity 17.8 17.3 17.5 16.3 18.0 All other sources Share of quantity 82.2 82.7 82.5 83.7 82.0 All import sources Share of quantity 100.0 100.0 100.0 100.0 100.0 Table continued I-6 Table I-5--Continued Steel nails: U.S. imports, by source and period Ratios in percent; Ratios represent the ratio to U.S. production Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 India Share of value 4.4 3.2 4.0 3.5 4.5 Thailand Share of value 5.4 6.5 6.2 5.4 5.8 Turkey Share of value 5.5 5.7 5.7 5.7 6.2 Subtotal Share of value 15.3 15.5 15.9 14.6 16.6 All other sources Share of value 84.7 84.5 84.1 85.4 83.4 All import sources Share of value 100.0 100.0 100.0 100.0 100.0 India Ratio 27.9 21.0 31.4 24.3 37.5 Thailand Ratio 33.1 36.0 43.8 31.8 43.7 Turkey Ratio 39.9 38.2 43.7 41.0 49.5 Subtotal Ratio 100.9 95.2 118.9 97.2 130.8 All other sources Ratio 467.5 455.1 562.5 499.7 596.3 All import sources Ratio 568.4 550.3 681.5 596.9 727.0 Note.-- This table corresponds to table IV-2 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Unit value data reflect per short ton landed duty-paid values. I-7 Figure I-1 Steel nails: U.S. import quantities and average unit values, by source and period Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Unit value data reflect per short ton landed duty-paid values. Note.-- This table corresponds to figure IV-1 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-8 Negligibility The statute requires that an investigation be terminated without an injury determination if imports of the subject merchandise are found to be negligible.5 Negligible imports are generally defined in the Act, as amended, as imports from a country of merchandise corresponding to a domestic like product where such imports account for less than 3 percent of the volume of all such merchandise imported into the United States in the most recent 12-month period for which data are available that precedes the filing of the petition or the initiation of the investigation. However, if there are imports of such merchandise from a number of countries subject to investigations initiated on the same day that individually account for less than 3 percent of the total volume of the subject merchandise, and if the imports from those countries collectively account for more than 7 percent of the volume of all such merchandise imported into the United States during the applicable 12-month period, then imports from such countries are deemed not to be negligible.6 Imports from India accounted for 4.67 percent, Thailand 6.48 percent, and Turkey 6.55 percent of total imports of steel nails by quantity during December 2020 through November 2021. Table I-6 presents U.S. imports of steel nails in the twelve-month period preceding the filing of the petition, December 2020 through November 2021. 5 Sections 703(a)(1), 705(b)(1), 733(a)(1), and 735(b)(1) of the Act (19 U.S.C. §§ 1671b(a)(1), 1671d(b)(1), 1673b(a)(1), and 1673d(b)(1)). 6 Section 771 (24) of the Act (19 U.S.C § 1677(24)). I-9 Table I-6 Steel nails: U.S. imports in the twelve-month period preceding the filing of the petition, December 2020 through November 2021 Quantity in short tons; share in percent Source of imports Quantity Share of quantity India 40,934 4.67 Thailand 56,843 6.48 Turkey 57,465 6.55 Subtotal 155,242 17.71 All other sources 721,578 82.29 All import sources 876,820 100.00 Source: Compiled from data submitted in response to Commission questionnaires. Note: These calculations are based on Commerce’s final AD determinations for steel nails from India (87 FR 78937, December 23, 2022), Thailand (87 FR78929, December 23, 2022), and Turkey (87 FR 78935, December 23, 2022) and are unchanged from the calculations in the leading investigations. Note: Share of quantity is the share of total imports by quantity. This table is the same as table IV-5 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). Apparent U.S. consumption and market shares Table I-7 and figure I-2 present U.S. consumption and market shares of steel nails, based on quantity data during 2019-21, January-March 2021, and January-March 2022. Table I-8 and figure I-3 present U.S. consumption and market shares of steel nails, based on quantity value during 2019-21, January-March 2021, and January-March 2022. I-10 Table I-7 Steel nails: Apparent U.S. consumption and market shares, based on quantity data Quantity in short tons; shares in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Quantity 120,333 136,855 132,287 35,866 29,383 India Quantity 33,690 28,443 41,174 8,356 12,183 Thailand Quantity 40,035 48,715 57,365 10,927 14,196 Turkey Quantity 48,164 51,758 57,320 14,072 16,093 Subtotal Quantity 121,888 128,916 155,859 33,355 42,472 All other sources Quantity 564,622 616,202 737,140 171,499 193,672 All import sources Quantity 686,510 745,117 892,999 204,855 236,144 All sources Quantity 806,843 881,972 1,025,286 240,721 265,527 U.S. producers Share 14.9 15.5 12.9 14.9 11.1 India Share 4.2 3.2 4.0 3.5 4.6 Thailand Share 5.0 5.5 5.6 4.5 5.3 Turkey Share 6.0 5.9 5.6 5.8 6.1 Subtotal Share 15.1 14.6 15.2 13.9 16.0 All other sources Share 70.0 69.9 71.9 71.2 72.9 All import sources Share 85.1 84.5 87.1 85.1 88.9 All sources Share 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers' data reflect U.S. shipments and other sources are U.S. imports. Note.-- This table corresponds to table IV-11 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-11 Figure I-2 Steel nails: Apparent U.S. consumption based on quantity data, by source and period Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Note.-- This table corresponds to figure IV-7 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-12 Table I-8 Steel nails: Apparent U.S. consumption and market shares, based on value data Value in 1,000 dollars; shares in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Quantity 210,354 221,142 281,503 63,661 80,138 India Quantity 39,613 29,313 52,419 8,810 19,827 Thailand Quantity 47,869 59,139 82,479 13,669 25,548 Turkey Quantity 49,338 51,768 75,044 14,425 26,958 Subtotal Quantity 136,819 140,220 209,942 36,904 72,333 All other sources Quantity 755,580 762,674 1,112,554 215,346 364,408 All import sources Quantity 892,399 902,894 1,322,497 252,250 436,741 All sources Quantity 1,102,753 1,124,036 1,604,000 315,911 516,879 U.S. producers Share 19.1 19.7 17.6 20.2 15.5 India Share 3.6 2.6 3.3 2.8 3.8 Thailand Share 4.3 5.3 5.1 4.3 4.9 Turkey Share 4.5 4.6 4.7 4.6 5.2 Subtotal Share 12.4 12.5 13.1 11.7 14.0 All other sources Share 68.5 67.9 69.4 68.2 70.5 All import sources Share 80.9 80.3 82.4 79.8 84.5 All sources Share 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series, and imports value are reported on a landed, duty-paid basis. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers' data reflect U.S. shipments and other sources are U.S. imports. Note.-- This table corresponds to table IV-12 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-13 Figure I-3 Steel nails: Apparent U.S. consumption based on value data, by source and period Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series, and imports value are reported on a landed, duty-paid basis. Note.-- This table corresponds to figure IV-8 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-14 Price comparisons Table I-9 presents data on the instances of underselling and overselling and the range of margins, by source for India, Thailand, and Turkey. Table I-9 Steel nails: Instances of underselling and overselling and the range and average of margins, by source Quantity 1,000 nails or short tons; margin in percent Product Type Number of quarters Quantity (1,000 nails) Quantity (short tons) Average margin Min margin Max margin India Underselling 34 *** *** *** *** *** Thailand Underselling 13 *** *** *** *** *** Turkey Underselling 33 *** *** *** *** *** Subtotal, all products Underselling 80 *** *** *** *** *** India Overselling 18 *** *** *** *** *** Thailand Overselling 29 *** *** *** *** *** Turkey Overselling 10 *** *** *** *** *** Subtotal, all products Overselling 57 3,301,867 *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: These data include only quarters in which there is a comparison between the U.S. and subject product. I-15 U.S. inventories of imported merchandise Table I-10 presents data on U.S. importers’ reported inventories of steel nails, which includes India, Thailand, and Turkey. Table I-10 Steel nails: U.S. importers’ inventories and their ratio to select items, by source and period Measure Source 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Inventories quantity Subtotal *** *** *** *** *** Ratio to imports Subtotal *** *** *** *** *** Ratio to U.S. shipments of imports Subtotal *** *** *** *** *** Ratio to total shipments of imports Subtotal *** *** *** *** *** Inventories quantity All other sources *** *** *** *** *** Ratio to imports All other sources *** *** *** *** *** Ratio to U.S. shipments of imports All other sources *** *** *** *** *** Ratio to total shipments of imports All other sources *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note.-- This table corresponds to table VII-33 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). I-16 Foreign industry data for India, Thailand, and Turkey combined Table I-11 presents data on the industries in India, Thailand, and Turkey combined, based on quantity during 2019-2021, January to March 2021, January to March 2022, and projections for 2022 and 2023. Table I-11 Steel nails: Data on the industries in India, Thailand, and Turkey, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Pro- jection 2022 Pro- jection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of- period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Resales exported to the United States *** *** *** *** *** *** *** Total exports to the United States *** *** *** *** *** *** *** Table continued. I-17 Table I-11--Continued Steel nails: Data on the industries in India, Thailand, and Turkey combined by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Pro- jection 2022 Pro -jection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Exports by producers' share of total exports to the United States *** *** *** *** *** *** *** Exports by resellers' share of total exports to the United States *** *** *** *** *** *** *** Adjusted share of total shipments exported to the United States *** *** *** *** *** *** *** I-18 Table I-11--Continued Steel nails: Data on the industries in India, Thailand, and Turkey by period Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note.-- This table corresponds to table VII-32 in Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022 (memoranda INV-UU-086 and 089). A-1 APPENDIX A FEDERAL REGISTER NOTICES A-3 The Commission makes available notices relevant to its investigations and reviews on its website, www.usitc.gov. In addition, the following tabulation presents, in chronological order, Federal Register notices issued by the Commission and Commerce during the current proceeding. Citation Title Link 87 FR 997, January 7, 2022 Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-01-07/pdf/2022- 00085.pdf 87 FR 3965, January 22, 2022 Certain Steel Nails From India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-01-26/pdf/2022- 01494.pdf 87 FR 3970, January 22, 2022 Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-01-26/pdf/2022- 01509.pdf 87 FR 34654, June 7, 2022 Certain Steel Nails From India: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12188.pdf 87 FR 34639, June 7, 2022 Certain Steel Nails From the Sultanate of Oman: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12190.pdf 87 FR 34645, June 7, 2022 Certain Steel Nails From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12189.pdf 87 FR 34651, June 7, 2022 Certain Steel Nails From Thailand: Preliminary Negative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12187.pdf A-4 Citation Title Link 87 FR 34649, June 7, 2022 Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12191.pdf 87 FR 36882, June 21, 2022 Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti- Dumping Duty Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-06-21/pdf/2022- 12953.pdf 87 FR 47719, August 4, 2022 Certain Steel Nails From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16723.pdf 87 FR 47701, August 4, 2022 Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16722.pdf 87 FR 47708, August 4, 2022 Certain Steel Nails From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16720.pdf 87 FR 47699, August 4, 2022 Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16721.pdf 87 FR 51333, August 22, 2022 Certain Steel Nails From India: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18045.pdf 87 FR 51335, August 22, 2022 Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18051.pdf 87 FR 51337, August 22, 2022 Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18050.pdf A-5 Citation Title Link 87 FR 51339, August 22, 2022 Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18053.pdf 87 FR 51343, August 22, 2022 Certain Steel Nails From Thailand: Final Negative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18052.pdf 87 FR 51343, September 8, 2022 Termination Notice – Steel Nails from Thailand https://www.govinfo.g ov/content/pkg/FR- 2022-09-08/pdf/2022- 19428.pdf 87 FR 78929, December 23, 2022 Certain Steel Nails From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value https://www.govinfo.g ov/content/pkg/FR- 2022-12-23/pdf/2022- 28017.pdf 87 FR 78933, December 23, 2022 Certain Steel Nails From Sri Lanka: Final Negative Determination of Sales at Less Than Fair Value https://www.govinfo.g ov/content/pkg/FR- 2022-12-23/pdf/2022- 28019.pdf 87 FR 78935, December 23, 2022 Certain Steel Nails From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value https://www.govinfo.g ov/content/pkg/FR- 2022-12-23/pdf/2022- 28018.pdf 87 FR 78937, December 23, 2022 Certain Steel Nails From India: Final Affirmative Determination of Sales at Less Than Fair Value https://www.govinfo.g ov/content/pkg/FR- 2022-12-23/pdf/2022- 28016.pdf 88 FR 1291, January 9, 2023 Termination Notice – Steel Nails from Sri Lanka https://www.govinfo.g ov/content/pkg/FR- 2023-01-09/pdf/2023- 00107.pdf 88 FR 2373, January 13, 2023 Steel Nails From India, Thailand, and Turkey; Supplemental Schedule for the Final Phase of Antidumping Duty Investigations https://www.govinfo.g ov/content/pkg/FR- 2023-01-13/pdf/2023- 00588.pdf B-1 APPENDIX B LIST OF HEARING WITNESSES B-3 CALENDAR OF PUBLIC HEARING Those listed below appeared in the United States International Trade Commission’s hearing via videoconference: Subject: Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey Inv. Nos.: 701-TA-673-677 and 731-TA-1580-1583 (Final) Date and Time: August 17, 2022 - 9:30 a.m. FOREIGN GOVERNMENT WITNESS: The Republic of Turkey Ministry of Trade Burak Güreşci, Head of Department, Directorate General for Imports OPENING REMARKS: In Support of Imposition (Matthew L. Kanna, Greenberg Traurig, LLP) In Opposition to Imposition (Nithya Nagarajan, Husch Blackwell LLP) In Support of Imposition of Antidumping and Countervailing Duty Orders: Greenberg Traurig, LLP Washington, DC on behalf of Mid Continent Steel & Wire Inc. (“Mid Continent”) Chris Pratt, U.S. Operations General Manager, Mid Continent George Skarich, Vice President of Sales, Mid Continent Vince Lockhart, Plant Manager, Mid Continent Remy Stachowiak, President and Chief Operating Officer, Tree Island Steel Chris Frantzen, Sales Manager, U.S. Residential Market, Tree Island Steel B-4 In Support of Imposition of Antidumping and Countervailing Duty Orders (continued): Joe Faron, Vice President of North American Field Sales, KYOCERA SENCO Industrial Tools, Inc. Jennifer Lutz, Partner, ION Economics, LLC Susannah Perkins, Economic Consultant, ION Economics, LLC Rosa S. Jeong ) ) – OF COUNSEL Matthew L. Kanna ) In Opposition to Imposition of Antidumping and Countervailing Duty Orders: Husch Blackwell, LLP Washington, DC on behalf of PrimeSource Building Products, Inc. Steel & Wire Northeast, LP Scott Smith, Chief Commercial Officer, PrimeSource Building Products, Inc. Nikki Betts, Senior Director Global Sourcing, PrimeSource Building Products, Inc. Mark Buedel, President of Steel Products, Steel & Wire Northeast, LP Thomas J. Prusa, Economic Consultant, Economic Consultant, Rutgers University Nithya Nagarajan ) ) – OF COUNSEL Jeffrey S. Neeley ) Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Washington, DC on behalf of Trinity Steel Pvt. Ltd. (“Trinity Steel”) The Hillman Group Arun Miranda, Managing Director, Trinity Steel B-5 In Opposition to Imposition of Antidumping and Countervailing Duty Orders (continued): Meagan Jump, Trade and Customs Manager, The Hillman Group Doug Rhodus, Senior Director of Sourcing, The Hillman Group Ned H. Marshak ) ) – OF COUNSEL William F. Marshall ) REBUTTAL/CLOSING REMARKS: In Support of Imposition (Rosa S. Jeong, Greenberg Traurig, LLP) In Opposition to Imposition (Jeffrey S. Neeley, Husch Blackwell LLP) -END- C-1 APPENDIX C SUMMARY DATA Table C-1 Steel nails: Summary data concerning the U.S. market, by item and period Jan-Mar Item 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. consumption quantity: Amount...................................................... 806,843 881,972 1,025,286 240,721 265,527 ▲27.1 ▲9.3 ▲16.2 ▲10.3 Producers' share (fn1).............................. 14.9 15.5 12.9 14.9 11.1 ▼(2.0) ▲0.6 ▼(2.6) ▼(3.8) Importers' share (fn1): India...................................................... 4.2 3.2 4.0 3.5 4.6 ▼(0.2) ▼(1.0) ▲0.8 ▲1.1 Oman.................................................... 9.1 8.2 8.8 9.7 8.9 ▼(0.2) ▼(0.9) ▲0.7 ▼(0.8) Sri Lanka.............................................. 3.6 3.5 3.4 3.4 3.1 ▼(0.2) ▼(0.1) ▼(0.1) ▼(0.3) Thailand................................................ 5.0 5.5 5.6 4.5 5.3 ▲0.6 ▲0.6 ▲0.1 ▲0.8 Turkey................................................... 6.0 5.9 5.6 5.8 6.1 ▼(0.4) ▼(0.1) ▼(0.3) ▲0.2 Subject sources............................... 27.7 26.3 27.4 27.0 28.0 ▼(0.3) ▼(1.4) ▲1.1 ▲1.0 Subject sources less Sri Lanka....... 24.2 22.8 24.0 23.6 24.9 ▼(0.1) ▼(1.4) ▲1.2 ▲1.4 Nonsubject sources......................... 57.3 58.2 59.7 58.1 60.9 ▲2.3 ▲0.8 ▲1.5 ▲2.8 Nonsubject sources plus Sri Lanka. 60.9 61.7 63.1 61.5 64.0 ▲2.2 ▲0.8 ▲1.4 ▲2.5 All import sources........................ 85.1 84.5 87.1 85.1 88.9 ▲2.0 ▼(0.6) ▲2.6 ▲3.8 U.S. consumption value: Amount...................................................... 1,102,753 1,124,036 1,604,000 315,911 516,879 ▲45.5 ▲1.9 ▲42.7 ▲63.6 Producers' share (fn1).............................. 19.1 19.7 17.6 20.2 15.5 ▼(1.5) ▲0.6 ▼(2.1) ▼(4.6) Importers' share (fn1): India...................................................... 3.6 2.6 3.3 2.8 3.8 ▼(0.3) ▼(1.0) ▲0.7 ▲1.0 Oman.................................................... 8.9 8.3 8.3 9.2 8.4 ▼(0.6) ▼(0.6) ▼(0.0) ▼(0.8) Sri Lanka.............................................. 2.9 2.6 2.4 2.6 2.4 ▼(0.6) ▼(0.3) ▼(0.2) ▼(0.2) Thailand................................................ 4.3 5.3 5.1 4.3 4.9 ▲0.8 ▲0.9 ▼(0.1) ▲0.6 Turkey................................................... 4.5 4.6 4.7 4.6 5.2 ▲0.2 ▲0.1 ▲0.1 ▲0.6 Subject sources............................... 24.3 23.4 23.8 23.4 24.7 ▼(0.5) ▼(0.9) ▲0.4 ▲1.3 Subject sources less Sri Lanka....... 21.3 20.8 21.4 20.9 22.3 ▲0.0 ▼(0.6) ▲0.6 ▲1.5 Nonsubject sources......................... 56.7 56.9 58.7 56.4 59.8 ▲2.0 ▲0.3 ▲1.8 ▲3.3 Nonsubject sources plus Sri Lanka. 59.6 59.6 61.1 59.0 62.2 ▲1.5 ▼(0.0) ▲1.5 ▲3.2 All import sources........................ 80.9 80.3 82.4 79.8 84.5 ▲1.5 ▼(0.6) ▲2.1 ▲4.6 U.S. imports from: India: Quantity................................................ 33,690 28,443 41,174 8,356 12,183 ▲22.2 ▼(15.6) ▲44.8 ▲45.8 Value..................................................... 39,613 29,313 52,419 8,810 19,827 ▲32.3 ▼(26.0) ▲78.8 ▲125.0 Unit value.............................................. $1,176 $1,031 $1,273 $1,054 $1,627 ▲8.3 ▼(12.4) ▲23.5 ▲54.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Oman: Quantity................................................ 73,189 72,119 90,554 23,407 23,761 ▲23.7 ▼(1.5) ▲25.6 ▲1.5 Value..................................................... 98,308 93,133 132,805 28,997 43,160 ▲35.1 ▼(5.3) ▲42.6 ▲48.8 Unit value.............................................. $1,343 $1,291 $1,467 $1,239 $1,816 ▲9.2 ▼(3.9) ▲13.6 ▲46.6 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▲*** ▲*** ▼*** Sri Lanka: Quantity................................................ 28,746 30,891 34,631 8,170 8,177 ▲20.5 ▲7.5 ▲12.1 ▲0.1 Value..................................................... 32,507 29,671 38,432 8,070 12,311 ▲18.2 ▼(8.7) ▲29.5 ▲52.6 Unit value.............................................. $1,131 $960 $1,110 $988 $1,505 ▼(1.9) ▼(15.1) ▲15.5 ▲52.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▲*** ▼*** ▼*** Thailand: Quantity................................................ 40,035 48,715 57,365 10,927 14,196 ▲43.3 ▲21.7 ▲17.8 ▲29.9 Value..................................................... 47,869 59,139 82,479 13,669 25,548 ▲72.3 ▲23.5 ▲39.5 ▲86.9 Unit value.............................................. $1,196 $1,214 $1,438 $1,251 $1,800 ▲20.2 ▲1.5 ▲18.4 ▲43.9 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▲*** ▲*** Turkey: Quantity................................................ 48,164 51,758 57,320 14,072 16,093 ▲19.0 ▲7.5 ▲10.7 ▲14.4 Value..................................................... 49,338 51,768 75,044 14,425 26,958 ▲52.1 ▲4.9 ▲45.0 ▲86.9 Unit value.............................................. $1,024 $1,000 $1,309 $1,025 $1,675 ▲27.8 ▼(2.4) ▲30.9 ▲63.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Table continued. C-3 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years Table C-1 Continued Steel nails: Summary data concerning the U.S. market, by item and period Jan-Mar Item 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. imports from:--Continued Subject sources: Quantity................................................ 223,822 231,925 281,044 64,932 74,410 ▲25.6 ▲3.6 ▲21.2 ▲14.6 Value..................................................... 267,634 263,024 381,180 73,970 127,803 ▲42.4 ▼(1.7) ▲44.9 ▲72.8 Unit value.............................................. $1,196 $1,134 $1,356 $1,139 $1,718 ▲13.4 ▼(5.2) ▲19.6 ▲50.8 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Subject sources less Sri Lanka: Quantity................................................ 195,077 201,034 246,413 56,763 66,232 ▲26.3 ▲3.1 ▲22.6 ▲16.7 Value..................................................... 235,127 233,353 342,747 65,900 115,492 ▲45.8 ▼(0.8) ▲46.9 ▲75.3 Unit value.............................................. $1,205 $1,161 $1,391 $1,161 $1,744 ▲15.4 ▼(3.7) ▲19.8 ▲50.2 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Nonsubject sources: Quantity................................................ 462,687 513,192 611,955 139,922 161,734 ▲32.3 ▲10.9 ▲19.2 ▲15.6 Value..................................................... 624,765 639,870 941,317 178,280 308,938 ▲50.7 ▲2.4 ▲47.1 ▲73.3 Unit value.............................................. $1,350 $1,247 $1,538 $1,274 $1,910 ▲13.9 ▼(7.7) ▲23.4 ▲49.9 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** Nonsubject sources plus Sri Lanka: Quantity................................................ 491,433 544,083 646,586 148,092 169,911 ▲31.6 ▲10.7 ▲18.8 ▲14.7 Value..................................................... 657,273 669,540 979,749 186,349 321,248 ▲49.1 ▲1.9 ▲46.3 ▲72.4 Unit value.............................................. $1,337 $1,231 $1,515 $1,258 $1,891 ▲13.3 ▼(8.0) ▲23.1 ▲50.3 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** All import sources: Quantity................................................ 686,510 745,117 892,999 204,855 236,144 ▲30.1 ▲8.5 ▲19.8 ▲15.3 Value..................................................... 892,399 902,894 1,322,497 252,250 436,741 ▲48.2 ▲1.2 ▲46.5 ▲73.1 Unit value.............................................. $1,300 $1,212 $1,481 $1,231 $1,849 ▲13.9 ▼(6.8) ▲22.2 ▲50.2 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▲*** ▲*** U.S. producers': Average capacity quantity........................ 182,291 149,362 158,238 39,223 42,043 ▼(13.2) ▼(18.1) ▲5.9 ▲7.2 Production quantity................................... 120,782 135,410 131,039 34,321 32,481 ▲8.5 ▲12.1 ▼(3.2) ▼(5.4) Capacity utilization (fn1)........................... 66.3 90.7 82.8 87.5 77.3 ▲16.6 ▲24.4 ▼(7.8) ▼(10.2) U.S. shipments: Quantity................................................ 120,333 136,855 132,287 35,866 29,383 ▲9.9 ▲13.7 ▼(3.3) ▼(18.1) Value..................................................... 210,354 221,142 281,503 63,661 80,138 ▲33.8 ▲5.1 ▲27.3 ▲25.9 Unit value.............................................. $1,748 $1,616 $2,128 $1,775 $2,727 ▲21.7 ▼(7.6) ▲31.7 ▲53.7 Export shipments: Quantity................................................ *** *** *** *** *** ▲*** ▲*** ▲*** ▼*** Value..................................................... *** *** *** *** *** ▲*** ▲*** ▲*** ▲*** Unit value.............................................. *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** Ending inventory quantity......................... 21,562 18,626 15,792 16,573 18,817 ▼(26.8) ▼(13.6) ▼(15.2) ▲13.5 Inventories/total shipments (fn1).............. *** *** *** *** *** ▼*** ▼*** ▼*** ▲*** Production workers................................... 796 711 736 754 725 ▼(7.5) ▼(10.7) ▲3.5 ▼(3.8) Hours worked (1,000s)............................. 1,484 1,549 1,605 415 384 ▲8.2 ▲4.4 ▲3.6 ▼(7.5) Wages paid ($1,000)................................ 24,777 25,075 28,209 7,292 7,206 ▲13.9 ▲1.2 ▲12.5 ▼(1.2) Hourly wages (dollars per hour)............... $16.70 $16.19 $17.58 $17.57 $18.77 ▲5.3 ▼(3.0) ▲8.6 ▲6.8 Productivity (short tons per 1,000 hours). 81.4 87.4 81.6 82.7 84.6 ▲0.3 ▲7.4 ▼(6.6) ▲2.3 Unit labor costs......................................... $205 $185 $215 $212 $222 ▲4.9 ▼(9.7) ▲16.3 ▲4.4 Table continued. C-4 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years Table C-1 Continued Steel nails: Summary data concerning the U.S. market, by period Jan-Mar 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. producers':--Continued Net sales: Quantity................................................ 121,487 138,264 133,731 36,429 29,723 ▲10.1 ▲13.8 ▼(3.3) ▼(18.4) Value..................................................... 214,984 226,645 288,235 65,531 82,171 ▲34.1 ▲5.4 ▲27.2 ▲25.4 Unit value.............................................. $1,770 $1,639 $2,155 $1,799 $2,765 ▲21.8 ▼(7.4) ▲31.5 ▲53.7 Cost of goods sold (COGS)..................... 176,105 183,056 215,200 50,052 59,723 ▲22.2 ▲3.9 ▲17.6 ▲19.3 Gross profit or (loss) (fn2)........................ 38,879 43,589 73,035 15,479 22,448 ▲87.9 ▲12.1 ▲67.6 ▲45.0 SG&A expenses....................................... 26,793 25,300 28,664 6,531 7,411 ▲7.0 ▼(5.6) ▲13.3 ▲13.5 Operating income or (loss) (fn2).............. 12,086 18,289 44,371 8,948 15,037 ▲267.1 ▲51.3 ▲142.6 ▲68.0 Net income or (loss) (fn2)......................... 12,631 18,858 44,970 9,424 15,295 ▲256.0 ▲49.3 ▲138.5 ▲62.3 Unit COGS................................................ $1,450 $1,324 $1,609 $1,374 $2,009 ▲11.0 ▼(8.7) ▲21.5 ▲46.2 Unit SG&A expenses................................ $221 $183 $214 $179 $249 ▼(2.8) ▼(17.0) ▲17.1 ▲39.1 Unit operating income or (loss) (fn2)....... $99 $132 $332 $246 $506 ▲233.5 ▲33.0 ▲150.8 ▲106.0 Unit net income or (loss) (fn2).................. $104 $136 $336 $259 $515 ▲223.4 ▲31.2 ▲146.5 ▲98.9 COGS/sales (fn1)..................................... 81.9 80.8 74.7 76.4 72.7 ▼(7.3) ▼(1.1) ▼(6.1) ▼(3.7) Operating income or (loss)/sales (fn1).... 5.6 8.1 15.4 13.7 18.3 ▲9.8 ▲2.4 ▲7.3 ▲4.6 Net income or (loss)/sales (fn1)............... 5.9 8.3 15.6 14.4 18.6 ▲9.7 ▲2.4 ▲7.3 ▲4.2 Capital expenditures................................. 5,119 7,448 6,854 *** 1,726 ▲33.9 ▲45.5 ▼(8.0) ▲*** Research and development expenses.... *** *** *** *** *** ▲*** ▲*** ▲*** ▲*** Net assets................................................. 272,612 286,192 329,212 NA NA ▲20.8 ▲5.0 ▲15.0 NA Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than “(0.05)” percent (if negative). Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. fn1.--Reported data are in percent and period changes are in percentage points. fn2.--Percent changes only calculated when both comparison values represent profits; the directional change in profitability provided when one or both comparison values represent a loss. Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Imports value data reflect landed duty-paid values. 508-compliant tables containing these data are contained in parts III, IV, VI, and VII of Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022, and in confidential memoranda INV-UU-086 and 089. C-5 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years Table C-2 Steel nails: Summary data concerning the U.S. market, by item and period Jan-Mar Item 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. consumption quantity: Amount...................................................... 806,843 881,972 1,025,286 240,721 265,527 ▲27.1 ▲9.3 ▲16.2 ▲10.3 Producers' share (fn1).............................. 14.9 15.5 12.9 14.9 11.1 ▼(2.0) ▲0.6 ▼(2.6) ▼(3.8) Importers' share (fn1): India...................................................... 4.2 3.2 4.0 3.5 4.6 ▼(0.2) ▼(1.0) ▲0.8 ▲1.1 Thailand................................................ 5.0 5.5 5.6 4.5 5.3 ▲0.6 ▲0.6 ▲0.1 ▲0.8 Turkey................................................... 6.0 5.9 5.6 5.8 6.1 ▼(0.4) ▼(0.1) ▼(0.3) ▲0.2 Subtotal............................................ 15.1 14.6 15.2 13.9 16.0 ▲0.1 ▼(0.5) ▲0.6 ▲2.1 All other sources.............................. 70.0 69.9 71.9 71.2 72.9 ▲1.9 ▼(0.1) ▲2.0 ▲1.7 All import sources........................ 85.1 84.5 87.1 85.1 88.9 ▲2.0 ▼(0.6) ▲2.6 ▲3.8 U.S. consumption value: Amount...................................................... 1,102,753 1,124,036 1,604,000 315,911 516,879 ▲45.5 ▲1.9 ▲42.7 ▲63.6 Producers' share (fn1).............................. 19.1 19.7 17.6 20.2 15.5 ▼(1.5) ▲0.6 ▼(2.1) ▼(4.6) Importers' share (fn1): India...................................................... 3.6 2.6 3.3 2.8 3.8 ▼(0.3) ▼(1.0) ▲0.7 ▲1.0 Thailand................................................ 4.3 5.3 5.1 4.3 4.9 ▲0.8 ▲0.9 ▼(0.1) ▲0.6 Turkey................................................... 4.5 4.6 4.7 4.6 5.2 ▲0.2 ▲0.1 ▲0.1 ▲0.6 Subtotal ........................................... 12.4 12.5 13.1 11.7 14.0 ▲0.7 ▲0.1 ▲0.6 ▲2.3 All other sources.............................. 68.5 67.9 69.4 68.2 70.5 ▲0.8 ▼(0.7) ▲1.5 ▲2.3 All import sources........................ 80.9 80.3 82.4 79.8 84.5 ▲1.5 ▼(0.6) ▲2.1 ▲4.6 U.S. imports from: India: Quantity................................................ 33,690 28,443 41,174 8,356 12,183 ▲22.2 ▼(15.6) ▲44.8 ▲45.8 Value..................................................... 39,613 29,313 52,419 8,810 19,827 ▲32.3 ▼(26.0) ▲78.8 ▲125.0 Unit value.............................................. $1,176 $1,031 $1,273 $1,054 $1,627 ▲8.3 ▼(12.4) ▲23.5 ▲54.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Thailand: Quantity................................................ 40,035 48,715 57,365 10,927 14,196 ▲43.3 ▲21.7 ▲17.8 ▲29.9 Value..................................................... 47,869 59,139 82,479 13,669 25,548 ▲72.3 ▲23.5 ▲39.5 ▲86.9 Unit value.............................................. $1,196 $1,214 $1,438 $1,251 $1,800 ▲20.2 ▲1.5 ▲18.4 ▲43.9 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▲*** ▲*** Turkey: Quantity................................................ 48,164 51,758 57,320 14,072 16,093 ▲19.0 ▲7.5 ▲10.7 ▲14.4 Value..................................................... 49,338 51,768 75,044 14,425 26,958 ▲52.1 ▲4.9 ▲45.0 ▲86.9 Unit value.............................................. $1,024 $1,000 $1,309 $1,025 $1,675 ▲27.8 ▼(2.4) ▲30.9 ▲63.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Subtotal (India, Thailand, Turkey): Quantity................................................ 121,888 128,916 155,859 33,355 42,472 ▲27.9 ▲5.8 ▲20.9 ▲27.3 Value..................................................... 136,819 140,220 209,942 36,904 72,333 ▲53.4 ▲2.5 ▲49.7 ▲96.0 Unit value.............................................. $1,122 $1,088 $1,347 $1,106 $1,703 ▲20.0 ▼(3.1) ▲23.8 ▲53.9 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** All other sources: Quantity................................................ 564,622 616,202 737,140 171,499 193,672 ▲30.6 ▲9.1 ▲19.6 ▲12.9 Value..................................................... 755,580 762,674 1,112,554 215,346 364,408 ▲47.2 ▲0.9 ▲45.9 ▲69.2 Unit value.............................................. $1,338 $1,238 $1,509 $1,256 $1,882 ▲12.8 ▼(7.5) ▲21.9 ▲49.8 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** All import sources: Quantity................................................ 686,510 745,117 892,999 204,855 236,144 ▲30.1 ▲8.5 ▲19.8 ▲15.3 Value..................................................... 892,399 902,894 1,322,497 252,250 436,741 ▲48.2 ▲1.2 ▲46.5 ▲73.1 Unit value.............................................. $1,300 $1,212 $1,481 $1,231 $1,849 ▲13.9 ▼(6.8) ▲22.2 ▲50.2 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▲*** ▲*** Table continued. Reported data Period changes Calendar year Jan-Mar Comparison years C-6 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Table C-2--Continued Steel nails: Summary data concerning the U.S. market, by item and period Jan-Mar Item 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. producers': Average capacity quantity........................ 182,291 149,362 158,238 39,223 42,043 ▼(13.2) ▼(18.1) ▲5.9 ▲7.2 Production quantity................................... 120,782 135,410 131,039 34,321 32,481 ▲8.5 ▲12.1 ▼(3.2) ▼(5.4) Capacity utilization (fn1)........................... 66.3 90.7 82.8 87.5 77.3 ▲16.6 ▲24.4 ▼(7.8) ▼(10.2) U.S. shipments: Quantity................................................ 120,333 136,855 132,287 35,866 29,383 ▲9.9 ▲13.7 ▼(3.3) ▼(18.1) Value..................................................... 210,354 221,142 281,503 63,661 80,138 ▲33.8 ▲5.1 ▲27.3 ▲25.9 Unit value.............................................. $1,748 $1,616 $2,128 $1,775 $2,727 ▲21.7 ▼(7.6) ▲31.7 ▲53.7 Export shipments: Quantity................................................ *** *** *** *** *** ▲*** ▲*** ▲*** ▼*** Value..................................................... *** *** *** *** *** ▲*** ▲*** ▲*** ▲*** Unit value.............................................. *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** Ending inventory quantity......................... 21,562 18,626 15,792 16,573 18,817 ▼(26.8) ▼(13.6) ▼(15.2) ▲13.5 Inventories/total shipments (fn1).............. *** *** *** *** *** ▼*** ▼*** ▼*** ▲*** Production workers................................... 796 711 736 754 725 ▼(7.5) ▼(10.7) ▲3.5 ▼(3.8) Hours worked (1,000s)............................. 1,484 1,549 1,605 415 384 ▲8.2 ▲4.4 ▲3.6 ▼(7.5) Wages paid ($1,000)................................ 24,777 25,075 28,209 7,292 7,206 ▲13.9 ▲1.2 ▲12.5 ▼(1.2) Hourly wages (dollars per hour)............... $16.70 $16.19 $17.58 $17.57 $18.77 ▲5.3 ▼(3.0) ▲8.6 ▲6.8 Productivity (short tons per 1,000 hours). 81.4 87.4 81.6 82.7 84.6 ▲0.3 ▲7.4 ▼(6.6) ▲2.3 Unit labor costs......................................... $205 $185 $215 $212 $222 ▲4.9 ▼(9.7) ▲16.3 ▲4.4 Net sales: Quantity................................................ 121,487 138,264 133,731 36,429 29,723 ▲10.1 ▲13.8 ▼(3.3) ▼(18.4) Value..................................................... 214,984 226,645 288,235 65,531 82,171 ▲34.1 ▲5.4 ▲27.2 ▲25.4 Unit value.............................................. $1,770 $1,639 $2,155 $1,799 $2,765 ▲21.8 ▼(7.4) ▲31.5 ▲53.7 Cost of goods sold (COGS)..................... 176,105 183,056 215,200 50,052 59,723 ▲22.2 ▲3.9 ▲17.6 ▲19.3 Gross profit or (loss) (fn2)........................ 38,879 43,589 73,035 15,479 22,448 ▲87.9 ▲12.1 ▲67.6 ▲45.0 SG&A expenses....................................... 26,793 25,300 28,664 6,531 7,411 ▲7.0 ▼(5.6) ▲13.3 ▲13.5 Operating income or (loss) (fn2).............. 12,086 18,289 44,371 8,948 15,037 ▲267.1 ▲51.3 ▲142.6 ▲68.0 Net income or (loss) (fn2)......................... 12,631 18,858 44,970 9,424 15,295 ▲256.0 ▲49.3 ▲138.5 ▲62.3 Unit COGS................................................ $1,450 $1,324 $1,609 $1,374 $2,009 ▲11.0 ▼(8.7) ▲21.5 ▲46.2 Unit SG&A expenses................................ $221 $183 $214 $179 $249 ▼(2.8) ▼(17.0) ▲17.1 ▲39.1 Unit operating income or (loss) (fn2)....... $99 $132 $332 $246 $506 ▲233.5 ▲33.0 ▲150.8 ▲106.0 Unit net income or (loss) (fn2).................. $104 $136 $336 $259 $515 ▲223.4 ▲31.2 ▲146.5 ▲98.9 COGS/sales (fn1)..................................... 81.9 80.8 74.7 76.4 72.7 ▼(7.3) ▼(1.1) ▼(6.1) ▼(3.7) Operating income or (loss)/sales (fn1).... 5.6 8.1 15.4 13.7 18.3 ▲9.8 ▲2.4 ▲7.3 ▲4.6 Net income or (loss)/sales (fn1)............... 5.9 8.3 15.6 14.4 18.6 ▲9.7 ▲2.4 ▲7.3 ▲4.2 Capital expenditures................................. 5,119 7,448 6,854 *** 1,726 ▲33.9 ▲45.5 ▼(8.0) ▲*** Research and development expenses.... *** *** *** *** *** ▲*** ▲*** ▲*** ▲*** Net assets................................................. 272,612 286,192 329,212 NA NA ▲20.8 ▲5.0 ▲15.0 NA Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than “ (0.05)” percent (if negative). Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. fn1.--Reported data are in percent and period changes are in percentage points. fn2.--Percent changes only calculated when both comparison values represent profits; the directional change in profitability provided when one or both comparison values represent a loss. Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Imports value data reflect landed duty-paid values. 508-compliant tables containing these data are contained either in part I of this report or parts III, IV, VI, and VII of Steel Nails from India, Oman, Sri Lanka, and Turkey, Investigation Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, October 2022, and in confidential memoranda INV-UU-086 and 089. C-7 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years ──────────────────────────────────────────────────────────── === USITC Determination - Final (2) === 8912 Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 78929, December 23, 2022; 87 FR 78935, December 23, 2022; and 87 FR 78937, December 23, 2022. Commerce also published notice in the Federal Register of a negative final antidumping duty determination in connection with the investigation concerning steel nails from Sri Lanka (87 FR 78933, December 23, 2022). Accordingly, effective December 23, 2022, the Commission terminated its antidumping duty investigation concerning steel nails from Sri Lanka (88 FR 1291, January 9, 2023). 3 While Commerce preliminarily determined that countervailable subsidies were not being provided to producers and exporters of steel nails from Thailand, the Commission continued its investigative activities pursuant to Commission rule 207.21(c). Determinations by Commerce with respect to sales at less-than-fair-value value of imports of steel nails from India, Sri Lanka, Thailand, and Turkey were pending at that time and subsequently published in the Federal Register on August 4, 2022 (87 FR 47719, 87 FR 47701, 87 FR 47708, and 87 FR 47699). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1580, 1582, and 1583 (Final)] Steel Nails From India, Thailand, and Turkey Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Thailand, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 Background The Commission instituted these investigations effective December 30, 2021, following receipt of petitions filed with the Commission and Commerce by Mid Continent Steel & Wire, Inc., Poplar Bluff, Missouri. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of steel nails from India, Oman, Sri Lanka, and Turkey were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). 3 Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of June 21, 2022 (87 FR 36882). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on August 17, 2022. All persons who requested the opportunity were permitted to participate. The investigation schedules became staggered when Commerce did not align its countervailing duty investigations with its antidumping duty investigations and reached earlier final countervailing duty determinations. On October 6, 2022, the Commission issued final negative determinations in its countervailing duty investigations of steel nails from India, Oman, Sri Lanka, and Turkey (87 FR 61631, October 12, 2022). Following notification of final determinations by Commerce that imports of steel nails from India, Thailand, and Turkey were being sold at LTFV within the meaning of section 735(a) of the Act (19 U.S.C. 1673d(a)), notice of the supplemental scheduling of the final phase of the Commission’s antidumping duty investigations was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of scheduling of the final phase of Commission’s antidumping duty investigations (88 FR 2373, January 13, 2023). The Commission made these determinations pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on February 6, 2023. The views of the Commission are contained in USITC Publication 5404 (February 2023), entitled Steel Nails from India, Thailand, and Turkey: Investigation Nos. 731–TA–1580, 1582, and 1583 (Final). By order of the Commission. Issued: February 6, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–02833 Filed 2–9–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–23–011] Sunshine Act Meetings AGENCY HOLDING THE MEETING : United States International Trade Commission. TIME AND DATE : February 13, 2023 at 11:00 a.m. PLACE : Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS : Open to the public. MATTERS TO BE CONSIDERED : 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. No. 731– TA–410 (Fifth Review) (Light-Walled Rectangular Pipe and Tube from Taiwan). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 22, 2023. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION : Sharon Bellamy, Acting Supervisory Hearings and Information Officer, 202– 205–2595. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: February 7, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–02991 Filed 2–8–23; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1578–1579 (Final)] Lemon Juice From Brazil and South Africa Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of lemon juice from Brazil and South VerDate Sep<11>2014 17:41 Feb 09, 2023 Jkt 259001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\10FEN1.SGM 10FEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC PUB 5370 === Steel Nails from India, Oman, Sri Lanka, and Turkey Investigation Nos. 701-TA-673-675 and 677 (Final) Publication 5370 October 2022 U.S. International Trade Commission Washington, DC 20436 U.S. International Trade Commission COMMISSIONERS David S. Johanson, Chairman Rhonda K. Schmidtlein Jason E. Kearns Randolph J. Stayin Amy A. Karpel Catherine DeFilippo Director of Operations Staff assigned Nitin Joshi, Investigator Alexander Melton, Industry Analyst Craig Thomsen, Economist Zara Bekk:al, Accountant Aaron Woodward, Statistician Ravi Soopramanien, Attorney Douglas Corkran, Supervisory Investigator Address all communications to Secretary to the Commission United States International Trade Commission Washington, DC 20436 U.S. International Trade Commission Washington, DC 20436 www.usitc.gov Steel Nails from India, Oman, Sri Lanka, and Turkey Investigation Nos. 701-TA-673-675 and 677 (Final) Publication 5370 October 2022 CONTENTS Page i Determinations .............................................................................................................................. 1 Views of the Commission………………………………………………………………………………………………………….3 Introduction .............................................................................................................. I-1 Background................................................................................................................................ I-1 Statutory criteria ....................................................................................................................... I-3 Organization of report............................................................................................................... I-4 Market summary ....................................................................................................................... I-4 Summary data and data sources ............................................................................................... I-5 Previous and related countervailing and antidumping duty investigations ............................. I-5 Previous and related safeguard investigations ......................................................................... I-7 Nature and extent of subsidies and sales at LTFV .................................................................... I-8 Subsidies ................................................................................................................................ I-8 Sales at LTFV ........................................................................................................................ I-10 The subject merchandise ........................................................................................................ I-11 Commerce’s scope .............................................................................................................. I-11 Tariff treatment ................................................................................................................... I-13 Section 232 tariff treatment ................................................................................................ I-13 Section 301 tariff treatment ................................................................................................ I-15 The product ............................................................................................................................. I-16 Description and applications ............................................................................................... I-16 Manufacturing processes .................................................................................................... I-17 Domestic like product issues................................................................................................... I-20 CONTENTS Page ii Part II: Conditions of competition in the U.S. market........................................................... II-1 U.S. market characteristics....................................................................................................... II-1 U.S. purchasers......................................................................................................................... II-2 Channels of distribution ........................................................................................................... II-3 Geographic distribution ........................................................................................................... II-4 Supply and demand considerations ......................................................................................... II-5 U.S. supply ............................................................................................................................ II-5 U.S. demand ....................................................................................................................... II-13 Substitutability issues............................................................................................................. II-17 Factors affecting purchasing decisions............................................................................... II-18 Purchase factor comparisons of domestic products, subject imports, and nonsubject imports ............................................................................................................................... II-24 Comparison of U.S.-produced and imported steel nails .................................................... II-28 Elasticity estimates ................................................................................................................. II-32 U.S. supply elasticity ........................................................................................................... II-33 U.S. demand elasticity ........................................................................................................ II-33 Substitution elasticity ......................................................................................................... II-34 Part III: U.S. producers’ production, shipments, and employment ...................................... III-1 U.S. producers ......................................................................................................................... III-1 U.S. production, capacity, and capacity utilization ................................................................. III-5 Steel nails production by type ........................................................................................... III-11 U.S. producers’ U.S. shipments and exports ......................................................................... III-11 U.S. producers’ inventories ................................................................................................... III-13 U.S. producers’ imports from subject sources ...................................................................... III-14 U.S. producers' purchases of imports from subject sources ................................................ III-17 U.S. employment, wages, and productivity .......................................................................... III-18 CONTENTS Page iii Part IV: U.S. imports, apparent U.S. consumption, and market shares ............................... IV-1 U.S. importers.......................................................................................................................... IV-1 U.S. imports ............................................................................................................................. IV-4 Negligibility ............................................................................................................................ IV-14 Cumulation considerations ................................................................................................... IV-17 Fungibility .......................................................................................................................... IV-18 Geographical markets ....................................................................................................... IV-22 Presence in the market ..................................................................................................... IV-24 Apparent U.S. consumption and market shares ................................................................... IV-30 Quantity ............................................................................................................................. IV-30 Value .................................................................................................................................. IV-33 Monthly apparent consumption ....................................................................................... IV-36 Part V: Pricing data ............................................................................................................. V-1 Factors affecting prices ............................................................................................................ V-1 Raw material costs ............................................................................................................... V-1 Impact of section 232 tariffs on prices ................................................................................. V-3 Impact of section 301 tariffs on prices ................................................................................. V-5 Transportation costs to the U.S. market .............................................................................. V-6 U.S. inland transportation costs ........................................................................................... V-6 Pricing practices ....................................................................................................................... V-6 Pricing methods .................................................................................................................... V-6 Sales terms and discounts .................................................................................................... V-8 Price leadership .................................................................................................................... V-8 Price data.................................................................................................................................. V-9 Price trends......................................................................................................................... V-25 Price comparisons .............................................................................................................. V-27 Lost sales and lost revenue .................................................................................................... V-30 CONTENTS Page iv Part VI: Financial experience of U.S. producers .................................................................. VI-1 Background.............................................................................................................................. VI-1 Operations on steel nails......................................................................................................... VI-2 Net sales ............................................................................................................................ VI-17 Cost of goods sold and gross profit or loss........................................................................ VI-19 SG&A expenses and operating income or loss.................................................................. VI-21 All other expenses and net income or loss ....................................................................... VI-23 Capital expenditures and research and development expenses .......................................... VI-23 Assets and return on assets .................................................................................................. VI-25 Capital and investment ......................................................................................................... VI-28 COVID-19 impact ................................................................................................................... VI-31 Threat considerations and information on nonsubject countries .......................... VII-1 The industry in India ............................................................................................................... VII-3 Changes in operations ........................................................................................................ VII-4 Operations on steel nails .................................................................................................... VII-5 Steel nails production by type ............................................................................................ VII-7 Alternative products ........................................................................................................... VII-8 Exports .............................................................................................................................. VII-10 The industry in Oman ........................................................................................................... VII-12 Changes in operations ...................................................................................................... VII-13 Operations on steel nails .................................................................................................. VII-13 Steel nails production by type .......................................................................................... VII-15 Alternative products ......................................................................................................... VII-16 Exports .............................................................................................................................. VII-18 CONTENTS Page v Threat considerations and information on nonsubject countries ................. Continued The industry in Sri Lanka ...................................................................................................... VII-20 Changes in operations ...................................................................................................... VII-20 Operations on steel nails .................................................................................................. VII-21 Steel nails production by type .......................................................................................... VII-23 Alternative products ......................................................................................................... VII-24 Exports .............................................................................................................................. VII-26 The industry in Thailand ....................................................................................................... VII-28 Changes in operations ...................................................................................................... VII-29 Operations on steel nails .................................................................................................. VII-30 Steel nails production by type .......................................................................................... VII-32 Alternative products ......................................................................................................... VII-33 Exports .............................................................................................................................. VII-35 The industry in Turkey.......................................................................................................... VII-37 Changes in operations ...................................................................................................... VII-38 Operations on steel nails .................................................................................................. VII-38 Steel nails production by type .......................................................................................... VII-40 Alternative products ......................................................................................................... VII-41 Exports .............................................................................................................................. VII-43 Subject countries combined................................................................................................. VII-45 U.S. inventories of imported merchandise .......................................................................... VII-48 U.S. importers’ outstanding orders...................................................................................... VII-50 Third-country trade actions ................................................................................................. VII-51 Information on nonsubject countries .................................................................................. VII-52 CONTENTS Page vi Appendixes A. Federal Register notices.................................................................................................. A-1 B. List of staff conference witnesses .................................................................................. B-1 C. Summary data ................................................................................................................. C-1 D. 232 actions ...................................................................................................................... D-1 E. Additional tables regarding supply, demand, and country-source comparisons........... E-1 F. U.S shipments by type and finish.................................................................................... F-1 G. U.S shipments by distribution and period ...................................................................... G-1 H. Nonsubject country price data ....................................................................................... H-1 Note.—Information that would reveal confidential operations of individual concerns may not be published. Such information is identified by brackets in confidential reports and is deleted and replaced with asterisks (***) in public reports. UNITED STATES INTERNATIONAL TRADE COMMISSION Investigation Nos. 701-TA-673-675 and 677 (Final) Steel Nails from India, Oman, Sri Lanka and Turkey DETERMINATIONS On the basis of the record1 developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be subsidized by the governments of India, Oman, and Turkey.2 The Commission further finds that imports of steel nails from Sri Lanka that Commerce has determined are subsidized by the government of Sri Lanka are negligible and terminates that investigation. BACKGROUND The Commission instituted these investigations effective December 30, 2021, following receipt of petitions filed with the Commission and Commerce by Mid Continent Steel & Wire, Inc., Poplar Bluff, Missouri. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of steel nails from India, Oman, Sri Lanka, Thailand,3 and Turkey were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 51333, August 22, 2022; 78 FR 51335, August 22, 2022; and 87 FR 51339, August 22, 2022. 3 Commerce published notice in the Federal Register of a negative final determination of subsidies in connection with the investigation concerning steel nails from Thailand (87 FR 51343, August 22, 2022). Accordingly, effective August 22, 2022, the Commission terminated its countervailing duty investigation concerning steel nails from Thailand (87 FR 55036, September 8, 2022). given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of June 21, 2022 (87 FR 36882). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on August 17, 2022. All persons who requested the opportunity were permitted to participate. 3 Views of the Commission Based on the record in the final phase of these investigations, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey found by the U.S. Department of Commerce (“Commerce”) to be subsidized by the governments of India, Oman, and Turkey. We find that imports of steel nails from Sri Lanka found by Commerce to be subsidized by the government of Sri Lanka are negligible and terminate that investigation. Background Mid Continent Steel & Wire, Inc. (“Mid Continent” or “Petitioner”), a domestic producer of steel nails, filed the petitions in these investigations on December 30, 2021. Although the antidumping duty petitions for steel nails from India, Sri Lanka, Thailand, and Turkey and the countervailing duty petitions for steel nails from India, Oman, Sri Lanka, Thailand, and Turkey were filed on the same day, the investigation schedules became staggered when Commerce did not align its countervailing duty investigations with its antidumping duty investigations.1 In addition, Commerce did not postpone the final determination for its antidumping duty investigation regarding Turkey while it did postpone the final determinations for its 1 See Certain Steel Nails From India: Preliminary Affirmative Countervailing Duty Determination, 87 Fed. Reg. 34,654 (June 7, 2022); Certain Steel Nails From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, 87 Fed. Reg. 34,645 (June 7, 2022); Certain Steel Nails From Thailand: Preliminary Negative Countervailing Duty Determination, 87 Fed. Reg. 34,651 (June 7, 2022); and Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 87 Fed. Reg. 34,649 (June 7, 2022). Commerce is required to align antidumping and countervailing duty investigations filed on the same day and for the same product where the petitioner requests such an alignment. See 19 U.S.C. § 1671d (a)(1); see also 19 C.F.R. § 351.210(b)(4)(i). Petitioner did not request an alignment of the investigations on steel nails from India, Sri Lanka, Thailand, or Turkey. 4 antidumping duty investigations regarding India, Sri Lanka, and Thailand.2 Commerce published its final affirmative determinations in the countervailing duty investigations regarding steel nails from India, Oman, Sri Lanka, and Turkey on August 22, 2022.3 This necessitates that the Commission issue earlier determinations in the countervailing duty investigations regarding steel nails from India, Oman, Sri Lanka, and Turkey, than in the trailing antidumping duty investigations.4 Pursuant to the statutory provision on staggered investigations, the record for the trailing antidumping duty investigations will be the same as the record in the countervailing duty investigations except that, prior to the Commission’s determinations in the antidumping 2 See Certain Steel Nails From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 Fed. Reg. 47,719 (Aug. 4, 2022); Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 87 Fed. Reg. 47,701 (Aug. 4, 2022); Certain Steel Nails From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 Fed. Reg. 47,708 (Aug. 4, 2022); and Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 Fed. Reg. 47,699, 47,701 (Aug. 4, 2022). 3 See Certain Steel Nails From India: Final Affirmative Countervailing Duty Determination, 87 Fed. Reg. 51,333 (Aug. 22, 2022); Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination, 87 FR 51,335 (Aug. 22, 2022); Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination, 87 FR 51,337 (Aug. 22, 2022); and Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 87 FR 51,339 (Aug. 22, 2022). Commerce published a final negative countervailing duty determination with respect to Thailand. See Certain Steel Nails From Thailand: Final Negative Countervailing Duty Determination, 87 Fed. Reg. 51,343 (Aug. 22, 2022). Consequently, the Commission terminated the countervailing duty investigation concerning steel nails imported from Thailand. See Steel Nails from Thailand: Termination of Investigation, 87 Fed. Reg. 55,036 (Sep. 8, 2022). 4 Commerce is currently scheduled to issue its final antidumping duty determination with respect to Turkey no later than October 18, 2022, and its final antidumping duty determinations with respect to India, Sri Lanka, and Thailand no later than December 19, 2022. See 87 Fed. Reg. 47,719, 47,720-47,721 (Aug. 4, 2022); 87 Fed. Reg. 47,701, 47,703 (Aug. 4, 2022); 87 Fed. Reg. 47,708, 47,710 (Aug. 4, 2022); and 87 Fed. Reg. 47,699, 47,701 (Aug. 4, 2022). The Commission’s final determinations in the antidumping duty investigations must be made within 45 days after Commerce’s final determinations, or no later than December 2, 2022, with respect to Turkey and no later than February 2, 2023, with respect to India and Thailand, and within 75 days after Commerce’s final affirmative determination, or no later than March 6, 2023, with respect to Sri Lanka. See 19 U.S.C. § 1673d(b)(2) and (3). 5 duty investigations regarding India, Sri Lanka, Thailand, and Turkey, the Commission shall include in the record Commerce’s final dumping determinations and the parties’ final comments concerning those determinations.5 Petitioner appeared at the hearing accompanied by counsel and submitted prehearing and posthearing briefs.6 Several respondent entities participated in the final phase of the investigations, including the Hillman Group (“Hillman”), PrimeSource Building Products, Inc. (“PrimeSource”), Metropolitan Staple Corp. (“MSC”), Steel Products Company, Inc. (“SPC”), and Steel & Wire Northeast, LP (“SWN”), U.S. importers of subject merchandise, and Trinity Steel Pvt. Ltd. (“Trinity”), a producer of subject merchandise in Sri Lanka. PrimeSource, MSC, SPC, and SWN (collectively “Joint Respondents”), and Trinity appeared at the hearing accompanied by counsel and submitted prehearing and posthearing briefs. Hillman appeared at the hearing accompanied by counsel and submitted a posthearing brief. A representative from the government of Turkey also appeared at the hearing.7 The period of investigation (“POI”) in the final phase of these investigations is January 2019 through March 2022. U.S. industry data are based on the questionnaire responses from nine firms that accounted for the vast majority of domestic production of steel nails during 5 See 19 U.S.C. § 1677(7)(G)(iii). 6 In light of the restrictions on access to the Commission building due to the COVID-19 pandemic, the Commission conducted its hearing through videoconference held on August 17, 2022, as set forth in procedures provided to the parties. See Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations, 87 Fed. Reg. 36,882, 36,883 (June 7, 2022); see also Hearing Procedures for August 17, 2022, EDIS Doc. No. 777700 (Aug. 11, 2022). 7 The government of Turkey also filed a written statement following the hearing. See EDIS Doc. No. 780091 (Sep. 13, 2022). 6 2021.8 U.S. import data are based on official Commerce import statistics.9 The Commission received responses to its questionnaires from four producers of subject merchandise in India, believed to account for more than *** of production of subject merchandise in India during 2021.10 The Commission received a response from one producer of subject merchandise in Oman, believed to account for approximately *** percent of production of subject merchandise in Oman during 2021.11 The Commission received a response from one producer of subject merchandise in Sri Lanka, believed to account for approximately *** percent of production of subject merchandise in Sri Lanka during 2021.12 The Commission received a response from five producers of subject merchandise in Thailand, believed to account for approximately *** percent of production of subject merchandise in Thailand during 2021.13 Lastly, the Commission received a response from two producers of subject merchandise in Turkey, believed to account for approximately *** percent of production of subject merchandise in Turkey during 2021.14 8 Confidential Report, Memorandum INV-UU-086 (Sep. 6, 2022), as amended by Memorandum INV-UU-089 (Sep. 9, 2022) (“CR”); Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey, Inv. Nos. 701-TA-673-675 and 677 and 731-TA-1580-1583 (Final), USITC Pub. 5370 (Sep. 2022) (“PR”) at I-5 and III-1. A tenth producer, Specialty Fastening Systems, confirmed domestic production of less than *** short tons of steel nails in each year of the POI on ***. However, It was unable to complete the Commission’s questionnaire. CR/PR at III-1 Note 1. 9 CR/PR at I-5 and IV-1. 10 CR/PR at VII-3. 11 CR/PR at VII-12. 12 CR/PR at VII-20. 13 CR/PR at VII-28. 14 CR/PR at VII-37. 7 Domestic Like Product A. In General In determining whether an industry in the United States is materially injured or threatened with material injury by reason of imports of subject merchandise, the Commission first defines the “domestic like product” and the “industry.”15 Section 771(4)(A) of the Tariff Act of 1930, as amended (“the Tariff Act”), defines the relevant domestic industry as the “producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product.”16 In turn, the Tariff Act defines “domestic like product” as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation.”17 By statute, the Commission’s “domestic like product” analysis begins with the “article subject to an investigation,” i.e., the subject merchandise as determined by Commerce.18 Therefore, Commerce’s determination as to the scope of the imported merchandise that is subsidized and/or sold at less than fair value is “necessarily the starting point of the Commission’s like product analysis.”19 The Commission then defines the domestic like product 15 19 U.S.C. § 1677(4)(A). 16 19 U.S.C. § 1677(4)(A). 17 19 U.S.C. § 1677(10). 18 19 U.S.C. § 1677(10). The Commission must accept Commerce’s determination as to the scope of the imported merchandise that is subsidized and/or sold at less than fair value. See, e.g., USEC, Inc. v. United States, 34 Fed. App’x 725, 730 (Fed. Cir. 2002) (“The ITC may not modify the class or kind of imported merchandise examined by Commerce.”); Algoma Steel Corp. v. United States, 688 F. Supp. 639, 644 (Ct. Int’l Trade 1988), aff’d, 865 F.3d 240 (Fed. Cir.), cert. denied, 492 U.S. 919 (1989). 19 Cleo Inc. v. United States, 501 F.3d 1291, 1298 (Fed. Cir. 2007); see also Hitachi Metals, Ltd. v. United States, Case No. 19-1289, slip op. at 8-9 (Fed. Circ. Feb. 7, 2020) (the statute requires the Commission to start with Commerce’s subject merchandise in reaching its own like product determination). 8 in light of the imported articles Commerce has identified.20 The decision regarding the appropriate domestic like product(s) in an investigation is a factual determination, and the Commission has applied the statutory standard of “like” or “most similar in characteristics and uses” on a case-by-case basis.21 No single factor is dispositive, and the Commission may consider other factors it deems relevant based on the facts of a particular investigation.22 The Commission looks for clear dividing lines among possible like products and disregards minor variations.23 B. Product Description Commerce defined the scope of the imported within the scope of these investigations as: {C}ertain 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 20 Cleo, 501 F.3d at 1298 n.1 (“Commerce’s {scope} finding does not control the Commission’s {like product} determination.”); Hosiden Corp. v. Advanced Display Mfrs., 85 F.3d 1561, 1568 (Fed. Cir. 1996) (the Commission may find a single like product corresponding to several different classes or kinds defined by Commerce); Torrington Co. v. United States, 747 F. Supp. 744, 748–52 (Ct. Int’l Trade 1990), aff’d, 938 F.2d 1278 (Fed. Cir. 1991) (affirming the Commission’s determination defining six like products in investigations where Commerce found five classes or kinds). 21 See, e.g., Cleo Inc. v. United States, 501 F.3d 1291, 1299 (Fed. Cir. 2007); NEC Corp. v. Department of Commerce, 36 F. Supp. 2d 380, 383 (Ct. Int’l Trade 1998); Nippon Steel Corp. v. United States, 19 CIT 450, 455 (1995); Torrington Co. v. United States, 747 F. Supp. 744, 749 n.3 (Ct. Int’l Trade 1990), aff’d, 938 F.2d 1278 (Fed. Cir. 1991) (“every like product determination ‘must be made on the particular record at issue’ and the ‘unique facts of each case’”). The Commission generally considers a number of factors, including the following: (1) physical characteristics and uses; (2) interchangeability; (3) channels of distribution; (4) customer and producer perceptions of the products; (5) common manufacturing facilities, production processes, and production employees; and, where appropriate, (6) price. See Nippon, 19 CIT at 455 n.4; Timken Co. v. United States, 913 F. Supp. 580, 584 (Ct. Int’l Trade 1996). 22 See, e.g., S. Rep. No. 96-249 at 90-91 (1979). 23 Nippon, 19 CIT at 455; Torrington, 747 F. Supp. at 748-49; see also S. Rep. No. 96-249 at 90-91 (Congress has indicated that the like product standard should not be interpreted in “such a narrow fashion as to permit minor differences in physical characteristics or uses to lead to the conclusion that the product and article are not ‘like’ each other, nor should the definition of ‘like product’ be interpreted in such a fashion as to prevent consideration of an industry adversely affected by the imports under consideration.”). 9 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 10 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas-actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to these investigations also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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.24 24 See 87 Fed. Reg. 51,333, 51,334-51,335 (Aug. 22, 2022); 87 FR 51,335, 51,336-51,337 (Aug. 22, 2022); 87 FR 51,337, 51,338-51,339 (Aug. 22, 2022); and 87 FR 51,339, 51,341 (Aug. 22, 2022). The scope, which is unchanged since Commerce’s preliminary determinations, is identical in the antidumping and countervailing duty investigations. See 87 Fed. Reg. 47,719, 47,721 (Aug. 4, 2022); 87 Fed. Reg. 47,701, 47,703-47,704 (Aug. 4, 2022); 87 Fed. Reg. 47,708, 47,710-47,711 (Aug. 4, 2022); and 87 Fed. Reg. 47,699, 47,701 (Aug. 4, 2022). 11 Steel nails are small steel bars that are pointed on one end and have some type of head at the other end. They are typically produced from low-carbon, stainless, or medium- to high- carbon steel. They are packaged for shipment in bulk (loose in a container) or collated (joined into strips for use in pneumatic nailing tools, i.e., nail guns). Although most nails are produced from a single piece of steel, some are produced from two or more pieces (such as nails with decorative heads). To produce nails from wire, the steel wire is fed from a large coil into a nail machine that automatically straightens the wire, forms the head of the nail, and cuts the nail from the wire, simultaneously forming the point and ejecting the finished nail. Cut nails, which are used primarily for joining to masonry or concrete, are produced from steel sheet or plate that is sheared into strips that are fed into specially designed nail machines, which shape the nails and form the heads. Nails are produced with a number of finishes, depending upon the intended use. For example, nails with galvanized coatings are intended for uses where corrosion and staining resistance are important, resin coatings are used to aid in driving the nail, and cement coatings are used to increase the resistance of the nail to withdrawal by increasing the friction between the nail and the wood into which it has been driven.25 C. Arguments of the Parties Petitioner argues that the Commission should define a single domestic like product coextensive with the scope, as it did in the preliminary phase of these investigations.26 Respondents state that they do not contest the domestic like product definition.27 25 CR/PR at I-16-I-20. 26 Petitioner’s Prehearing Br. at 6-8. 27 See Joint Respondents’ Prehearing Br. at 5-6. 12 D. Analysis In the preliminary phase of these investigations, the Commission defined a single domestic like product consisting of all steel nails within the scope. 28 It found that all domestically produced steel nails corresponding to the scope definition shared the same basic characteristics and general use, are produced to the same industry-wide standards, and are sold through the same channels of distribution. While recognizing that there were some differences among domestically produced steel nail products in terms of production processes, interchangeability, customer and producer perception, and price, the Commission viewed these differences as consistent with a continuum of nail products within a single domestic like product. The record in the final phase of these investigations does not contain any new information concerning the characteristics and uses of steel nails suggesting that the Commission should revisit its definition of the domestic like product from the preliminary phase of the investigations.29 Accordingly, we again define a single domestic like product consisting of all steel nails, coextensive with Commerce’s scope. Domestic Industry The domestic industry is defined as the domestic “producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product.”30 In defining the domestic 28 Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey, Inv. Nos. 701-673-677 and 731- TA-1580-1583 (Preliminary), USITC Pub. 5283 (Feb. 2022) (“Preliminary Determinations”) at 10-13. 29 See generally CR/PR at I-16-I-20. 30 19 U.S.C. § 1677(4)(A). 13 industry, the Commission’s general practice has been to include in the industry producers of all domestic production of the like product, whether toll-produced, captively consumed, or sold in the domestic merchant market. We must determine whether any producer of the domestic like product should be excluded from the domestic industry pursuant to section 771(4)(B) of the Tariff Act. This provision allows the Commission, if appropriate circumstances exist, to exclude from the domestic industry producers that are related to an exporter or importer of subject merchandise or which are themselves importers.31 Exclusion of such a producer is within the Commission’s discretion based upon the facts presented in each investigation.32 A. Arguments of the Parties Petitioner argues that the Commission should define the domestic industry to include all domestic producers of steel nails, as it did in the preliminary phase of these investigations.33 Respondents state that they do not contest the domestic industry definition.34 31 See Torrington Co. v. United States, 790 F. Supp. 1161, 1168 (Ct. Int’l Trade 1992), aff’d without opinion, 991 F.2d 809 (Fed. Cir. 1993); Sandvik AB v. United States, 721 F. Supp. 1322, 1331-32 (Ct. Int’l Trade 1989), aff’d mem., 904 F.2d 46 (Fed. Cir. 1990); Empire Plow Co. v. United States, 675 F. Supp. 1348, 1352 (Ct. Int’l Trade 1987). 32 The primary factors the Commission has examined in deciding whether appropriate circumstances exist to exclude a related party include the following: (1) the percentage of domestic production attributable to the importing producer; (2) the reason the U.S. producer has decided to import the product subject to investigation (whether the firm benefits from the LTFV sales or subsidies or whether the firm must import in order to enable it to continue production and compete in the U.S. market); (3) whether inclusion or exclusion of the related party will skew the data for the rest of the industry; (4) the ratio of import shipments to U.S. production for the imported product; and (5) whether the primary interest of the importing producer lies in domestic production or importation. Changzhou Trina Solar Energy Co. v. USITC, 100 F. Supp.3d 1314, 1326-31 (Ct. Int’l. Trade 2015); see also Torrington Co. v. United States, 790 F. Supp. at 1168. 33 Petitioner’s Prehearing Br. at 8. 34 See Joint Respondents’ Prehearing Br. at 5-6. 14 B. Analysis Domestic producers *** and *** qualify as related parties subject to possible exclusion from the domestic industry under the related parties provision.35 *** is *** percent owned by ***, which has a *** percent ownership stake in ***, a U.S. importer of subject merchandise.36 *** is *** percent owned by ***, which has a *** percent ownership stake in ***, a U.S. importer of subject merchandise.37 Additionally, *** is subject to the related party provision because it imported subject merchandise.38 In its preliminary determinations, the Commission found that appropriate circumstances did not exist to exclude either *** or *** from the domestic industry under the related parties provision because imports of subject merchandise by their affiliated importers were small in relation to their domestic production and their principal interest appeared to be in domestic production.39 In the final phase of the investigations, we again find that appropriate circumstances do not exist to exclude either U.S. producer based on the following analysis. ***. The record in the final phase of these investigations indicates that ***, was responsible for *** percent of U.S. production of steel nails in 2021, and was the *** of the nine responding U.S. producers that year in terms of quantity of U.S. production.40 The ratio of *** imports of subject merchandise to *** domestic production was *** percent in 2019, *** 35 CR/PR at Tables III-2, III-10. 36 CR/PR at Table III-2. 37 CR/PR at Table III-2. 38 Specifically, *** reported imports of subject imports from ***. CR/PR at Table III-10. 39 See Confidential Preliminary Views, EDIS Doc. No. 763812 (Feb. 23, 2022) at 18-20. *** also imported subject merchandise from ***. Id. 40 CR/PR at Table IIII-1. 15 percent in 2020, *** percent in 2021, *** percent in January-March (“interim”) 2021, and *** percent in interim 2022.41 As *** is the *** in this investigation and its related importer’s imports of subject merchandise were small, albeit increasing over the POI, relative to *** domestic production, we find that its principal interest is in domestic production. The record also does not suggest that *** affiliation with *** caused it to be affected differently by subject imports than other domestic producers. We therefore find that appropriate circumstances do not exist to exclude *** from the domestic industry under the related parties provision. ***. The record in the final phase of these investigations indicates that *** was responsible for *** percent of U.S. production of steel nails in 2021, and was the *** largest of the nine reporting U.S. producers that year in terms of quantity of U.S. production.42 It *** the petitions.43 *** imports of subject merchandise were *** short tons in 2019, *** short tons in 2020, and *** short tons in 2021; they were *** short tons in interim 2022, compared to *** short tons in interim 2021.44 The ratio of *** imports of subject merchandise to *** domestic production was *** percent in 2019, *** percent in 2020, and *** percent in 2021; they were *** percent in interim 2022 compared to *** percent in interim 2021.45 41 CR/PR at Table III-11. *** imports of subject merchandise totaled *** short tons in 2019, *** short tons in 2020, *** short tons in 2021, *** short tons in interim 2021, and *** short tons in interim 2022. Id. 42 CR/PR at Table III-1. 43 CR/PR at Table III-1. 44 CR/PR at Table III-10. 45 CR/PR at Table III-10. During the POI, *** directly imported subject merchandise from a ***, and the ratio of the firm’s direct imports to domestic production was *** throughout the POI. CR/PR at Table III-10. 16 Although *** imports of subject merchandise and the ratio of those imports to *** domestic production increased from 2019 to 2020, they declined to relatively low levels in 2021, and interim 2022. Given this information, *** principal interest appears to be in domestic production, and the record does not suggest that it benefitted overall from its affiliation with *** and its ***. We therefore find that appropriate circumstances do not exist to exclude *** from the domestic industry under the related parties provision. In sum, consistent with our definition of the domestic like product, we define the domestic industry as consisting of all U.S. producers of steel nails. Negligible Imports Pursuant to Section 771(24) of the Tariff Act, imports from a subject country of merchandise corresponding to a domestic like product that account for less than 3 percent of all such merchandise imported into the United States during the most recent 12 months for which data are available preceding the filing of the petition shall be deemed negligible. 19 U.S.C. §§ 1671b(a), 1673b(a), 1677(24)(A)(i), 1677(24)(B); see also 15 C.F.R. § 2013.1 (developing countries for purposes of 19 U.S.C. § 1677(36)). The statute further provides that subject imports from a single country which comprise less than 3 percent of total such imports of the product may not be considered negligible if there are several countries subject to investigation with negligible imports and the sum of such imports from all those countries collectively accounts for more than 7 percent of the volume of all such merchandise imported into the United States. 19 U.S.C. § 1677(24)(A)(ii). In the case of countervailing duty investigations involving developing countries (as designated by the United States Trade 17 Representative), the statute indicates that the negligibility limits are 4 percent and 9 percent, rather than 3 percent and 7 percent. 19 U.S.C. § 1677(24)(B). Additionally, even if subject imports are found to be negligible for purposes of present material injury, they shall not be treated as negligible for purposes of a threat analysis should the Commission determine that there is a potential that subject imports from the country concerned will imminently account for more than 3 percent (4 percent for countervailing duty investigations of developing countries) of all such merchandise imported into the United States.46 The Commission also assesses whether there is a potential that the aggregate volumes of subject imports from all countries with currently negligible imports will imminently exceed 7 percent of all such merchandise imported into the United States.47 The threshold is 9 percent for developing countries. A. Arguments of the Parties Petitioner’s Arguments. Petitioner contends that the Commission should not terminate any of the current investigations on the basis of negligibility. While Petitioner does not argue that subject imports from Sri Lanka subject to the countervailing duty investigation exceeded the 4 percent negligibility threshold for purposes of the present material injury determination, it does argue that there is a potential that subject imports from Sri Lanka will imminently exceed the 4 percent threshold based on increases in Trinity’s production, export, and capacity utilization figures between 2019 and 2021, monthly U.S. import data, and Sri Lanka’s share of total imports, which exceeded the four percent threshold in 2019 and 2020, and increased in 46 19 U.S.C. § 1677(24)(A)(iv). 47 19 U.S.C. § 1677(24)(A)(iv). 18 April through May 2022 relative to January through March 2022.48 Petitioner also disputes Trinity’s argument that political, economic, and social unrest in Sri Lanka will likely keep subject imports from Sri Lanka under the negligibility threshold, citing evidence that, in its view, indicate that subject imports from Sri Lanka will imminently exceed the negligibility threshold.49 Respondents’ Arguments. Trinity argues that subject imports from Sri Lanka subject to the countervailing duty investigation are negligible, and there is no potential that they will imminently exceed the 4 percent negligibility threshold, citing Sri Lanka’s declining share of monthly U.S. imports before and after the filing of the petitions. It characterizes the increase in Sri Lanka’s share of U.S. imports in May 2022 as an anomaly caused by the clearing of a large portion of backlogs at U.S. ports that month.50 Trinity also contends that severe political, economic, and social unrest in Sri Lanka has hindered its ability to produce and export steel nails, and will prevent subject imports from Sri Lanka from exceeding the negligibility threshold.51 B. Analysis During the most recent 12-month period preceding the filing of the petitions for the countervailing duty investigations (December 2020 through November 2021), subject imports from India accounted for 4.67 percent of total imports, subject imports from Oman accounted 48 Petitioner’s Prehearing Br. at 9-10, 13-14; Petitioner’s Posthearing Br., Exh. 1, Answers to Commissioners’ Questions, at 33-34; Petitioner’s Final Comments at 2, 4-5. 49 Petitioner’s Posthearing Br., Exh. 1 at 35-40, Petitioner’s Final Comments at 2-4, 6-7. 50 Trinity provided its own production and export data through July 2022 to demonstrate that the data were lower in July 2022 than July totals for 2019 through 2021, and that production and exports declined from May through July 2022. Trinity’s Prehearing Br. at 6-7, Exh. 1. 51 Trinity’s Prehearing Br. at 5-15; Trinity’s Posthearing Br. at 1-9; Trinity’s Final Comments at 1- 7. 19 for 10.23 percent of total imports, subject imports from Sri Lanka accounted for 3.95 percent of total imports, and subject imports from Turkey accounted for 6.55 percent of total imports.52 Because subject imports from India, Oman, and Turkey were above the 3 percent negligibility threshold applicable to countervailing duty investigations, we find that subject imports from India, Oman, and Turkey are not negligible. Because subject imports from Sri Lanka were below the 4 percent negligibility threshold applicable to countervailing duty investigations involving developing countries,53 we find that imports from Sri Lanka subject to the countervailing duty investigation are negligible for purposes of our present material injury analysis. We next consider whether subject imports from Sri Lanka have the potential imminently to exceed the 4 percent negligibility threshold for purposes of determining threat of material injury. The record indicates that subject imports from Sri Lanka declined as a share of total imports over the POI, falling below the negligibility threshold towards the end of the period. Subject imports from Sri Lanka declined as a share of total imports from 4.2 percent in 2019 to 4.1 percent in 2020 and to 3.9 percent in 2021; they were 3.5 percent in interim 2022, compared to 4.0 percent in interim 2021.54 Based on the rolling 12-month average import data from January 2020 through June 2022, subject imports from Sri Lanka did not exceed the four percent negligibility threshold after February 2021 (4.04 percent), with the exceptions of May (4.03 percent) and June (4.01 percent) 2022, when the clearing of backlogs at U.S. ports in May 52 CR/PR at Table IV-5. 53 CR/PR at Table IV-5. 54 CR/PR at Table IV-2. 20 appeared to have resulted in a temporary increase in subject imports from Sri Lanka that rolled over into June.55 The record also indicates that the declining trend in subject imports from Sri Lanka as a share of total imports is unlikely to be reversed in the imminent future. Data provided by Trinity indicate that Trinity’s production and exports to the United States in July 2022 were *** percent lower than in July 2021.56 These data are consistent with Trinity’s projected declines to its production and export shipments in 2022 and 2023.57 In addition, information on the record suggests that strong demand trends seen during the latter portion of the POI are not likely to change imminently.58 55 CR/PR at Table IV-6. See also id., at Table IV-10. Based on its share of individual month by month data, imports from Sri Lanka post-petition totaled: 3.56 percent in December 2021, 4.30 percent in January 2022, 3.12 percent in February 2022, 2.97 percent in March 2022, 3.58 percent in April 2022, and 5.35 percent in May 2022. Derived from Table IV-10. Trinity submitted email correspondence with its logistics provider and a summary of its import entries into the United States in May 2022 that correspond to its invoices dating back to December 2021 and January 2022. Trinity’s Posthearing Br. at 8-9, Exhs. 14-15. Trinity reported that its lead time for shipments of steel nails produced-to-order (which constitutes *** of its sales in 2021) is ***. See Response of Trinity Steel (Pvt) Ltd. To U.S. Importers’ Questionnaire, EDIS Doc. No. 775191 (July 12, 2022) at III-8. As such, exports shipments by Trinity in December 2021 and January 2022, under “normal” circumstances, would have been expected to make entry into the U.S. by March or April 2022. Rather, these shipments made entry in May 2022. Thus, the increase in subject imports from Sri Lanka in May of 2022 appear to reflect the clearing of a backlog of exports from Sri Lanka to the United States over the preceding months, rather than an increase in new exports from Sri Lanka to the United States. 56 Trinity’s Posthearing Br., Exh. 1. U.S. importers reported arranging for a declining level of imports from Sri Lanka in the imminent future; arranged imports from Sri Lanka were *** short tons in the third quarter of 2022, *** short tons in the fourth quarter of 2022, and *** short tons in the first quarter of 2023. CR/PR at Table VII-34. 57 CR/PR at Table VII-15. 58 U.S. shipments data collected through June 2022 shows that apparent U.S. consumption was higher in January through June 2022 than in July through December 2021 or January through June 2021. Derived from CR/PR Table IV-15. See also Joint Respondents’ Posthearing Br., Exhs. 1 (containing U.S. Census Bureau and U.S. Department of Housing and Urban Development data showing an increase in housing starts from 2010 to the first half of 2022), 2 (containing Leading Indicator of Remodeling Activity growth projections for the remainder of 2022 through mid-2023), 3 (containing a National Association of Home Builders/Westlake Remodeling Market Index score of 77 for the second quarter of 2022, 21 Moreover, Trinity’s end-of-period inventories decreased by *** percent and were lower by *** percent during interim 2022 than in interim 2021.59 Trinity accounted for *** Sri Lankan steel nail exports to the United States in 2021, and exports to the United States accounted for *** of Trinity’s total shipments throughout the POI.60 Trinity’s ability to produce steel nails for export to the United States has been severely undermined by political and economic instability in Sri Lanka that began in April 2022 and is likely to continue in the imminent future. Specifically, record evidence suggests the following: (1) Sri Lanka has experienced power cuts due to a lack of fuel and water, which it struggles to import due to insufficient available foreign currency;61 (2) these power cuts, which may persist for the next several years, have led to a decline in Trinity’s average monthly electricity consumption of *** percent, an increase in electricity tariffs, and interruptions to two shifts of its steel production to date;62 (3) public transportation has ceased to operate, and social unrest and curfew orders have further reduced the number of available production workers;63 (4) Trinity has struggled to access financing for export sales as overseas counterparties have declined to honor letters of credit drawn on Sri Lankan banks, including its own bank;64 (5) U.S. customers have canceled orders with Trinity that had been scheduled for delivery in 2022 indicating that more remodelers viewed the remodeling market as good than poor in that period), and 14 (PrimeSource internal forecast projecting increased demand for certain steel nails in 2023). 59 Trinity’s end-of-period inventories totaled *** short tons in 2019, *** short tons in 2020, *** short tons in 2021, *** short tons in interim 2021, and *** short tons in interim 2022. CR/PR at Table VII-15. 60 CR/PR at Table VII-13. 61 Trinity’s Prehearing Br. at 12, Exh. 7a. See also Hearing Tr. at 149-151 (Miranda). 62 Trinity’s Prehearing Br at 12-13, Exhs. 7b, 8; Trinity’s Posthearing Br. at 2, Exhs. 1-3. 63 Trinity’s Prehearing Br. at 13; Trinity’s Posthearing Br. at 3-4, Exhs. 4-5. 64 Trinity’s Posthearing Br. at 4, Exhs. 6-7. 22 because of Trinity’s *** due to long and unreliable delivery times;65 and lastly (6) Trinity’s costs for staffing services, cleaning services, food services, security services, and vehicle leases, and fuel, have increased by *** percent, reflective of high and rising inflation.66 This evidence suggests that economic and political instability in Sri Lanka will likely continue to impede Trinity’s ability to produce and export steel nails in the imminent future. In light of the above, including that subject imports from Sri Lanka remained below the negligibility threshold after February 2021 (with the exception of two months due to the clearing of import backlogs at U.S. ports), that Trinity’s exports to the United States in July 2022 were *** percent lower than in July 2021, and that the record demonstrates that economic and political instability in Sri Lanka is likely to limit Trinity’s production and exports of steel nails in the imminent future, we find that subject imports from Sri Lanka do not have the potential imminently to exceed the four percent threshold. We therefore terminate the countervailing duty investigation concerning steel nails from Sri Lanka. Cumulation For purposes of evaluating the volume and effects for a determination of material injury by reason of subject imports, section 771(7)(G)(i) of the Tariff Act requires the Commission to cumulate subject imports from all countries as to which petitions were filed and/or investigations self-initiated by Commerce on the same day, if such imports compete with each other and with the domestic like product in the U.S. market. In assessing whether subject 65 Trinity’s Posthearing Br. at 9, Exh. 16. 66 Trinity’s Posthearing Br. at 5, Exhs. 8a-8e. 23 imports compete with each other and with the domestic like product, the Commission generally has considered four factors: (1) the degree of fungibility between subject imports from different countries and between subject imports and the domestic like product, including consideration of specific customer requirements and other quality related questions; (2) the presence of sales or offers to sell in the same geographic markets of subject imports from different countries and the domestic like product; (3) the existence of common or similar channels of distribution for subject imports from different countries and the domestic like product; and (4) whether the subject imports are simultaneously present in the market.67 While no single factor is necessarily determinative, and the list of factors is not exclusive, these factors are intended to provide the Commission with a framework for determining whether the subject imports compete with each other and with the domestic like product.68 Only a “reasonable overlap” of competition is required.69 A. Arguments of the Parties Petitioner’s Arguments. Petitioner argues that the Commission should cumulate subject imports, as it did in the preliminary determinations. It contends that the petitions were filed on 67 See Certain Cast-Iron Pipe Fittings from Brazil, the Republic of Korea, and Taiwan, Inv. Nos. 731-TA-278-280 (Final), USITC Pub. 1845 (May 1986), aff’d, Fundicao Tupy, S.A. v. United States, 678 F. Supp. 898 (Ct. Int’l Trade), aff’d, 859 F.2d 915 (Fed. Cir. 1988). 68 See, e.g., Wieland Werke, AG v. United States, 718 F. Supp. 50 (Ct. Int’l Trade 1989). 69 The Statement of Administrative Action (SAA) to the Uruguay Round Agreements Act (URAA), expressly states that “the new section will not affect current Commission practice under which the statutory requirement is satisfied if there is a reasonable overlap of competition.” H.R. Rep. No. 103- 316, Vol. I at 848 (1994) (citing Fundicao Tupy, S.A. v. United States, 678 F. Supp. at 902; see Goss Graphic Sys., Inc. v. United States, 33 F. Supp. 2d 1082, 1087 (Ct. Int’l Trade 1998) (“cumulation does not require two products to be highly fungible”); Wieland Werke, AG, 718 F. Supp. at 52 (“Completely overlapping markets are not required.”). 24 the same day and there is a reasonable overlap of competition between and among subject imports from each source and the domestic like product.70 Petitioner also submits that the Commission should cumulate subject imports from Thailand with subject imports from India, Oman, and Turkey, as subject imports from Thailand remain subject to the antidumping duty investigation and may be cross-cumulated with imports subject to these countervailing duty investigations.71 Respondents’ Arguments. Joint Respondents argue that Thailand should be excluded from the subject country category in these investigations due to Commerce’s zero percent countervailing duty margin in its final determinations. Instead, Thailand should be considered a nonsubject supplier for purposes of the Commission’s determinations, such that imports from Thailand should not be cumulated with other imports subject to these countervailing duty investigations.72 B. Analysis The statutory threshold for cumulation is satisfied in these investigations because Petitioners filed the antidumping and countervailing duty petitions with respect to all four 70 Petitioner’s Prehearing Br. at 10-15. 71 Petitioner’s Final Comments at 1-2. 72 Joint Respondents’ Posthearing Br., Exh. 1, Response to Commission Questions, at 5. The Commission notes that imports from Thailand remain subject to an antidumping investigation, and cumulates those imports with imports from Oman subject to the countervailing duty investigation, and imports from India and Turkey subject to the antidumping and countervailing duty investigations. See, e.g., Polyethylene Terephthalate (PET) Resin from Canada, China, India, and Oman, Inv. Nos. 701-TA- 531-532 and 731-TA-1270-1273 (Final), USITC Pub. 4604 at 9-11 (April 2016); Circular Welded Carbon- Quality Steel Pipe from India, Oman, the United Arab Emirates, and Vietnam, Inv. Nos. 701-TA-482 to 484 (Final), USITC Pub. 4362 at 12 n.59 (Dec. 2012); Softwood Lumber from Canada, Inv. Nos. 701-TA- 414 and 731-TA-928 (Final), USITC Pub. 3509 at 29-31 (May 2009); Bingham & Taylor v. United States, 815 F.2d 982 (Fed. Cir. 1987). 25 subject countries on the same day, December 31, 2021.73 As discussed below, the record in the final phase of these investigations continues to demonstrate that there is a reasonable overlap of competition between the domestic like product and imports from India, Oman, Thailand and Turkey, and among imports from each subject country.74 Fungibility. The record indicates that domestically produced steel nails and imports of steel nails from each subject country of the same type are fungible.75 Most responding U.S. producers, importers, and purchasers reported that subject imports from each subject country are always or frequently interchangeable with each other as well as with domestically produced steel nails.76 In 2021, domestically produced steel nails and subject imports from all sources were sold in overlapping forms and finishes, with the largest volume of U.S. shipments of steel nails from all sources consisting of bright steel nails.77 Consequently, the record indicates that the domestic like product and steel nails from each subject source are fungible. 73 Statutory exceptions apply to preclude cumulation of imports from Sri Lanka subject to both the countervailing and antidumping duty investigations. Pursuant to 19 U.S.C. § 1677(7)(G)(ii)(II), the Commission shall not cumulate imports for an investigation that is terminated; therefore, we are precluded from cumulating steel nail imports from Sri Lanka subject to the countervailing duty investigation on the basis that such imports are negligible for purposes of both present and threat of material injury. Pursuant to 19 U.S.C. § 1677(7)(G)(ii)(I), the Commission shall not cumulate imports for an investigation in which Commerce has made a preliminary negative determination, unless it subsequently has made a final affirmative determination; Commerce has made a preliminary negative antidumping duty determination with respect to imports of steel nails from Sri Lanka, and thus such imports cannot be cumulated at this time. See 87 Fed. Reg. 47,701. 74 For purposes of the present material injury analysis, cumulation involves imports from Oman subject to the countervailing duty investigation, imports from Thailand subject to the antidumping duty investigation (as the countervailing duty investigation with respect to Thailand has been terminated), and imports from India and Turkey with respect to the antidumping and countervailing duty investigations.75 CR/PR at II-17. 75 CR/PR at II-17. 76 CR/PR at Tables II-11-II-13. 77 CR/PR at Tables IV-7, F-1. 26 Channels of Distribution. During the POI, domestically produced steel nails and subject imports were sold primarily to distributors.78 The remainder of domestically produced steel nails supplied end-users, followed by retailers, whereas the remainder of subject imports from each source supplied retailers, followed by end users, with the exception of subject imports from Thailand.79 Thus, the record shows overlapping channels of distribution with respect to domestically produced and subject imported steel nails. Geographic Overlap. Domestically produced steel nails and imports from each subject country were sold in all geographic market areas of the United States.80 In addition, imports from each subject country entered the United States through all borders of entry in substantial volumes in 2021.81 The record thus shows that imports from each subject country and domestically produced steel nails were sold in overlapping geographical areas. Simultaneous Presence in Market. Official U.S. import statistics indicate that imports of steel nails from each subject source were present in the U.S. market with the domestic like product in every month of the POI.82 Conclusion. The record shows that imports from each eligible subject country are fungible with the domestic like product and with each other, and that subject imports from each subject country and the domestic like product overlapped in terms of channels of distribution and geographic markets. The record also indicates that imports from each subject country and the domestic like product were simultaneously present in the U.S. market. 78 CR/PR at Table II-1. 79 CR/PR at Table II-1. 80 CR/PR at Table II-2. 81 CR/PR at Table IV-9. 82 CR/PR at Table IV-10. 27 Because the record indicates that there is a reasonable overlap of competition between and among imports from each subject country and the domestic like product, we cumulate subject imports from India, Oman, Thailand, and Turkey for purposes of our material injury analysis. No Material Injury by Reason of Subject Imports Based on the record in the final phase of these investigations, we find that an industry in the United States is not materially injured by reason of imports of steel nails from India, Oman, and Turkey found by Commerce to be subsidized by the governments of India, Oman, and Turkey. A. Legal Standards In the final phase of antidumping and countervailing duty investigations, the Commission determines whether an industry in the United States is materially injured or threatened with material injury by reason of the imports under investigation.83 In making this determination, the Commission must consider the volume of subject imports, their effect on prices for the domestic like product, and their impact on domestic producers of the domestic like product, but only in the context of U.S. production operations.84 The statute defines “material injury” as “harm which is not inconsequential, immaterial, or unimportant.”85 In assessing whether the domestic industry is materially injured by reason of subject imports, we consider all relevant economic factors that bear on the state of the industry in the United 83 19 U.S.C. §§ 1671d(b), 1673d(b). 84 19 U.S.C. § 1677(7)(B). The Commission “may consider such other economic factors as are relevant to the determination” but shall “identify each {such} factor ... and explain in full its relevance to the determination.” 19 U.S.C. § 1677(7)(B). 85 19 U.S.C. § 1677(7)(A). 28 States.86 No single factor is dispositive, and all relevant factors are considered “within the context of the business cycle and conditions of competition that are distinctive to the affected industry.”87 Although the statute requires the Commission to determine whether the domestic industry is “materially injured or threatened with material injury by reason of” unfairly traded imports,88 it does not define the phrase “by reason of,” indicating that this aspect of the injury analysis is left to the Commission’s reasonable exercise of its discretion.89 In identifying a causal link, if any, between subject imports and material injury to the domestic industry, the Commission examines the facts of record that relate to the significance of the volume and price effects of the subject imports and any impact of those imports on the condition of the domestic industry. This evaluation under the “by reason of” standard must ensure that subject imports are more than a minimal or tangential cause of injury and that there is a sufficient causal, not merely a temporal, nexus between subject imports and material injury.90 86 19 U.S.C. § 1677(7)(C)(iii). 87 19 U.S.C. § 1677(7)(C)(iii). 88 19 U.S.C. §§ 1671d(b), 1673d(b). 89 Angus Chemical Co. v. United States, 140 F.3d 1478, 1484-85 (Fed. Cir. 1998) (“{T}he statute does not ‘compel the commissioners’ to employ {a particular methodology}.”), aff’g, 944 F. Supp. 943, 951 (Ct. Int’l Trade 1996). 90 The Federal Circuit, in addressing the causation standard of the statute, observed that “{a}s long as its effects are not merely incidental, tangential, or trivial, the foreign product sold at less than fair value meets the causation requirement.” Nippon Steel Corp. v. USITC, 345 F.3d 1379, 1384 (Fed. Cir. 2003). This was further ratified in Mittal Steel Point Lisas Ltd. v. United States, 542 F.3d 867, 873 (Fed. Cir. 2008), where the Federal Circuit, quoting Gerald Metals, Inc. v. United States, 132 F.3d 716, 722 (Fed. Cir. 1997), stated that “this court requires evidence in the record ‘to show that the harm occurred “by reason of” the LTFV imports, not by reason of a minimal or tangential contribution to material harm caused by LTFV goods.’” See also Nippon Steel Corp. v. United States, 458 F.3d 1345, 1357 (Fed. Cir. 2006); Taiwan Semiconductor Industry Ass’n v. USITC, 266 F.3d 1339, 1345 (Fed. Cir. 2001). 29 In many investigations, there are other economic factors at work, some or all of which may also be having adverse effects on the domestic industry. Such economic factors might include nonsubject imports; changes in technology, demand, or consumer tastes; competition among domestic producers; or management decisions by domestic producers. The legislative history explains that the Commission must examine factors other than subject imports to ensure that it is not attributing injury from other factors to the subject imports, thereby inflating an otherwise tangential cause of injury into one that satisfies the statutory material injury threshold.91 In performing its examination, however, the Commission need not isolate the injury caused by other factors from injury caused by unfairly traded imports.92 Nor does 91 SAA at 851-52 (“{T}he Commission must examine other factors to ensure that it is not attributing injury from other sources to the subject imports.”); S. Rep. 96-249 at 75 (1979) (the Commission “will consider information which indicates that harm is caused by factors other than less- than-fair-value imports.”); H.R. Rep. 96-317 at 47 (1979) (“in examining the overall injury being experienced by a domestic industry, the ITC will take into account evidence presented to it which demonstrates that the harm attributed by the petitioner to the subsidized or dumped imports is attributable to such other factors;” those factors include “the volume and prices of nonsubsidized imports or imports sold at fair value, contraction in demand or changes in patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry”); accord Mittal Steel, 542 F.3d at 877. 92 SAA at 851-52 (“{T}he Commission need not isolate the injury caused by other factors from injury caused by unfair imports.”); Taiwan Semiconductor Industry Ass’n, 266 F.3d at 1345 (“{T}he Commission need not isolate the injury caused by other factors from injury caused by unfair imports ... . Rather, the Commission must examine other factors to ensure that it is not attributing injury from other sources to the subject imports.” (emphasis in original)); Asociacion de Productores de Salmon y Trucha de Chile AG v. United States, 180 F. Supp. 2d 1360, 1375 (Ct. Int’l Trade 2002) (“{t}he Commission is not required to isolate the effects of subject imports from other factors contributing to injury” or make “bright-line distinctions” between the effects of subject imports and other causes.); see also Softwood Lumber from Canada, Inv. Nos. 701-TA-414 and 731-TA-928 (Remand), USITC Pub. 3658 at 100-01 (Dec. 2003) (Commission recognized that “{i}f an alleged other factor is found not to have or threaten to have injurious effects to the domestic industry, i.e., it is not an ‘other causal factor,’ then there is nothing to further examine regarding attribution to injury”), citing Gerald Metals, 132 F.3d at 722 (the statute “does not suggest that an importer of LTFV goods can escape countervailing duties by finding some tangential or minor cause unrelated to the LTFV goods that contributed to the harmful effects on domestic market prices.”). 30 the “by reason of” standard require that unfairly traded imports be the “principal” cause of injury or contemplate that injury from unfairly traded imports be weighed against other factors, such as nonsubject imports, which may be contributing to overall injury to an industry.93 It is clear that the existence of injury caused by other factors does not compel a negative determination.94 Assessment of whether material injury to the domestic industry is “by reason of” subject imports “does not require the Commission to address the causation issue in any particular way” as long as “the injury to the domestic industry can reasonably be attributed to the subject imports.”95 The Commission ensures that it has “evidence in the record” to “show that the harm occurred ‘by reason of’ the LTFV imports,” and that it is “not attributing injury from other sources to the subject imports.” 96 The Federal Circuit has examined and affirmed various Commission methodologies and has disavowed “rigid adherence to a specific formula.”97 93 S. Rep. 96-249 at 74-75; H.R. Rep. 96-317 at 47. 94 See Nippon Steel Corp., 345 F.3d at 1381 (“an affirmative material-injury determination under the statute requires no more than a substantial-factor showing. That is, the ‘dumping’ need not be the sole or principal cause of injury.”). 95 Mittal Steel, 542 F.3d at 876 &78; see also id. at 873 (“While the Commission may not enter an affirmative determination unless it finds that a domestic industry is materially injured ‘by reason of’ subject imports, the Commission is not required to follow a single methodology for making that determination ... {and has} broad discretion with respect to its choice of methodology.”) citing United States Steel Group v. United States, 96 F.3d 1352, 1362 (Fed. Cir. 1996) and S. Rep. 96-249 at 75. In its decision in Swiff-Train v. United States, 793 F.3d 1355 (Fed. Cir. 2015), the Federal Circuit affirmed the Commission’s causation analysis as comporting with the Court’s guidance in Mittal. 96 Mittal Steel, 542 F.3d at 873 (quoting from Gerald Metals, 132 F.3d at 722), 877-79. We note that one relevant “other factor” may involve the presence of significant volumes of price-competitive nonsubject imports in the U.S. market, particularly when a commodity product is at issue. In appropriate cases, the Commission collects information regarding nonsubject imports and producers in nonsubject countries in order to conduct its analysis. 97 Nucor Corp. v. United States, 414 F.3d 1331, 1336, 1341 (Fed. Cir. 2005); see also Mittal Steel, 542 F.3d at 879 (“Bratsk did not read into the antidumping statute a Procrustean formula for determining whether a domestic injury was ‘by reason’ of subject imports.”). 31 The question of whether the material injury threshold for subject imports is satisfied notwithstanding any injury from other factors is factual, subject to review under the substantial evidence standard.98 Congress has delegated this factual finding to the Commission because of the agency’s institutional expertise in resolving injury issues.99 B. Conditions of Competition and the Business Cycle The following conditions of competition inform our analysis of whether there is material injury by reason of cumulated subject imports. 1. Demand Considerations Steel nails are used in various carpentry and construction applications, and to produce housing, wooden fencing, furniture, and pallets.100 U.S. demand for steel nails is driven by demand for construction activity, particularly in residential housing, and is also influenced by overall economic activity.101 Demand for steel nails exhibits some seasonality, declining during the winter months due in part to decreased construction activity in colder regions.102 Most responding firms reported that demand for steel nails increased during the POI; at the staff conference, representatives of Mid Continent and Kyocera-Senco, along with respondents’ counsel and economist, characterized demand for steel nails at that time as 98 We provide in our discussion below a full analysis of other factors alleged to have caused any material injury experienced by the domestic industry. 99 Mittal Steel, 542 F.3d at 873; Nippon Steel Corp., 458 F.3d at 1350, citing U.S. Steel Group, 96 F.3d at 1357; S. Rep. 96-249 at 75 (“The determination of the ITC with respect to causation is ... complex and difficult, and is a matter for the judgment of the ITC.”). 100 CR/PR at II-1, II-15. Most firms reported that there are no substitutes for steel nails. Id., at II- 17. Screws, staples, and adhesives were noted as possible substitutes in certain applications. Id. 101 CR/PR at II-14-II-15. Between January 2019 and March 2022, seasonally adjusted housing under construction increased 41.2 percent; since March 2022 it has increased by 3.1 percent. Id., at II- 14. Data also indicate that the number of housing permits issued generally increased on an annual basis between 2019 and the first half of 2022. See worksheet, EDIS Doc. No. EDIS 779866 (Sep. 13, 2022). 102 CR/PR at II-16. 32 “strong,” “soaring,” “increasing,” and “skyrocketing.”103 The parties generally agree that the COVID-19 pandemic increased demand for steel nails for construction and home improvement activities as lockdown and stay-at-home restrictions issued, and for steel nails used in retail and end-use application as these restrictions eased.104 The record indicates that apparent U.S. consumption of steel nails increased throughout the POI, from 806,843 short tons in 2019 to 881,972 short tons in 2020 and 1.03 million short tons in 2021, a level 27.1 percent higher than in 2019; it was 10.3 percent higher in interim 2022, at 265,527 short tons, than in interim 2021, at 240,721 short tons.105 Regarding future demand, the record indicates that demand for steel nails is likely to remain strong. Monthly data concerning the U.S. shipments of domestic producers and importers collected through June 2022 indicate that apparent U.S. consumption was 5.0 percent higher in January through June 2022 than in January through June 2021, and 10.5 percent higher than in July through December 2021.106 Further, U.S. housing permits, a forward indicator of steel nails demand, generally increased on an annual basis between 2019 and 2021, and were *** percent higher in January through July 2022 than in January through July 2021.107 108 103 CR/PR at II-16 and Table II-4. 104 CR/PR at II-1, Hearing Tr. at 37 (Stachowiak), 98 (Kanna), 135-136 (Prusa). See also Conf. Tr. at 16 (Kanna), 57 (Skarich), 59 (Jeong), 164-166 (Buedel), 172 (Rogowsky), 203 (Smith), 222-223 (Kastner), 224 (Mazur). 105 CR/PR at Tables IV-11, C-1. 106 CR/PR at Table IV-15, Figure IV-9. 107 CR/PR Table IV-15; Worksheet, EDIS Doc. No. 779866 (Sep. 9, 2022). As housing permits must be issued before construction may begin, such permits represent a forward-looking indicator of demand for construction activity and, by extension, steel nails. 108 The parties disagree on future demand trends. Petitioner contends that housing starts and the issuance of new housing permits are down in 2022, such that demand is slowing from the elevated levels seen throughout the second half of the POI. Petitioner’s Posthearing Br., Exh. 1 at 21-22. Hillman 33 2. Supply Considerations The domestic industry, cumulated subject imports, and other imports not subject to cumulation (i.e., imports from Sri Lanka and nonsubject imports) supplied steel nails to the U.S. market during the POI. The domestic industry held the smallest share of the U.S. steel nails market throughout the POI, by quantity and by value; as measured by quantity, its share of apparent U.S. consumption declined irregularly from 14.9 percent in 2019 to 12.9 percent in 2021; it was lower in interim 2022, at 11.1 percent, than in interim 2021, at 14.9 percent.109 The domestic industry currently consists of ten firms.110 Petitioner is the largest U.S. producer, accounting for *** percent of domestic production in 2021.111 The domestic industry underwent several changes during the POI. Wire Mesh Corp. ceased producing steel nails in 2019.112 Legacy Fasteners LLC (“Legacy”), which entered the market in 2017 by acquiring the assets of former domestic producer ***, increased its production of steel nails during the POI in Poplar Bluff, Missouri, near Petitioner’s production facility.113 During the POI, ***.114 forecasts that demand in 2023 and 2024 will be “somewhat flat.” Hillman’s Posthearing Br., Att. 1, Responses to Commission Questions, at 1, Exh. 1. Joint Respondents characterize the drop-off in new housing starts in the first half of 2022 as modest, and contend that home remodeling data and its internal forecasts project strong demand through 2023. Joint Respondents’ Prehearing Br. at 72-73, Exhs. 1, 2, 3, 14. We recognize that the rate of growth in demand may moderate in the imminent future even as demand remains strong. 109 CR/PR at Tables IV-11, C-1. 110 CR/PR at III-1. As indicated above, nine domestic producers provided usable data on their steel nail operations in the final phase of these investigations. Id. 111 CR/PR at Table III-1. 112 Petitioner’s Prehearing Br. at 32. 113 Astrotech and Trinity’s Postconf. Br. at 16-17; CR/PR at II-7 n.16. 114 CR/PR at Table III-3. 34 Subject imports were the second largest source of steel nails in the U.S. market, by quantity. Cumulated subject imports, as a share of apparent U.S. consumption, fluctuated over the POI; they declined irregularly between 2019 and 2021, from 24.2 percent in 2019 to 24.0 percent in 2021, and were higher in interim 2022, at 24.9 percent, than in interim 2021, at 23.6 percent.115 Imports not subject to cumulation (i.e., nonsubject imports and imports from Sri Lanka), were the largest source of steel nails in the U.S. market, by quantity. Their share of apparent U.S. consumption increased throughout the POI, from 60.9 percent in 2019 to 63.1 percent in 2021; they were higher in interim 2022, at 64.0 percent, than in interim 2021, at 61.5 percent.116 The largest sources of nonsubject imports were China, Malaysia, South Korea, Taiwan, as well as Mexico and Canada.117 Most responding domestic producers, importers, and purchasers reported experiencing supply constraints that increased in frequency throughout the POI, which they attributed to labor shortages, production shutdowns, and supply chain disruptions caused by the COVID-19 pandemic, including a lack of available ocean carrier transport and bottlenecks at offloading U.S. port facilities.118 Out of 46 responding purchasers, 28 reported experiencing supply constraints from domestic producers and 21 reported experiencing supply constraints from 115 CR/PR at Tables IV-11, C-1. 116 CR/PR at Tables IV-11, C-1. 117 CR/PR at IV-4. Steel nails imported from China, the United Arab Emirates, Korea, Malaysia, Oman, Taiwan, and Vietnam are subject to antidumping duty orders; steel nails imported from Vietnam are subject to a countervailing duty order. Id., at Table I-2. 118 CR/PR at II-9-II-13, Figures II-2-II-4, Tables E-2-E-4. 35 importers of subject merchandise.119 Purchasers reported that their “fill rate” (i.e., the share of their desired purchases satisfied by domestic producers and importers) declined from 98.2 percent in 2019 to 93.9 percent in 2020, and 89.5 percent in 2021 and 89.3 percent in interim 2022.120 The domestic industry’s overall installed capacity121 increased irregularly during the POI, from 353,357 short tons in 2019 to 352,299 short tons in 2020 and 359,77 short tons in 2021, a level 1.8 percent lower than in 2019; it was 2.4 percent higher in interim 2022, at 92,195 short tons, than in interim 2021, at 89,955 short tons.122 The domestic industry’s 119 CR/PR at Tables E-5-6. Reported constraints concerning domestic producers included refusals to supply, allocations and, in two instances, longer lead times due to shipping delays. Reported constraints concerning subject imports included allocations, and longer lead times due to shipping delays. Id., at Table E-6. Twenty-five of the 46 responding purchasers reported experiencing nonsubject import supply constraints during this period. Id. Five of these purchasers reported nonsubject import supply constraints in the form of longer lead times due to shipping delays. Id. 120 CR/PR at Figure II-1, Table E-1. See also Joint Respondents’ Prehearing Br. at 18-19, Exh. 6 (showing declines in *** fill rates, which it defines, differently, as “{t}he ability to provide the product that customers order,” from pre-pandemic levels from April 2020 through January 2022). 121 Commission staff collected U.S. and foreign producers’ production capacity on both of the following bases: i) Installed overall production capacity, which is the level of production that the establishment(s) could have attained, assuming the firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity. ii) Practical overall production capacity is the level of production that the establishment(s) could reasonably have expected to attain, taking into account the firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) the firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited the firm's ability to produce the reported products. This capacity measure is the maximum "practical" production the firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. CR/PR at Notes to Tables III-4, VII- 5, VII-11, VII-24, VII-30. 122 CR/PR at Table III-4. 36 practical production capacity declined irregularly during the POI, from 182,291 short tons in 2019 to 149,362 short tons in 2020 and 158,238 short tons in 2021, a level 13.2 percent lower than in 2019; it was 7.2 percent higher in interim 2022, at 42,043 short tons, than in interim 2021, at 39,223 short tons.123 According to Petitioner, the domestic industry experienced a “capacity constriction” between 2019 and 2021 owing in part to a “sharp decline” in the number of production and related workers (“PRWs”) and labor shortages that hindered its ability to hire additional PRWs as demand increased after 2020.124 125 Five of nine responding U.S. producers, which accounted for *** percent of domestic production in 2021, reported supply constraints during the POI.126 Responding domestic producers generally attributed their supply constraints to a combination of increased demand, labor shortages, and supply chain disruptions resulting from the COVID-19 pandemic. Petitioner reported that “***.”127 Domestic producer Kyocera-Senco reported “***.”128 123 CR/PR at Tables III-5, C-1. 124 Petitioner’s Prehearing Br. at 15, 33-34. See also CR/PR at Tables III-6, C-1. 125 We observe that the entire decline in the domestic industry’s employment between 2019 and 2021, from 796 PRWs in 2019 to 736 PRWs in 2021, was driven by ***, which reduced its employment by *** PRWs over the period while all other U.S. producers reported increased employment. CR/PR at Tables III-16, III-17. Similarly, *** accounted for *** of the reduction in the domestic industry’s PRWs in interim 2022 compared to interim 2021 (*** of the *** PRW reduction). Id. Of all responding domestic producers, only *** had fewer PRWs in 2019 than in 2021 or interim 2022. Id. We note that Legacy, which entered the market in 2017 and is *** located in Poplar Bluff, Missouri, *** its number of PRWs from *** to *** between 2019 and 2021 and *** of PRWs between the interim periods. Id. As discussed below, the domestic industry’s declining employment was accompanied by increasing hours worked per PRW and productivity during this period. Id. 126 See CR/PR at Tables III-1, E-5 (the narrative responses of ***, reporting COVID-related supply chain disruptions affecting availability of raw materials and labor shortages). 127 CR/PR at Table E-5. 128 CR/PR at Table E-5. We note that ***, refers in its questionnaire to Kyocera-Senco’s *** questionnaire at II-4. 37 Domestic producer Legacy reported that “***.”129 Similarly, domestic producer Tree Island reported that “***.”130 The severity of the supply constraints affecting domestic producers is also reflected in hearing testimony from domestic and respondent witnesses as to the limitations on domestic supplies of steel nails,131 with Mid Continent reporting that it put customers on allocation, reducing volumes available and/or eliminating certain offerings of products altogether, due to a lack of sufficient capacity. Email correspondence between Petitioner and prospective purchasers dated from February 2019 to January 2022 show that Petitioner declined new business owing to a stated lack of capacity, COVID-related supply chain disruptions, and labor shortages.132 For example, in an email dated October 7, 2021, Petitioner’s sales representative indicated to a Boise Cascade representative that “***.”133 In another email, dated September 15, 2020, Petitioner’s sales representative told a PrimeSource representative that of the *** 129 CR/PR at Table E-5. 130 CR/PR at Table E-5. Tree Island ***.” Id. 131 See Hearing Tr. at 132-133 (Buedel) (stating that “{i}n 2021, Mid Continent told us that they had recently reviewed their capacity and that they were putting customers on allocation due to a lack of capacity.”); Conf. Tr. at 87 (Skarich) (indicating that “we had to go to allocation 12 months ago because we had too many people wanting too many nails that we couldn’t produce because of the lack of labor.”); 140-141 (Ippoliti) (stating that “{b}etween 2020 and 2021, SouthernCarlson's units sold increased over 15 percent, but the domestic industry has placed us on allocation, reduced volumes available, and/or eliminated nail line offerings altogether.”); 164 (Buedel) (indicating that “the fact that Mid Continent has been turning away business the past two years is a well-known fact to all”). 132 See Joint Respondents’ Prehearing Br. at 13-15, Exh. 4; Hillman’s Posthearing Br., Exh. 4. See also Coalition of U.S. Importers’ Postconf. Br., Exhs. 1, 4, 6, 8; Oman Fasteners’ Postconf. Br., Exh. 2; Joint Respondents’ Postconf. Br., Exhs. 5-6. 133 Coalition of U.S. Importers’ Postconf. Br., Exh. 8. 38 types of nails marketed by Mid Continent, it had *** *** types of nails, could only produce *** tons for ***, and could only produce the other *** types of nails at *** percent capacity.134 135 While both domestic producers and subject imports were affected by supply constraints, particularly in the later portion of the POI, the percentage of U.S. purchasers reporting domestic supply constraints was higher than those reporting constraints on subject imports.136 3. Substitutability and Other Conditions We find that there is a moderate-to-high degree of substitutability between domestically produced steel nails and subject imported nails of the same type.137 As discussed above, most responding domestic producers, importers, and purchasers reported that domestic and subject steel nails are always or frequently interchangeable, and domestic and subject steel nails from all sources were sold in overlapping forms and finishes.138 Most responding purchasers reported that the domestic like product and subject imports from each source were 134 Joint Respondents’ Prehearing Br., Exh. 4. 135 Eleven of 30 responding U.S. importers, which accounted for *** percent of imports of subject merchandise in 2021, reported supply constraints from subject sources during the POI. CR/PR at Tables IV-1, E-6. They generally attributed their supply constraints to production and supply chain disruptions resulting from the COVID-19 pandemic. Id., at Table E-6. For example, importer Astrotech reported that *** Id. Importer SouthernCarlson reported that *** Id. Similarly, importer Fasteners Afloat reported that *** Id. 136 CR/PR at Tables E-2 and E-3. In the first half of 2021, 52 percent of purchasers reported frequent supply constraints by domestic producers, compared to only 35 percent that reported frequent supply constraints by subject sources. In the second half of 2021, 50 percent of purchasers reported frequent domestic supply constraints, while the percentage for subject sources remained lower, at 40 percent. By the interim 2022 period, 50 percent of purchasers continued to report frequent domestic supply constraints, while the percentage fell to 32 percent for subject sources. Id. 137 CR/PR at II-17. 138 See Section VI.B. above. 39 comparable in terms of most purchasing factors.139 However, substitutability between domestically produced steel nails and subject imports is limited by domestic availability to produce steel nails.140 We also find that while price is an important factor in purchasing decisions, availability is the most important factor as reported by purchasers. The number of firms (37) that ranked availability as being among the top-three factors influencing their purchasing decisions was greater than the number of firms that ranked quality (34) and price (31) as being among their top-three purchasing factors.141 Responding purchasers cited availability/lead times, quality, and price most frequently as the top-three factors influencing their purchasing decisions,142 with quality cited most frequently as the first-most important purchasing factor, followed by availability/lead times cited most frequently as the second-most important factor and price most frequently as the third-most important factor.143 When asked to rate the importance of 16 factors in their purchasing decisions, purchasers cited the following non-price factors as very important more frequently than price: availability, product consistency, quality meets industry standards, reliability of supply, and delivery time.144 145 139 CR/PR at Table II-10. Further, most purchasers reported that domestic, subject, and nonsubject steel nails always or usually met minimum quality specifications. Id., at Table II-8. 140 CR/PR at II-17. 141 CR/PR at Table II-6. Price was the third-most frequently cited “first-most important purchasing factor,” as well as the third-most frequently cited “second-most important purchasing factor” (in both cases behind quality and availability/lead time). Id. 142 CR/PR at Table II-6. 143 CR/PR at Table II-6. 144 CR/PR at Table II-7. Whereas between 40-45 purchasers rated these non-price factors as very important only 28 purchasers rated price as very important. Id. 145 Eighteen of 44 responding purchases reported that they require their suppliers to become certified or qualified; the time to qualify a new supplier typically ranged from one to 180 days. CR/PR at II-21. 40 Steel nails are predominantly sold on a produced-to-order basis, although U.S. producers and importers reported significant U.S. shipments from inventory. Responding U.S. producers reported lead times averaging 55 days for steel nails produced to order and 11 days for steel nails shipped from inventory; responding importers reported lead times of 134 days for steel nails produced to order and seven days for steel nails shipped from inventory.146 Steel nails are sold primarily ***.147 Both responding domestic producers and importers reported selling the vast majority of their steel nails in the spot market, although certain U.S. producers and importers also reported using contracts.148 As discussed above, the COVID-19 pandemic caused global disruptions to steel nail producing industries.149 Disruptions affecting imports of steel nails included production shutdowns at the height of the pandemic, shipping container delays, increased freight costs, and congestion and resulting delays at U.S. ports.150 Petitioner contends that these disruptions are temporary, and that their effects are already receding.151 However, the record indicates 146 CR/PR at II-20. 147 CR/PR at Table V-4. 148 CR/PR at Table V-5. 149 See CR/PR at Tables VI-14, VII-2, VII-14, VII-27. 150 See Joint Respondents’ Prehearing Br. at 17-22, Exh. 5; Hillman’s Posthearing Br., Att. 1 at 1- 6, 8; Trinity’s Prehearing Br., Exhs. 2a-2b, 151 Petitioner’s Prehearing Br. at 23 n.88; Petitioner’s Posthearing Br., Exh. 1 at 40-43. See also Hearing Tr. at 46-47 (Lutz), 34-35, 96-97 (Skarich). 41 that shipping container delays152 and congestion at U.S. ports may continue beyond 2022,153 while freight costs are likely to remain elevated through 2023.154 The main raw material used to produce steel nails is steel wire drawn primarily from wire rod or steel plate and strips.155 Imports of wire rod from various sources are subject to antidumping and/or countervailing duty orders.156 Imports of wire rod from sources other than Argentina, Australia, Brazil, Canada, Korea, and Mexico, are subject to additional tariffs of 25 152 U.S producer *** reported container shortages in its questionnaire response; importer *** likewise identified *** as a supply constraint in its questionnaire response. CR/PR at V-6 and Tables E-5, E-6. Information submitted by respondents indicates that subject import lead times have been increasing throughout the POI. See Trinity’s Posthearing Br., Exh. 16 (containing an email from SouthernCarlson to Trinity dated August 12, 2022, projecting shipping delays reaching 300 days by end- 2022); Hillman’s Posthearing Br., Att. 1 at 9, Exh. 7 (indicating increasing lead times for two of its vendors, including one based in Thailand); and Joint Respondents’ Posthearing Br., Exh. 1 at 1-2, Exhs. 5- 6 (containing lead times data compiled by *** and *** for their vendors indicating growing lead times towards the end of the POI, particularly for vendors overseas); see also Hearing Tr. at 155-56 (Buedel), 193 (Rhodus). 153 Trinity’s Prehearing Br., Exh. 2b. See also Petitioner’s Posthearing Br., Exh. Q10-2 (indicating that rail backlogs are “becoming a growing problem” and looming labor disputes “may further disrupt ground transportation.”). 154 See Joint Respondents’ Posthearing Br., Exh. 1 at 13-14, Exhs. 3 (showing PrimeSource’s actual freight costs from 2018 through 2023), 4 (containing a consulting firm’s forecasts regarding shipping costs, which are projected to remain elevated into 2023). See also Hillman’s Posthearing Br., Exh. 6; Trinity’s Posthearing Br. at 8-9, Exh. 14. Petitioner appended a report to its posthearing brief by a logistics provider indicating that shipping container costs declined by three percent in the week of August 18, 2022, and by 35 percent compared to the same week of 2021. Petitioner’s Posthearing Br., Exh. Q13-1. We note that other information filed by Petitioner, namely a report from a separate logistics provider, corroborates this year-on-year decline in container costs but notes that current rates are “still more than 4X the pre-pandemic norm” and may increase if higher diesel prices caused by the war in Ukraine are passed to shippers. Id., at Exh. Q10-2. This figure is in line with Joint Respondents’ indication that, while freight costs are expected to fall between 2022 and 2023, they will remain *** percent higher than in 2018 to 2019. Joint Respondents’ Posthearing Br., Exh. 1 at 14; see also Hearing Tr. at 186-87 (Smith). 155 CR/PR at V-1 and Table VI-4. 156 See Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago, Inv. Nos. 701-TA-417 and 731-TA-953, 957-959, and 961 (Third Review), USITC Pub. 5100 (Aug. 2020) at I-28 and I-29 and app. F. 42 percent ad valorem under Section 232 of the Trade Expansion Act of 1972 (“Section 232”).157 Imports of wire rod from China are also subject to additional tariffs of 7.5 percent ad valorem under Section 301 of the Trade Act of 1974 (“Section 301”).158 Wire rod prices declined throughout 2019, stabilized through most of 2020, then increased from late 2020 through April 2022.159 Raw materials as a share of the domestic industry’s cost of goods sold (“COGS”) declined throughout the POI, from 81.9 percent in 2019 to 80.8 percent in 2020 and 74.7 percent in 2021; they were lower in interim 2022, at 72.7 percent, than in interim 2021, at 76.4 percent.160 Imports of certain steel nails from sources other than Argentina, Australia, Brazil, Canada, Korea, and Mexico, including each of the countries subject to these investigations, became subject to additional tariffs of 25 percent ad valorem under Section 232 in February 2020, after those tariffs were extended to certain derivative steel articles, including a subset of 157 CR/PR at I-13-I-15, app. D. These tariffs were issued on March 23, 2018. Id., at app. D. Section 232 tariffs on steel nails and wire rod from Canada and Mexico, where Tree Island and Mid Continent have related operations, were rescinded on May 20, 2019. Id. at Table III-2, app. D. All U.S. producers and most importers and purchasers reported that the Section 232 tariffs increased steel nail prices during the POI. Id., at Table V-2. 158 CR/PR at I-15 n.31. A plurality of U.S. producers and most importers and purchasers reported that the Section 301 tariffs impacted the steel nails market during the POI, with increased steel nail prices or increased costs to produce steel nails noted as the most frequent impacts during the POI. CR/PR at V-5-V-6, Table V-3. 159 CR/PR at V-1, Figure V-1, Table V-1. We observe that wire rod prices are published in indices, including the ***. Id., at Table V-1 Note. 160 CR/PR at Tables VI-1, C-1. 43 the steel nails products included in the scope of these investigations.161 Imports of steel nails from China are also subject to tariffs of 25 percent ad valorem under Section 301.162 C. Volume of Subject Imports Section 771(7)(C)(i) of the Tariff Act provides that the “Commission shall consider whether the volume of imports of the merchandise, or any increase in that volume, either in absolute terms or relative to production or consumption in the United States, is significant.”163 The volume of cumulated subject imports increased from 195,077 short tons in 2019 to 201,034 short tons in 2020 and 246,413 short tons in 2021, a level 26.3 percent higher than in 2019. Cumulated subject import volume was higher in interim 2022, at 66,232 short tons, than in interim 2021, at 56,763 short tons.164 Cumulated subject imports fluctuated as a share of apparent U.S. consumption during the POI.165 Cumulated subject imports’ share of apparent U.S. consumption declined from 24.2 percent in 2019 to 22.8 percent in 2020, then increased to 24.0 percent in 2021, a level 0.2 percentage points lower than in 2019. Cumulated subject imports’ share of apparent U.S. 161 CR/PR at I-13-I-15, app. D. In February 2020, three importers initiated litigation seeking suspension of collection of these duties with respect to their imports of steel nails. In April 2021, the U.S. Court of International Trade (“USCIT”) issued a decision holding that the Section 232 tariffs on steel nails were invalid and contrary to law. PrimeSource Building Products, Inc. v. United States, Slip Op. No. 21-36 ( Ct. Int’l Trade Apr. 5, 2021). In June 2021, the United States appealed this decision to the U.S. Court of Appeals for the Federal Circuit, and obtained a partial stay of the USCIT judgment. CR/PR, at I- 15. Although the three importers (PrimeSource, Oman Fasteners, and Huttig Building Products) obtained injunctions from the USCIT enjoining the collection of cash deposits of Section 232 duties on their imports, they were required to increase the liability on their bonds to reflect the additional Section 232 duties they would have deposited as a condition of the injunctions. Id. at I-15 n.29. All other U.S. importers have had to deposit Section 232 duties directly with U.S. Customs and Border Protection. Id. 162 CR/PR at I-15-I-16. 163 19 U.S.C. § 1677(7)(C)(i). 164 CR/PR at Table IV-2. 165 The Commission utilized Commerce's official import statistics for its shipments data. CR/PR at Table IV-11 Note. 44 consumption was higher in interim 2022, at 24.9 percent, than in interim 2021, at 23.6 percent.166 Cumulated subject imports increased irregularly as a ratio to domestic industry production during the POI. The ratio of cumulated subject imports to domestic industry production declined from 161.5 percent in 2019 to 148.5 percent in 2020, then increased to 188.0 percent in 2021; it was higher in interim 2022, at 203.9 percent, than in interim 2021, at 165.4 percent.167 We find that the volume and the increase in volume of cumulated subject imports were significant in absolute terms and that the volume of cumulated subject imports was also significant relative to U.S. consumption and production in the United States. For the reasons discussed below, however, we do not find that cumulated subject imports had either significant price effects or a significant impact on the domestic industry.168 169 D. Price Effects of the Subject Imports Section 771(7)(C)(ii) of the Tariff Act provides that, in evaluating the price effects of the subject imports, the Commission shall consider whether 166 CR/PR at Table IV-11. 167 CR/PR at Table IV-2. 168 Petitioner requests that the Commission consider 2018 for pre-pandemic context in determining material injury in the final phase of these investigations, claiming that the increase in demand driven by the COVID-19 pandemic misrepresents the injurious effects of subject imports on the domestic industry since 2018. Petitioner’s Prehearing Br. at 16-17; Petitioner’s Posthearing Br. at 2-4. As explained in more detail in section VI.E below, we do not find it appropriate to consider 2018 data from the preliminary phase of these investigations for purposes of our material injury analysis due to the lack of comparability. 169 Commissioner Kearns observes that, in his view, consideration of 2018 data that is available on the record would not result in a different finding with respect to a lack of market share shift, price effects, and significant impact by reason of subject imports, as discussed in more detail infra at notes 177, 225, and 226. 45 (I) there has been significant price underselling by the imported merchandise as compared with the price of domestic like products of the United States, and (II) the effect of imports of such merchandise otherwise depresses prices to a significant degree or prevents price increases, which otherwise would have occurred, to a significant degree.170 As discussed in section VI.B.3 above, we have found a moderate-to-high degree of substitutability between domestically produced steel nails and subject imports of the same type, and that price is an important factor in purchasing decisions, but other factors like availability are more important.171 The Commission requested U.S. producers and importers to provide quarterly data for the total quantity and f.o.b. value of seven pricing products that were sold at arm’s length to unrelated U.S. customers during the first quarter of 2019 through the first quarter of 2022.172 Six U.S. producers and 19 importers provided usable pricing data for sales of the requested 170 19 U.S.C. § 1677(7)(C)(ii). 171 See Section VI.B.3 above. 172 CR/PR at V-9. Consistent with how nails are sold in the market, the Commission collected data for pricing products 1 through 6 in units of 1,000 nails and data for pricing product 7 in short tons. See id. at Tables V-6-V-12. The seven pricing products were defined as follows: Product 1.—Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors; Product 2.—Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic strip collated nails sold to distributors; Product 3.—Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15 degree wire coil collated nails sold to distributors; Product 4.—Nominal 3” x 0.131” (10.25 gauge), stainless steel, ring shank, 20-22 degree plastic- strip collated and uncollated nails sold to distributors; Product 5.—Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to retailers; Product 6.—Nominal 1-1/4” x 0.120” smooth shank galvanized wire welded roofing coil nails sold to retailers; Product 7.—Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails sold to end users. Id. at V-9-V-10. 46 products, although not all firms reported pricing data for all products for all quarters.173 Pricing data reported by these firms accounted for approximately 24.3 percent of the value of U.S. producers’ U.S. shipments of steel nails during the POI, 21.6 percent of the value of U.S. shipments of subject imports from India, 26.7 percent of the value of U.S. shipments of subject imports from Oman, and 24.0 percent of the value of U.S. shipments of subject imports from Turkey in 2021.174 According to these pricing data, imports across all subject sources undersold the domestic like product in 122 of 195 quarterly comparisons amounting to (*** nails and *** short tons), at margins ranging from 0.2 to 91.9 percent and averaging *** percent.175 Subject import underselling accounted for 62.6 percent of quarterly comparisons, which encompassed 83.7 percent of the volume of subject imports in the pricing comparisons. Subject imports oversold the domestic like product in the remaining 73 quarterly comparisons amounting to (*** nails and *** short tons), at margins ranging from 0.0 to 35.6 percent and averaging *** percent. Subject import overselling accounted for 37.4 percent of the quarterly comparisons, which encompassed 16.3 percent of the volume of subject imports. 176 173 CR/PR at V-10. There were few reported domestic sales for pricing product 4, which is a specialized product that is not normally sold; no reported domestic sales for pricing product 6; and only one available quarter of comparison for pricing product 7. See id. at V-27 n.23, Tables V-6-V-12. 174 CR/PR at V-10. ***. U.S. producer ***, the only domestic producer that submitted data for *** reported that its *** (which has very low quantities) is a “very specialized product and not part of {its} regular collated nail offering.” Id. 175 CR/PR at Tables V-14-V-15. 176 CR/PR at Tables V-14-V-15. While quarters in which there was underselling also accounted for *** of reported subject import sales volume with respect to short tons, this reflects the one available quarter for which a comparison for pricing product 7 was available. See id. at Table V-12. 47 We have also considered information regarding lost sales.177 Twenty-nine of 42 responding purchasers reported buying subject imports instead of domestically produced steel nails.178 Although 23 of 29 purchasers who switched to subject imports reported that subject imports were priced lower than the domestic like product, only eight of these 23 purchasers reported that price was a primary reason for purchasing subject imports instead of the domestic product.179 These eight purchasers reported buying a total of *** short tons of subject steel nails instead of domestic steel nails primarily due to price.180 This volume is equivalent to only *** percent of apparent U.S consumption during the POI, *** percent of the domestic industry’s total sales, and *** percent of the *** short tons of cumulated subject imports these purchasers reported purchasing or importing during the POI.181 Purchasers who switched from domestic product to subject imports cited factors such as domestic availability or 177 Petitioner argues that subject imports resulted in lost sales or lost market share because the industry was prevented from raising prices after Section 232 tariffs on steel inputs increased its costs of production in 2018, prompting U.S. producers to lose workers at the start of the POI that they subsequently struggled to rehire towards the end of the period due to labor shortages. Petitioner’s Prehearing Br. at 25-26. Respondents argue that at the time of the workforce reductions, Petitioner attributed its loss of workers in 2018 and 2019 to the section 232 tariffs and not to subject imports. See Astrotech and Trinity’s Postconf. Br., Exh. 3; Hillman’s Posthearing Br., Exh. 3. We are not persuaded by Petitioner’s argument. Contemporaneous documents submitted by Petitioner do not establish that but for cumulated subject imports, the domestic industry would have been able to significantly increase sales or retain substantially more workers during the POI. Additionally, the record shows that *** reduced its employment over the POI, while all other domestic producers increased their employment and the domestic industry’s hours worked per employee increased as the industry struggled to satisfy booming demand. See CR/PR at Table III-17. Indeed, domestic producer Legacy *** and nearly *** its production over the POI, even though its production operations were located in the same city as ***. CR/PR at Tables III-1, III-5. Thus, the record does not support Petitioner’s argument that subject import competition in 2018 and 2019 materially contributed to the domestic industry’s inability to increase its production and sales towards the end of the POI. 178 CR/PR at V-33, Table V-17. 179 CR/PR at Table V-17. 180 CR/PR at Table V-17; EDIS Doc. Nos. 778836, 779838, 779839 (Sep. 9, 2022). 181 CR/PR at Tables III-8, IV-11, V-16-V-17. 48 capacity issues as their reasons for choosing subject imports over domestically produced steel nails, including 12 responding purchasers that reported a lack of available domestic product and long or unreliable domestic lead times as their reasons for choosing subject imports.182 183 Notwithstanding the predominant underselling by subject imports, cumulated subject import market share declined by 0.2 percentage points between 2019 and 2021. As such, domestic producers did not lose market share over this period to subject imports; rather, imports not subject to cumulation including nonsubject imports account for the domestic 182 CR/PR at Table V-17. See the narrative explanations provided by ***. Id. As discussed above, this is corroborated by contemporaneous documentation on the record. See, e.g., Coalition of U.S. Importers’ Postconf. Br., Exh. 8; Joint Respondents’ Prehearing Br., Exh. 4. 183 Petitioner contends that the record data concerning confirmed lost sales and lost revenue are understated, insofar as seven of 28 responding purchasers did not respond to the question of whether lower prices were the reason for purchasing subject imports instead of domestic product, and 34 of the 47 responding purchasers indicated that they did not know whether domestic producers lowered prices in order to compete with subject imports. Petitioner’s Prehearing Br. at 26-27. Three of these purchasers properly did not answer this question, as instructed. We note that staff followed up with the four remaining purchasers that did not respond to the question concerning their reason for switching to subject imports, and received responses from two that price was a primary reason. See EDIS Doc. Nos. 779836, 779838 (Sep. 9, 2022). We have taken these revised responses into account in our examination of lost sales data. We do not find that purchasers reporting that they did not know whether domestic producers lowered their prices to compete with subject imports supports an inference that domestic producers did so. Petitioner also appended a spreadsheet to its prehearing brief containing additional lost sales and lost revenue allegations that occurred during ***. Petitioner’s Prehearing Br., Exh. 4; Petitioner’s Posthearing Br., Exh. 1, 13-14, Exh. Q6-26. The Commission normally investigates allegations of lost sales and lost revenue made by the petitioner regarding transactions occurring before the petitions that are included in the petitions, while those occurring after the filing of the petitions are required of domestic producers in their questionnaire responses, to provide sufficient time for staff to investigate the allegations. See Domestic Producers’ Questionnaire at Question IV-22(b). Because Petitioner’s additional lost sales and revenue allegations identified no new purchasers, however, all purchasers subject to Petitioner’s additional allegations previously received purchasers’ questionnaires and were already given the opportunity to respond. As discussed, only eight of 42 responding purchasers confirmed that they switched to subject imports with price as a primary reason, for purchases of only *** short tons, and no responding purchaser reported that domestic producers lowered their prices to compete with subject imports. See CR/PR at V-33, Table V-17. 49 industry’s market share loss. 184 Although cumulated subject import market share increased after 2020, while the domestic industry’s market share declined, the domestic industry’s supply constraints, discussed in section VI.B.2 above, prevented the industry from producing or selling significant additional volumes of steel nails towards the end of the POI, as domestic producers rejected new orders and placed existing customers on allocation.185 Thus, the record does not support the conclusion that subject import underselling caused a significant market share shift from the domestic industry to subject imports. We have also examined price trends over the POI. The domestic industry’s sales prices for all pricing products for which data were available generally declined from the first quarter of 2019 through the second quarter of 2020, then increased through the remainder of the POI, finishing much higher at the end of the POI than the beginning.186 Domestic producer prices for pricing products 1, 2, 3, 5, and 7 increased by *** percent, *** percent, *** percent, *** percent, and *** percent respectively, over the POI.187 The sales prices for imports from each subject country for all pricing products for which data were available, with the exception of sales prices of imports from *** for pricing product 1, likewise increased irregularly over the POI.188 Consistent with these data, no responding purchasers reported that U.S. producers had reduced their prices to compete with lower-priced subject imports from any subject country.189 184 The domestic industry’s share of apparent U.S. consumption declined by two percentage points between 2019 and 2021, from 14.9 percent in 2019 to 12.9 percent in 2021, and reached a period low of 11.1 percent in interim 2022. CR/PR at Tables IV-11, C-1. 185 CR/PR at II-9-II-13, Figure II-2, Tables IV-11, E-1-E-2. See also Section IV.B.2 above. 186 CR/PR at Tables V-6-V-13. 187 CR/PR at Tables V-6-V-13. 188 CR/PR at Tables V-6-V-13. 189 CR/PR at V-33. Fourteen purchasers reported that U.S. producers did not reduce prices in order to compete with lower-priced subject imports; all other purchasers responding to this question indicated they did not know. Id. 50 In light of the above, we do not find that subject imports depressed prices for the domestic like product to a significant degree. Nor do we find that cumulated subject imports prevented price increases which otherwise would have occurred to a significant degree. The domestic industry’s COGS-to-net sales ratio declined throughout the POI, from 81.9 percent in 2019 to 80.8 percent in 2020, and 74.7 percent in 2021, a level 7.2 percentage points lower than in 2019; the ratio was 72.7 percent in interim 2022, down from 76.4 percent in interim 2021.190 The decline in this ratio indicates that U.S. producers were successful in increasing their net sales average unit values (“AUVs”) by a greater amount than the increase to their unit COGS over the POI.191 Specifically, between 2019 and 2021, the domestic industry’s net sales AUVs increased by $385.70 per short ton, while its unit COGS increased by $159.60 per short ton.192 In interim 2022, the industry’s net sales AUV was $965.70 per short ton higher than in interim 2021, while its unit COGS was 190 CR/PR at Tables VI-1, C-1. 191 CR/PR at Tables VI-1-VI-2. We also note that the domestic industry’s AUVs went up by more than AUVs of subject and nonsubject imports in every channel of distribution. CR/PR at app. G. 192 CR/PR at Tables VI-1-VI-2. 51 $635.40 per short ton higher.193 194 We have also considered the domestic industry’s gross, operating and net profits and margins, which each improved substantially over the POI.195 In light of the foregoing, including the steadily increasing prices and steadily decreasing COGS to net sales ratios, we find that the record indicates that subject imports did not prevent price increases for the domestic like product that otherwise would have occurred to a significant degree. In sum, we find that cumulated subject imports did not have significant price effects on the domestic like product during the POI. 193 CR/PR at Tables VI-1-VI-2. 194 In response to a question at the hearing regarding contemporaneous evidence of price suppression, Petitioner filed email communications from July 2018 through February 2022 that, in its view, demonstrate the constant pricing pressures that domestic producers faced from low-priced subject imports throughout the POI. Petitioner’s Posthearing Br., Exhs. 1 at 10-16, Q6-1-Q6-25, Q6-29. While these emails corroborate underselling by subject imports seen in the pricing data, they do not negate other evidence that domestic prices were not depressed or suppressed to a significant degree, including the domestic industry’s declining COGS to net sales ratio during the POI. In fact, information on the record indicates that domestic producers announced numerous price increases throughout the POI, including ***, effective November 2, 2020, January 18, 2021, July 1, 2021, and August 1, 2021, *** effective October 12, 2020, November 16, 2020, December 14, 2020, February 1, 2021, February 15, 2021, April 15, 2021, May 10, 2021, June 11, 2021, July 12, 2021, August 9, 2021, September 6, 2021, October 11, 2021, November 8, 2021, December 13, 2021, January 10, 2021, and April 11, 2022, and *** effective March 12, 2022. Joint Respondents’ Prehearing Br., Exh. 4; Petitioner’s Posthearing Br., Exh. Q6-27; Coalition of U.S. Importers’ Postconf. Br., Exh. 6. Further, these announcements allowed U.S. producers to increase their net sales AUVs by $226.10 per short ton from 2019 to 2021 – an amount that exceeded the increase in their average unit COGS of $159.60 per short ton by a factor of close to ***. Derived from CR/PR at Tables VI-1-VI-2. Insofar as Petitioner contends that subject imports prevented them from fully realizing these announced price increases, we note that the price increases domestic producers were able to realize were sufficient to reduce the domestic industry’s increase in COGS and improve its financial performance markedly during the POI. See section VI.E below. 195 CR/PR at Table VI-1. In response to questions at the hearing about how much more the COGS to net sales ratio, and therefore the financial performance of the domestic industry as a whole, should have improved, an industry witness cited to 25 to 30 percent gross profit margins for the wider products industry. See Hearing Tr. at 108 (Commissioner Schmidtlein) and 111 (Skarich). The gross profit margin obtained by the domestic industry in the latter portion of the POI *** with this expectation: *** percent in 2019; *** percent in 2021; *** percent in interim 2022. CR/PR at Table VI-1. 52 E. Impact of the Subject Imports Section 771(7)(C)(iii) of the Tariff Act provides that in examining the impact of subject imports, the Commission “shall evaluate all relevant economic factors which have a bearing on the state of the industry.”196 These factors include output, sales, inventories, capacity utilization, market share, employment, wages, productivity, gross profits, net profits, operating profits, cash flow, return on investment, return on capital, ability to raise capital, ability to service debts, research and development, and factors affecting domestic prices. No single factor is dispositive and all relevant factors are considered “within the context of the business cycle and conditions of competition that are distinctive to the affected industry.”197 The record shows that the domestic industry’s performance improved from 2019 through 2021 according to virtually all measures, in general alignment with the increase in apparent U.S. consumption over the POI.198 Although many of the industry’s output measures were weaker in interim 2022 than in interim 2021, all of the industry’s financial performance measures improved throughout the POI. The domestic industry’s production increased irregularly from 2019 to 2021, increasing from 120,782 short tons in 2019 to 135,410 short tons in 2020 before declining to 131,039 short tons in 2021; it was lower in interim 2022, at 32,481 short tons, than in interim 2021, at 34,321 short tons. The domestic industry’s capacity utilization and U.S. shipments followed the 196 19 U.S.C. § 1677(7)(C)(iii); see also SAA at 851 and 885 (“In material injury determinations, the Commission considers, in addition to imports, other factors that may be contributing to overall injury. While these factors, in some cases, may account for the injury to the domestic industry, they also may demonstrate that an industry is facing difficulties from a variety of sources and is vulnerable to dumped or subsidized imports.”). 197 19 U.S.C. § 1677(7)(C)(iii). This provision was amended by the Trade Preferences Extension Act of 2015, Pub. L. 114-27. 198 CR/PR at Tables III-5, IIII-8-III-9, III-16, VI-1, VI-7, VI-12, C-1. 53 same trend as its production. The domestic industry’s practical production capacity declined irregularly from 2019 to 2021, declining from 182,291 short tons in 2019 to 149,362 short tons in 2020 before increasing to 158,238 short tons in 2021; it was higher in interim 2022, at 42,043 short tons, than in interim 2021, at 39,223 short tons.199 Its capacity utilization increased from 66.3 percent in 2019 to 90.7 percent in 2020 before declining to 82.8 percent in 2021, a level 16.5 percentage points higher than in 2019; it was 77.3 percent in interim 2022 compared to 87.5 percent in interim 2021.200 The industry’s U.S. shipments increased from 120,333 in 2019 to 136,855 short tons in 2020 before declining to 132,287 short tons in 2021, a level 9.9 percent higher than in 2019; its U.S. shipments were 29,383 short tons in interim 2022, compared to 35,866 short tons in interim 2021.201 The domestic industry’s end-of-period inventories declined from 21,562 short tons in 2019 to 18,626 short tons in 2020, and 15,792 short tons in 2021, a level 26.8 percent lower than in 2019; it was higher in interim 2022, at 18,817 short tons, than in interim 2021, at 16,573 short tons. 202 As discussed above, the domestic industry’s share of apparent U.S. consumption increased from 14.9 percent in 2019 to 15.5 percent in 2020 before declining to 12.9 percent in 2021, a level 2.0 percentage points lower than in 2019, it was lower in interim 2022, at 11.1 percent, than in interim 2021, at 14.9 percent.203 With the exception of the number of PRWs, which declined throughout the POI,204 the domestic industry’s employment-related performance measures generally improved during the 199 CR/PR at Tables III-5, C-1. 200 CR/PR at Tables III-5, C-1 (measured on the basis of practical overall production capacity). 201 CR/PR at Tables III-8, C-1. 202 CR/PR at Tables III-9, C-1. 203 CR/PR at Tables IV-11, C-1. 204 The number of PRWs in the domestic industry was 796 in 2019, 711 in 2020, and 736 in 2021. It was lower in interim 2022, at 725, than in interim 2021, at 754. CR/PR at Tables III-16, III-17, C-1. 54 period. Productivity205 and unit labor costs206 increased irregularly over the period. Total hours worked,207 hours worked per PRW,208 and wages paid209 increased from 2019 to 2021, but were lower in interim 2022 compared to interim 2021. The domestic industry’s financial performance improved during the POI by every measure. The industry’s net sales revenue increased from $215.0 million in 2019, to $226.7 million in 2020, and $288.2 million in 2021; it was $82.2 million in interim 2022, which was higher than in interim 2021, at $65.5 million.210 The domestic industry’s gross profits increased from $38.9 million in 2019, to $43.6 million in 2020, and $73.0 million in 2021; it was $22.4 million in interim 2022, which was higher than in interim 2021, at $15.5 million.211 As a ratio to net sales, the industry’s gross profit margin increased from 18.1 percent in 2019 to 19.2 percent in 2020 and 25.3 percent in 2021; it was higher in interim 2022, at 27.3 percent, than in interim 2021, at 23.6 percent.212 The domestic industry’s operating income margin increased from As discussed above, the declines in the number of PRWs employed by the domestic industry were driven by Mid Continent, whose number of PRWs declined from *** workers in 2019 to *** workers in 2020, *** workers in 2021, and *** workers in interim 2022, down from *** workers in interim 2021. Id., at Table III-17. All other U.S. producers reported increasing employment during the POI, with the exception of ***. See id. 205 Productivity was 81.4 short tons per 1,000 hours in 2019, 87.4 short ton per 1,000 hours in 2020, and 81.6 short tons per 1,000 hours in 2021; it was higher in interim 2022, at 84.6 short tons per 1,000 hours, than in interim 2021, at 82.7 short tons per 1,000 hours. CR/PR at Tables III-16, C-1. 206 Unit labor costs were $205 in 2019, $185 in 2020, and $215 in 2021; they were higher in interim 2022, at $222, than in interim 2021, at $212. CR/PR at Tables III-16, C-1. 207 Total hours worked totaled 1.48 million in 2019, 1.55 million in 2020, 1.61 million in 2021, 415,000 in interim 2021, and 384,000 in interim 2022. CR/PR at Tables III-16, C-1. 208 Hours worked per PRW totaled 1,864 in 2019, 2,179 in 2020, 2,181 in 2021, 550 in interim 2021, and 530 in interim 2022. CR/PR at Table III-16. 209 Wages paid totaled $24.8 million in 2019, $25.1 million in 2020, $28.2 million in 2021, $7.3 million in interim 2021, and $7.2 million in interim 2022. CR/PR at Tables III-16, C-1. 210 CR/PR at Tables VI-1, C-1. 211 CR/PR at Tables VI-1, C-1. 212 CR/PR at Table VI-1. 55 $12.1 million in 2019, to $18.3 million in 2020, and $44.4 million in 2021; it was $15.0 million in interim 2022, which was higher than in interim 2021, at $8.9 million.213 As a ratio to net sales, the domestic industry’s operating income margin increased from 5.6 percent in 2019, to 8.1 percent in 2020 and 15.4 percent in 2021; it was 18.3 percent in interim 2022, which was the highest level achieved over the POI and 13.7 percent in interim 2021.214 The domestic industry’s net income, which exceeded its operating income throughout the POI, increased from $12.6 million in 2019, to $18.9 million in 2020, and $45.0 million in 2021; it was $15.3 million in interim 2022, which was higher than in interim 2021, at $9.4 million.215 The domestic industry’s net income margin steadily increased from 5.9 percent in 2019, to 8.3 percent in 2020, and 15.6 percent in 2021; it was 18.6 percent in interim 2022, which again was the highest level achieved over the POI, and 14.4 percent in interim 2021.216 Net assets increased from 2019 to 2021, from $272.6 million in 2019 to $286.2 million in 2020 and $329.2 million in 2021.217 Return on assets also increased during this period, from 4.4 percent in 2019 to 6.4 percent in 2020 and 13.5 percent in 2021.218 Although several responding domestic producers reported actual and anticipated negative effects on investment, growth, and development due to subject imports,219 the domestic industry’s capital expenditures increased irregularly during the POI, from $5.1 million in 2019 to $7.4 million in 2020 and $6.9 million in 2021; they were $1.7 million in interim 2022, 213 CR/PR at Tables VI-1, C-1. 214 CR/PR at Tables VI-1, C-1. 215 CR/PR at Tables VI-1, C-1. 216 CR/PR at Tables VI-1, C-1. 217 CR/PR at Tables VI-9, C-1. 218 CR/PR at Tables VI-9, C-1. 219 CR/PR at Tables VI-12-VI-13. 56 which was higher than in interim 2021, at $***.220 Research and development expenditures also increased throughout the POI, from $*** in 2019 to $*** in 2020 and $*** in 2021; they were $*** in interim 2022, which was higher than in interim 2021, at $***.221 The record in the final phase of these investigations does not indicate that cumulated subject imports had a significant impact on the domestic industry during the POI. We have found that cumulated subject imports did not cause the domestic industry to lose significant market share or a significant volume of sales due to price, or cause significant price depression or suppression. Although the domestic industry’s market share was 2.0 percentage points lower in 2021 than in 2019, cumulated subject imports’ market share was 0.1 percentage points lower.222 While subject imports gained 1.2 percentage points of market share from the domestic industry between 2020 and 2021, and had 1.3 percentage points more market share in interim 2022 compared to interim 2021, the record indicates that supply constraints inhibited the domestic industry from producing and selling substantially more steel nails.223 Further, the domestic industry was able to benefit from growing U.S. demand, increasing sales prices and improving its financial performance according to virtually every measure, including increased profitability, operating and net income, and PRW hours worked. The industry’s financial performance during the POI did not correlate with the modest variances in subject import market share of subject imports over the POI, and improved steadily as subject import 220 CR/PR at Tables VI-12, C-1. 221 CR/PR at Tables VI-7, C-1. 222 CR/PR at Table C-1. 223 See Tables IV-11, C-1, app. E. 57 volume increased.224 225 226 Contemporaneous documentation submitted by Petitioner do not establish that subject imports depressed domestic prices to a significant degree, prevented 224 CR/PR at Tables IV-2, IV-11, III-5, III-8, VI-1, C-1. 225 As mentioned above, Petitioner contends that the Commission should consider 2018 data from the preliminary phase investigation in determining material injury in the final phase of these investigations, claiming that consideration of such data provides necessary context to understand the injurious effects of subject imports on the domestic industry that otherwise would be obscured by the increase in demand driven by the COVID-19 pandemic. Petitioner’s Prehearing Br. at 17; Petitioner’s Posthearing Br. at 2-4. We do not find Petitioner’s argument persuasive. First, 2018 data collected in the preliminary phase are not comparable to POI data collected in the final phase due to differences in data coverage; data in the final phase of these investigations include questionnaire responses from two additional U.S. producers, ***, that accounted for a combined *** percent of domestic production in 2021. CR/PR at Table III-1. By Petitioner’s own admission, “{a}s more U.S. producers provided usable data in the final phase of these investigations, it is not possible to directly compare the 2018 numbers from the Preliminary Determination to the 2019 numbers from the Prehearing Staff Report.” Petitioner’s Prehearing Br. At 25, n.93. Second, while Petitioner provides its own compilation of preliminary and final phase data, removing these producers from the final phase questionnaires (Petitioner’s Posthearing Br., Exhibit Q8-1), Petitioner provides no legal basis for why this is appropriate and would have the Commission disregard information from these domestic producers in the final phase. While, as Petitioner correctly observes, these firms comprise a small part of the domestic industry and have relatively *** profits, absent indications on the record that reporting by these firms was inaccurate, we see no basis to exclude their data. Third, the Commission has considered the conditions of competition distinctive to the domestic steel nails industry, as required by statute, including changes in supply and demand as affected by the COVID-19 pandemic and, as discussed elsewhere, has considered evidence on the record of the final phase of these investigations regarding Petitioner’s allegations of injury in 2018, without expanding the POI. We find petitioner’s reliance on the Commission’s determinations in Fresh Garlic and Orange Juice misplaced. Petitioner’s Prehearing Br. at n.64 and Petitioner’s Posthearing Br. at n.2 (citing Fresh Garlic from the People’s Republic of China, Inv. No. 731-TA-683 (Final), USITC Pub. 2825 (November 1994), and Certain Orange Juice from Brazil, Inv. No. 731-TA-1089 (Final), USITC Pub. 3838 (March 2006). Notably, both of those investigations involved agricultural products, and relevant data for subject imports and the U.S. market were based on “crop years,” rather than calendar years. 226 Commissioner Kearns observes that it may be appropriate at times to consider relevant data on the record outside the POI, for context, especially when there have been significant changes in the relevant market. See, e.g., Urea Ammonium Nitrite Solutions from Russia and Trinidad and Tobago, Inv. Nos. 701-TA-668-669 and 731-TA-1565-1566 (Final), USITC Pub. at 25, n.117 (Aug. 2022) (relying on historical import data for 2018 on the record to, at least in part, address Petitioner’s argument that there was an inventory build-up between 2018 and 2019 leading to an “overhang” at the beginning of the POI, 2019). He deems the COVID-19 pandemic to be one such significant event that impacted supply and demand in the nails market. In this case, however, he is unpersuaded by Petitioner’s argument that the 2018-2019 period demonstrates present material injury due to subject imports. While this argument has been somewhat skeletal and has shifted over time, at one point during the hearing, Petitioner argued that its theory of the case was specifically related to a market share shift from domestic producers to subject imports from 2018 to 2019, with repercussions that allegedly continued 58 price increases that otherwise would have occurred to a significant degree, or caused the domestic industry to lose a significant volume of sales.227 The record does not establish that subject imports prevented the domestic industry from benefiting from increasing U.S. demand for steel nails.228 For the reasons discussed above, we find that subject imports did not have a significant impact on the domestic industry. Accordingly, we find that an industry in the United States is not materially injured by reason of cumulated subject imports of steel nails from India, Oman, and Turkey. throughout the remainder of the POI. See Hearing Tr. at 69 (Kearns and Lutz) (“I just want to be real clear on what specifically -- what your theory of the case is, what specifically you point to in terms of injury caused by subject imports. {…} you pointed to a market share shift from 2018 to 2019 from {…} domestics to subject imports. Is that sort of your focus then? Ms. Lutz: Yes. And that left the domestic industry unable to take advantage of these improvements toward the end of the POI.”), and that there was a cost-price squeeze due to subject imports during that period. See, e.g., Petitioners’ Prehearing Br. at 25-26. In fact, data from the preliminary phase of these investigations indicate that there was only a *** percentage point shift in market share from domestic producers to subject imports, and that the COGS/sales ratio increased from *** percent to *** percent during that period (as unit COGS rose after 232 duties were imposed in 2018, at a faster rate than net sales average unit values). See Confidential Preliminary Views at 42-44. However, by 2020, the domestic industry’s market share was even higher than in 2018 or 2019, and its COGS/sales ratio was even lower than in 2018 or 2019, with operating and net margins at their highest level over that three-year period as well. Id. at 44, 47-48. That is why the Commission was unable to conclude that subject imports caused adverse price effects in the preliminary investigation and instead found that the Commission could not rule out the possibility of adverse price effects at that time, as required under American Lamb Co. v. United States, 785 F.2d 994 (Fed. Cir. 1986). And, now, based on more recent and comprehensive information on the record in the final phase of these investigations, Petitioner was unable to sustain a coherent argument that the minimal market share loss from 2018 to 2019 constitutes present material injury by reason of subject imports, particularly when the domestic industry was able to continue to raise prices, resulting in increased profitability throughout the POI. In short, in his view, the one-year trend in those data, from 2018 to 2019 – i.e., before the POI began to the first year of the POI – fail to establish present material injury due to subject imports, and fail to explain the supply constraints later in the POI that impacted the domestic industry’s ability to increase production and sales. 227 See Petitioner’s Posthearing Br., Exhs. 1 at 10-16, Q6-1-Q6-25, Q6-29. 228 As discussed above in n. 177, the record does not establish that subject imports caused the domestic industry to lose workers in 2018 or 2019 following the imposition of Section 232 duties. 59 No Threat of Material Injury by Reason of Subject Imports A. Legal Standard Section 771(7)(F) of the Tariff Act directs the Commission to determine whether the U.S. industry is threatened with material injury by reason of the subject imports by analyzing whether “further dumped or subsidized imports are imminent and whether material injury by reason of imports would occur unless an order is issued or a suspension agreement is accepted.”229 The Commission may not make such a determination “on the basis of mere conjecture or supposition,” and considers the threat factors “as a whole” in making its determination whether dumped or subsidized imports are imminent and whether material injury by reason of subject imports would occur unless an order is issued.230 In making our determination, we consider all statutory threat factors that are relevant to these investigations.231 229 19 U.S.C. § 1677(7)(F)(ii). 230 19 U.S.C. § 1677(7)(F)(ii). 231 These factors are as follows: (I) if a countervailable subsidy is involved, such information as may be presented to it by the administering authority as to the nature of the subsidy (particularly as to whether the countervailable subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement) and whether imports of the subject merchandise are likely to increase, (II) any existing unused production capacity or imminent, substantial increase in production capacity in the exporting country indicating the likelihood of substantially increased imports of the subject merchandise into the United States, taking into account the availability of other export markets to absorb any additional exports, (III) a significant rate of increase of the volume or market penetration of imports of the subject merchandise indicating the likelihood of substantially increased imports, (IV) whether imports of the subject merchandise are entering at prices that are likely to have a significant depressing or suppressing effect on domestic prices and are likely to increase demand for further imports, (V) inventories of the subject merchandise, (VI) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products, … 60 B. Cumulation for Threat Under section 771(7)(H) of the Tariff Act, the Commission may “to the extent practicable” cumulatively assess the volume and price effects of subject imports from all countries as to which petitions were filed on the same day if the requirements for cumulation in the material injury context are satisfied.232 Petitioner argues that the Commission should exercise its discretion to cumulate subject imports for purposes of its threat analysis as there is a reasonable overlap among subject imports from each subject source and the domestic like product, subject imports from the subject countries are likely to compete in the U.S. market under similar conditions of competition in the imminent future, and there is no information on the record to suggest that (VIII) the actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and (IX) any other demonstrable adverse trends that indicate the probability that there is likely to be material injury by reason of imports (or sale for importation) of the subject merchandise (whether or not it is actually being imported at the time). 19 U.S.C. § 1677(7)(F)(i). To organize our analysis, we discuss the applicable statutory threat factors using the same volume/price/impact framework that applies to our material injury analysis. Statutory threat factors (I), (II), (III), (V), and (VI) are discussed in the analysis of subject import volume. Statutory threat factor (IV) is discussed in the analysis of subject import price effects. Statutory factors (VIII) and (IX) are discussed in the analysis of impact. Statutory factor (VII) concerning agricultural products is inapplicable to this investigation. 232 19 U.S.C. § 1677(7)(H). As discussed above, a statutory exception (19 U.S.C. § 1677(7)(G)(ii)(I)) applies to cumulation of imports from Sri Lanka subject to the antidumping duty investigation because Commerce has made a preliminary negative antidumping duty determination with respect to imports of steel nails from Sri Lanka, and thus such imports cannot be cumulated at this time. See 87 Fed. Reg. 47,701. Moreover, since we find imports from Sri Lanka subject to the countervailing duty investigation do not have the potential to imminently exceed the negligibility threshold, we have terminated that investigation, and are precluded from cumulating such imports, pursuant to 19 U.S.C. § 1677(7)(G)(ii)(II). For purposes of its threat of material injury analysis, the Commission cumulates imports from Oman subject to the countervailing duty investigation, imports from Thailand subject to the antidumping duty investigation, and imports from India and Turkey subject to both the countervailing duty and antidumping duty investigations. 61 the overlap of competition between and among subject imports and the domestic like product will not continue in the imminent future.233 Respondents do not address cumulation for threat of material injury in their briefs. As discussed in section V.B. above, we have found that there is a reasonable overlap of competition between and among subject imports from India, Oman, Thailand, and Turkey and the domestic like product. There is no information or argument on the record indicating that the reasonable overlap we have found will change in the imminent future. We also find no differences in the likely conditions of competition pertaining to subject imports from India, Oman, Thailand, and Turkey in the imminent future that would warrant the consideration of subject imports from any country or countries separately for purposes of our threat analysis. Moreover, the volume of subject imports from each subject source was significant and increasing over the POI, subject imports from every subject source but Thailand undersold the domestic like product in a majority of quarterly comparisons, and the sales prices of subject imports from each subject source increased over the POI.234 Based on the likely reasonable overlap of competition between subject imports and the domestic like product, and the absence of any likely differences in the conditions of competition between imports from different subject countries in the imminent future, we exercise our discretion to cumulate subject imports from India, Oman, Thailand, and Turkey for purposes of our threat analysis. 233 Petitioner’s Prehearing Br. at 38-40. 234 CR/PR at Tables IV-2, V-6-V-13, V-15. While pricing product 1 from *** declined in price over the period, the pricing for this product in the first quarter was attributable solely to *** whereas the pricing for the final quarter was attributable solely to ***. Moreover, the trend in pricing for each of these firms’ data separately was increasing. Id., at V-25 n.22 and Table V-6. 62 C. Likely Volume of the Cumulated Subject Imports In section VI.C. above, we found the volume and the increase in volume of cumulated subject imports to be significant in absolute terms, and that the volume of cumulated subject imports was also significant relative to U.S. consumption and production in the United States during the POI. We also found that cumulated subject imports as a share of apparent U.S. consumption fluctuated during the POI, declining slightly from 2019 to 2021, but higher in interim 2022 relative to interim 2021. We attributed the small increases in subject imports’ market share at the end of the POI to significant supply constraints that affected the domestic industry.235 The record indicates that subject producers are unlikely to substantially increase their exports to the United States in the imminent future. Although the capacity of the subject industries increased by *** percent on a cumulated basis between 2019 and 2021,236 the production of the subject industries increased by *** percent, causing their capacity utilization to increase by *** percentage points to *** percent in 2021.237 The subject industries’ capacity 235 See supra Section VI.B.2 & text accompanying note 222. Additionally, as discussed infra at notes 252 and 254, the labor supply shortages that Petitioner has identified as a major factor constraining domestic supply are reported to continue. See also *** final questionnaire response at II-6 to II-7 (***”). 236 The capacity of the subject industries increased from *** short tons in 2019 to *** short tons in 2020 and *** short tons in 2021; was higher in interim 2022, at *** short tons, than in interim 2021, at *** short tons; and is projected to increase to *** short tons in 2022 and *** short tons in 2023. Calculated from CR/PR at Tables VII-15, VII-32. 237 The production of the subject industries increased from *** short tons in 2019 to *** short tons in 2020 and *** short tons in 2021; was higher in interim 2022, at *** short tons, than in interim 2021, at *** short tons; and is projected to increase to *** short tons in 2022 before declining to *** short tons in 2023. Calculated from CR/PR at Tables VII-15, VII-32. Their capacity utilization increased from *** percent in 2019 to *** percent in 2020 and *** percent in 2021; was higher in interim 2022, at *** percent, than in interim 2021, at *** percent; and is projected to decline to *** percent in 2022 and *** percent in 2023. Id. 63 utilization rate was higher, at *** percent in interim 2022, than in interim 2021, at *** percent 2021.238 Accordingly, in 2021, subject producers possessed excess capacity of only *** short tons, equivalent to only *** percent of apparent U.S. consumption that year.239 Although subject producers project that their capacity utilization will be lower in full year 2022 and 2023, their projected utilization rates in those years will remain above the levels observed in 2019 and 2020.240 241 Subject producers’ end-of-period inventories also do not indicate that substantially increased cumulated subject are likely in the imminent future. While end-of-period inventories of the subject industries increased over the POI, they remained low as a ratio of total shipments, peaking at *** percent in 2021; were lower as a ratio of total shipments in interim 2022 compared to interim 2021; and are projected to decline to 2019 levels by 2023.242 U.S. importers’ inventories of cumulated subject imports declined throughout the POI.243 Responding importers’ reported arranged imports of *** short tons in the third quarter of 238 Calculated from CR/PR at Tables VII-15, VII-32. 239 Calculated from CR/PR at Tables VII-15, VII-32. 240 Calculated from CR/PR at Tables VII-15, VII-32. 241 Petitioner argues that projected unused capacity poses a threat to the domestic industry, as this excess capacity can be directed towards the U.S. market. Petitioner’s Posthearing Br., Exh. 1 at 30. We note that the subject producers’ projected excess capacity, of *** short tons in 2022 and *** short tons in 2023, is less than their excess capacity in 2019 (*** short tons) and 2020 (*** short tons). Calculated from CR/PR at Tables VII-15, VII-32. Although subject producers shipped increasing quantities of steel nails to the U.S. market during the POI, these exports generally followed the increase in apparent U.S. consumption during the period, as evidenced by subject producers’ fluctuating market shares throughout the period. 242 Subject producers’ end-of-period inventories increased from *** short tons in 2019 to *** short tons in 2020 and *** short tons in 2021; were higher in interim 2022, at *** short tons in interim 2022, than in interim 2021, at *** short tons; and are projected to decline to *** short tons in 2022 and *** short tons in 2023. Calculated from CR/PR at Tables VII-15, VII-32. 243 U.S. importers’ end-of-period inventories declined from *** short tons in 2019 to *** short tons in 2020 and *** short tons in 2021 and were lower in interim 2022, at ***, than in interim 2021, at ***. Derived from CR/PR at Table VII-33. 64 2022, *** short tons in the fourth quarter of 2022, and *** short tons in the first quarter of 2023.244 Moreover, no responding subject producer reported the ability to shift production between steel nails and other products using the same equipment and/or labor.245 While producers in three of the four subject industries reported producing out-of-scope products on the same equipment they use to make in-scope steel nails, their out-of-scope production on this equipment generally accounted for a small share of total production on the equipment.246 We recognize that subject producers are export-oriented, and exported the vast majority of their total shipments to the U.S. market throughout the POI.247 This leaves subject producers with a limited ability to redirect sales from home market and third-country customers so as to imminently further increase exports to the United States. Furthermore, the record indicates that the subject industries’ share of their total shipments exported to the 244 Derived from CR/PR at Table VII-34. 245 CR/PR at II-7-8, Table II-3. 246 CR/PR at Tables VII-5, VII-11, VII-30. In the steel nails industry in India, out-of-scope production on the same equipment used to produce in-scope nails accounted for less than *** percent of overall production throughout the POI. CR/PR at Table VII-5. In the steel nails industry in Oman, out- of-scope production on the same equipment used to produce in-scope nails accounted for *** percent in 2020, *** percent in 2021, and *** percent in interim 2022, which was higher than in interim 2021, at *** percent. Id., at Table VII-11. As discussed above, data concerning the steel nails industry in Turkey is based on the response of two Turkish producers accounting for approximately *** percent of overall production of steel nails in Turkey, one of whom reported out-of-scope-production. These data indicate that out-of-scope production on the same equipment used to produce in-scope nails accounted for *** percent in 2019, *** percent in 2020, *** percent in 2021, and *** percent in interim 2022, which is lower than in interim 2021, at *** percent. Id., at VII-37 and Table VII-30. As the production of in-scope steel nails already accounts for the large majority of production by these subject industries, subject producers have a limited ability to increase their production of steel nails through product shifting. 247 Subject producers’ exports to the United States increased from *** short tons in 2019 to *** short tons in 2020 and *** short tons in 2021; were higher in interim 2022, at *** short tons, than in interim 2021, at *** short tons; and are projected to decline to *** short tons in 2022 and *** short tons in 2023. Calculated from CR/PR at Tables VII-15, VII-32. 65 United States is projected to decline in 2022 and 2023, as exports to third-country markets are projected to increase.248 Consistent with these projections, the record indicates that demand for subject producers’ steel nails is expected to increase in Europe due to the war in Ukraine, as major suppliers of steel wire and wire rod in Ukraine, Russia, and Belarus are no longer supplying the European market with steel to manufacture nails.249 There are no antidumping or countervailing duty orders or investigations concerning steel nails from the subject countries in any other market that would make the U.S. market relatively more attractive to subject producers.250 Other conditions of competition will further likely limit the potential for cumulated subject imports to increase to cause material injury to the domestic industry in the imminent future. As discussed above, the record indicates that demand for steel nails is likely to remain strong, nonsubject imports from Sri Lanka are likely to recede from the market due to political and economic instability in the country, and ocean freight costs are expected to remain relatively high, likely maintaining the supply conditions in the U.S. market that benefitted the domestic industry towards the end of the POI.251 The record does not indicate that the domestic industry’s supply constraints are likely to ease in the imminent future, limiting the 248 Subject producers’ exports to the United States, as a share of their total shipments, were *** percent in in 2019, *** percent in 2020, and *** percent in 2021; higher in interim 2022, at *** percent, than in interim 2021, at *** percent; and are projected to projected to decline to *** percent in 2022 and *** percent in 2023. Calculated from CR/PR at Tables VII-15, VII-32. 249 Joint Respondents’ Prehearing Br. at 73-75, Exhs. 16-18. 250 CR/PR at VII-51. 251 See Sections IV.C, VI.B.1, and VI.B.3 above. Further, as discussed above in Section VI.B.3, imports of subject steel nails from all subject sources are subject to Section 232 duties of 25 percent ad valorem. 66 likelihood that any possible increase in the subject imports would be injurious the domestic industry.252 For all the foregoing reasons, we find that substantially increased cumulated subject import volume is not likely in the imminent future.253 252 Responding domestic producers reported that their supply constraints increased over the POI and continued at an elevated level in 2022, CR/PR at Table E-2, and only one responding domestic producer, ***, reported that ***. Id. at Table E-5. Nor are the labor shortages that constrained Mid Continent’s production during the POI likely to significantly ease in the imminent future. In response to a hearing question asking about the likelihood of continued labor shortages, Mid Continent responded that the domestic industry’s ability to attract and retain workers will depend upon the industry reaching “sustainable financial health through a moderate growth in sales made at fairly traded prices.” Petitioner’s Posthearing Brief, Exh. 1 at 42. As the domestic industry’s operating income margin increased from 5.6 percent in 2019 to 15.4 percent in 2021, and to 18.3 percent in interim 2022 compared to 13.7 percent in interim 2021, every domestic producer but Mid Continent increased its employment. CR/PR at Tables III-17, VI-1. Mid Continent’s employment declined over the POI even as its operating income margin increased over the period to *** percent in 2021 and *** percent in interim 2022. Id. at Table VI-3. Undercutting the testimony of a Mid Continent official at the hearing that “our labor situation is slowly recovering as we’ve been able to hire more workers,” Hearing Tr. at 25 (Pratt), Mid Continent’s employment in interim 2022 was *** PRWs or *** percent lower than in interim 2021. CR/PR at Table III-17. Accordingly, there is little evidence on the record that the labor constraints affecting Mid Continent, which serve to constrain the domestic industry’s production due to Mid Continent’s large size, will significantly abate in the imminent future. 253 In our analysis, we have considered the nature of the subsidies Commerce has found to be countervailable, particularly whether the countervailable subsidies are ones described in Articles 3 or 6.1 of the WTO Agreement on Subsidies and Countervailing Measures, and whether imports of the subject merchandise are likely to increase. 19 U.S.C. § 1677(7)(F)(i)(I). We note that only a single foreign producer (Turkish producer Aslanbas Civi Tel Ve Celik Hasir San A.S (“Aslan Civi”) was assigned a final countervailable subsidy rate greater than 3 percent in the Commerce Department’s final determinations in the CVD investigations. In its final countervailing duty determination concerning steel nails from India, Commerce found five subsidy programs to be countervailable, including a number of programs directed specifically towards exports, and calculated net subsidy rates of 2.93 percent for Astrotech Steels Pvt. Ltd, 2.73 percent for Geekay Wires Limited, and a rate of 2.85 percent for all other Indian producers. See 87 Fed. Reg. 51,333-51,334 (Aug. 22, 2022) and accompanying Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from India (Aug. 15, 2022) at 3-5. In its final countervailing duty determination concerning steel nails from Oman, Commerce found two subsidy programs to be countervailable and calculated a subsidy rate of 2.49 percent for Oman Fasteners and all other Omani producers. See 87 Fed. Reg. 51,335-51,336 (Aug. 22, 2022) and accompanying Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman (Aug. 15, 2022) at 3-4. In its final countervailing duty determination concerning steel nails from Turkey, Commerce found ten subsidy programs to be countervailable, including a number of programs directed specifically towards exports, 67 D. Likely Price Effects of Cumulated Subject Imports In section VI.D. above, we found that, although the pricing data show that subject imports predominantly undersold the domestic like product, the domestic industry did not lose market share or a significant volume of sales to subject imports on the basis of price. We also found that cumulated subject imports neither depressed nor suppressed prices for the domestic like product during the POI. The record does not indicate that subject import underselling is likely to intensify. Nor is there any evidence of a likely imminent change in the conditions of competition that would result in subject imports having significant price-depressive or suppressive effects on domestic industry prices, or entering at prices that are likely to increase demand for further subject imports. On the contrary, the record indicates that the strong demand and supply constraints that resulted in increased prices for steel nails towards the end of the POI are likely to persist.254 We consequently find that cumulated subject imports are not likely to enter at and calculated subsidy rates of 3.88 percent for Aslanbas Civi, 1.52 percent for Sertel Vida Metal A.S., and 1.86 percent for all other Turkish producers. See 87 Fed. Reg. 51,339 (Aug. 22, 2022) and accompanying Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Republic of Turkey (Aug. 15, 2022) at 3-6. We have taken these subsidy findings by Commerce into account in our analysis of likely subject import volume. Particularly probative for this analysis are the low subsidy rates calculated by Commerce, which would provide relatively little incentive for increased exports to the United States. 254 Data concerning supply constraints in the market indicate that these constraints increased as the POI progressed. CR/PR at Figures II-1-II-4; app. E. See also Hearing Tr. at 28 (Lockhart) (indicating that, despite Petitioner’s best efforts “we’ve had trouble filling our open positions.”). As already discussed, the supply constraints experienced by the domestic industry are likely to continue in the imminent future. In describing subject and nonsubject import supply constraints during the POI, responding importers and purchasers that experienced such constraints provided no indication that such constraints will subside in the imminent future, with the sole exception of importer Tree Island ***. See CR/PR at Tables E-6-7. On the contrary, many responding importers and purchasers emphasized that supply constraints on subject imports (Huttig, PrimeSource, ***) and nonsubject imports (***) are ongoing or likely to continue. See id. For example, responding purchaser *** reported that, ***, “***.” Id. Responding purchaser *** reported, ***, that “***.” Id. at Table E-7. Responding purchaser *** 68 prices that would be likely to have significant depressing or suppressing effects on domestic prices, or that would be likely to increase demand for further subject imports in the imminent future. E. Likely Impact of Cumulated Subject Imports In section VI.E. above, we found that subject imports had not prevented the domestic industry from benefiting from strong U.S. demand for steel nails during the POI. In light of the domestic industry’s strong performance at the end of the POI, including levels of profitability substantially higher than those at the beginning of the period, we find that the domestic industry is not vulnerable to material injury by reason of subject imports. We have found that substantially increased cumulated subject import volumes are not likely in the imminent future and that cumulated subject imports are not likely to have significant price effects. Given this, the industry’s strong performance towards the end of the POI, and the likelihood that the industry will continue to benefit from relatively strong demand and tight supplies of steel nails, we find that cumulated subject imports will not likely have a significant impact on the domestic industry in the imminent future.255 reported that “***.” Id. at Table E-6. Also with respect to subject imports, purchaser *** reported that “***,” and purchaser *** reported that “***.” Id. at Table E-6. 255 Although a majority of responding domestic producers reported actual or anticipated negative effects of subject imports on their investment, growth, and development, CR/PR at Table VI-12, we do not find that subject imports are likely to have significant negative effects on the domestic industry’s existing development and production efforts in the imminent future. On this point, we note that the significant and increasing volume of subject imports during the POI, and their predominant underselling of the domestic like product, did not prevent the domestic industry from increasing its capital expenditures and research and development expenses over the POI (let alone the industry’s steadily increasing gross, operating and net profits and margins). See id. at Tables VI-5, 7. 69 Conclusion For the reasons stated above, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of subject imports of steel nails from India, Oman, and Turkey found by Commerce to be subsidized by the governments of India, Oman, and Turkey. We also find that imports of steel nails from Sri Lanka found by Commerce to be subsidized by the government of Sri Lanka are negligible and terminate that investigation. I-1 Introduction Background These investigations result from petitions filed with the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“USITC” or “Commission”) by Mid Continent Nail Corporation (“Mid Continent”), Poplar Bluff, Missouri on December 30, 2021, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized imports of certain steel nails (“steel nails”)1 from India, Oman, Sri Lanka, Thailand, and Turkey and less-than-fair-value (“LTFV”) imports of steel nails from India, Sri Lanka, Thailand, and Turkey. Table I-1 presents information relating to the background of these investigations. 2 3 1 See the section entitled “The subject merchandise” in Part I of this report for a complete description of the merchandise subject in this proceeding. 2 Pertinent Federal Register notices are referenced in appendix A, and may be found at the Commission’s website (www.usitc.gov). 3 Appendix B presents the witnesses appearing at the Commission’s hearing. I-2 Table I-1 Steel nails: Information relating to the background and schedule of this proceeding Effective date Action December 30, 2021 Petitions filed with Commerce and the Commission; institution of Commission investigations (87 FR 993, January 7, 2022) January 19, 2022 Commerce’s notice of initiation (87 FR 3970 and 87 FR 3965, January 26, 2022) February 14, 2022 Commission’s preliminary determinations (87 FR 9378, February 18, 2022) June 7, 2022 Commerce’s preliminary CVD determinations (87 FR 34654, 87 FR 34639, 87 FR 34645, 87 FR 34651, 87 FR 34649, June 7, 2022); scheduling of final phase of Commission investigations (87 FR 36882, June 21, 2022) August 4, 2022 Commerce’s preliminary AD determinations (87 FR 47719, 87 FR 47701, 87 FR 47708, 87 FR 47699, August 4, 2022) August 17, 2022 Commission’s hearing August 22, 2022 Commerce’s final CVD determinations (87 FR 51333, 87 FR 51337, 87 FR 51335, 87 FR 51339, 87 FR 51343, August 22, 2022) August 22, 2022 Commission’s notice of termination for Thailand CVD investigation (87 FR 55036, September 8, 2022) September 16, 2022 Commission’s CVD vote October 6, 2022 Commission’s CVD views December 16, 2022 Anticipated date for Commerce’s final AD determinations I-3 Statutory criteria Section 771(7)(B) of the Tariff Act of 1930 (the “Act”) (19 U.S.C. § 1677(7)(B)) provides that in making its determinations of injury to an industry in the United States, the Commission-- shall consider (I) the volume of imports of the subject merchandise, (II) the effect of imports of that merchandise on prices in the United States for domestic like products, and (III) the impact of imports of such merchandise on domestic producers of domestic like products, but only in the context of production operations within the United States; and. . . may consider such other economic factors as are relevant to the determination regarding whether there is material injury by reason of imports. Section 771(7)(C) of the Act (19 U.S.C. § 1677(7)(C)) further provides that--4 In evaluating the volume of imports of merchandise, the Commission shall consider whether the volume of imports of the merchandise, or any increase in that volume, either in absolute terms or relative to production or consumption in the United States is significant.. . .In evaluating the effect of imports of such merchandise on prices, the Commission shall consider whether. . .(I) there has been significant price underselling by the imported merchandise as compared with the price of domestic like products of the United States, and (II) the effect of imports of such merchandise otherwise depresses prices to a significant degree or prevents price increases, which otherwise would have occurred, to a significant degree.. . . In examining the impact required to be considered under subparagraph (B)(i)(III), the Commission shall evaluate (within the context of the business cycle and conditions of competition that are distinctive to the affected industry) all relevant economic factors which have a bearing on the state of the industry in the United States, including, but not limited to. . . (I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity, (II) factors affecting domestic prices, (III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, (IV) actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and (V) in {an antidumping investigation}, the magnitude of the margin of dumping. 4 Amended by PL 114-27 (as signed, June 29, 2015), Trade Preferences Extension Act of 2015. I-4 In addition, Section 771(7)(J) of the Act (19 U.S.C. § 1677(7)(J)) provides that—5 (J) EFFECT OF PROFITABILITY.—The Commission may not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved. Organization of report Part I of this report presents information on the subject merchandise, subsidy and dumping margins, and domestic like product. Part II of this report presents information on conditions of competition and other relevant economic factors. Part III presents information on the condition of the U.S. industry, including data on capacity, production, shipments, inventories, and employment. Parts IV and V present the volume of subject imports and pricing of domestic and imported products, respectively. Part VI presents information on the financial experience of U.S. producers. Part VII presents the statutory requirements and information obtained for use in the Commission’s consideration of the question of threat of material injury as well as information regarding nonsubject countries. Market summary Steel nails are generally used to fasten two pieces of material, typically wood or other solid building materials.6 The leading U.S. producers of steel nails are Mid Continent, Kyocera- Senco (“Kyocera”), Legacy Fasteners (“Legacy”), and Tree Island. Leading producers of steel nails in the subject countries include Astrotech of India, Oman Fasteners of Oman, Trinity of Sri Lanka, Comesbest of Thailand, and Aslanbas of Turkey. The leading U.S. importer of steel nails from India is ***. The leading importer of steel nails from Oman is ***. The leading importers of steel nails from Sri Lanka are ***. The leading importers of steel nails from Thailand are ***. The leading importers of steel nails from Turkey are ***. Leading importers of steel nails from nonsubject countries (primarily China, Mexico, Taiwan, South Korea, and Malaysia) include ***. U.S. purchasers of steel nails responding to the purchasers' questionnaire included distributors (25), retailers (16), pallet manufacturers (10), and other (3). Apparent U.S. consumption of steel nails totaled approximately 1.0 million short tons ($1.6 billion) in 2021. Currently, nine firms have confirmed production of steel nails in the 5 Amended by PL 114-27 (as signed, June 29, 2015), Trade Preferences Extension Act of 2015. 6 Petition, p. 5. I-5 United States. U.S. producers’ U.S. shipments of steel nails totaled 132,287 short tons ($281.5 million) in 2021, and accounted for 12.9 percent of apparent U.S. consumption by quantity and 17.6 percent by value. U.S. imports from subject sources totaled 281,044 short tons ($381.2 million) in 2021 and accounted for 27.4 percent of apparent U.S. consumption by quantity and 23.8 percent by value. U.S. imports from nonsubject sources totaled 611,955 short tons ($941.3 million) in 2021 and accounted for 59.7 percent of apparent U.S. consumption by quantity and 58.7 percent by value. Summary data and data sources A summary of data collected in these investigations is presented in appendix C, table C- 1. Except as noted, U.S. industry data are based on useable questionnaire responses of nine firms that accounted for the vast majority of U.S. production of steel nails during 2021.7 U.S. imports are based on official import statistics. Previous and related countervailing and antidumping duty investigations Steel nails have been the subject of several prior countervailing and antidumping duty investigations in the United States. Table I-2 presents data on those proceedings. 7 In the preliminary phase of these investigations, two of the nine U.S. producers (*** and ***) submitted questionnaires too late in the proceeding to address reporting inconsistencies; these firm's data were not included in the preliminary phase staff report. I-6 Table I-2 Steel nails: Previous and related Commission proceedings and status of orders Date Number Country Determination Current status of order 1977 AA19210-189 Canada Affirmative preliminary ITC negative final 1979 731-TA-26 Korea Affirmative preliminary ITC negative final 1981 731-TA-45 Japan ITC terminated investigation --- 1981 731-TA-46 Korea AD order issued Revoked in October 1984 1981 731-TA-47 Yugoslavia ITC negative preliminary --- 1982 701-TA-145 Korea Investigation terminated --- 1985 731-TA-226 China AD order issued Revoked September 1987, retroactive to January 1986 1985 A-455-502 Poland Terminated investigations --- 1985 A-479-501 Yugoslavia Terminated investigations --- 1987 C-614-701 Thailand Affirmative final CVD revoked for Thailand in August 1995 1989 C-557-804 Malaysia CVD investigation terminated by Commerce --- 1996 731-TA-757 China AD orders issued AD orders were revoked November 2002 1996 731-TA-758 Korea Terminated investigation AD orders were revoked November 2002 1996 731-TA-759 Taiwan AD orders issued AD orders were revoked November 2002 2007 731-TA-1114 China AD order for China Currently in effect 2007 731-TA-1115 United Arab Emirates Terminated investigation --- 2011 731-TA-1185 United Arab Emirates Affirmative final Currently in effect 2014 701-TA-515 and 731-TA- 1251 India ITC terminated preliminary AD and CVD investigations --- 2014 701-TA-516 and 731-TA- 1252 South Korea Commerce negative final CVD determination; AD order issued Currently in effect 2014 701-TA-517 and 731-TA- 1253 Malaysia Commerce negative final CVD determination; AD order issued Currently in effect 2014 701-TA-518 and 731-TA- 1254 Oman Commerce negative final CVD determination; AD order issued Currently in effect I-7 Date Number Country Determination Current status of order 2014 701-TA-519 and 731-TA- 1255 Taiwan Commerce negative final CVD determination; AD order issued Currently in effect 2014 701-TA-520 and 731-TA- 1256 Turkey ITC terminated preliminary AD and CVD investigations --- 2014 701-TA-521 and 731-TA- 1257 Vietnam CVD and AD orders issued Currently in effect Source: U.S. International Trade Commission publications and Federal Register notices. Note: Collated roofing nails have been subject to the following investigations: Collated Roofing Nails from China, Korea, and Taiwan, Inv. Nos. 731-TA-757-759 (Preliminary), January 1997 and Collated Roofing Nails from China and Taiwan, Inv. Nos. 731-TA-757 and 759 (Final), November 1997. Note: “Date” refers to the year in which the investigation was instituted by the Commission. Previous and related safeguard investigations On January 24, 1984, the United Steelworkers of America, AFL-CIO/CLC, and Bethlehem Steel Corp. filed a petition under section 201 of the Trade Act of 1974 alleging that carbon and certain alloy steel products, including steel wire nails, were being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles.8 Following the Commission’s affirmative determinations in July 1984 for several of the products, including steel wire nails, the United States negotiated various agreements to limit the importation of steel products into the United States, such as the VRAs.9 Effective June 22, 2001, following a request from the United States Trade Representative (“USTR”) and subsequently a request from the Senate Finance Committee, a section 201 investigation was initiated by the Commission to determine whether certain steel products were being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry. The Commission issued a negative determination with respect to carbon and alloy steel nails.10 8 Carbon and Alloy Steel Products, Investigation No. TA-201-51, USITC Publication 1553, July 1984, p. 7. 9 Carbon and Alloy Steel Products, Investigation No. TA-201-51, USITC Publication 1553, July 1984, p. 7. 10 Steel, Investigation No. TA-201-73, USITC Publication 3479, December 2001, pp. 7-8. I-8 Nature and extent of subsidies and sales at LTFV Subsidies On August 22, 2022, Commerce published a notice in the Federal Register of its final affirmative determinations of countervailable subsidies for producers and exporters of steel nails from India,11 Oman,12 Sri Lanka,13 and Turkey.14 On August 22, 2022, Commerce published a notice in the Federal Register of its negative final determination of countervailable subsidies for producers and exporters of steel nails from Thailand.15 Tables I-3, I-4, I-5, I-6, and I-7 present Commerce’s final subsidy determinations of steel nails in India, Oman, Sri Lanka, Thailand, and Turkey. Table I-3 Steel nails: Commerce’s final subsidy determination with respect to imports from India Entity Final countervailable subsidy rate (percent) Astrotech Steels Pvt. Ltd 2.93 Geekay Wires Limited 2.73 All others 2.85 Source: 87 FR 51333, August 22, 2022. Note: For further information on programs determined to be countervailable, see Commerce’s associated Issues and Decision Memorandum. Table I-4 Steel nails: Commerce’s final subsidy determination with respect to imports from Oman Entity Final countervailable subsidy rate (percent) Oman Fasteners LLC 2.49 All others 2.49 Source: 87 FR 51335, August 22, 2022. Note: For further information on programs determined to be countervailable, see Commerce’s associated Issues and Decision Memorandum. 11 87 FR 51333, August 22, 2022. 12 87 FR 51335, August 22, 2022. 13 87 FR 51337, August 22, 2022. 14 87 FR 51339, August 22, 2022. 15 87 FR 51343, August 22, 2022 I-9 Table I-5 Steel nails: Commerce’s final subsidy determination with respect to imports from Sri Lanka Entity Final countervailable subsidy rate (percent) Trinity Steel Private Limited 4.12 All others 4.12 Source: 87 FR 51337, August 22, 2022. Note: For further information on programs determined to be countervailable, see Commerce’s associated Issues and Decision Memorandum. Table I-6 Steel nails: Commerce’s final subsidy determination with respect to imports from Thailand Entity Final countervailable subsidy rate (percent) Come Best Thailand Co., Ltd 0.05 (de minimis) Jinhai Hardware Co. Ltd 0.10 (de minimis) Source: 87 FR 51343, August 22, 2022. Note: For further information on programs determined to be countervailable, see Commerce’s associated Issues and Decision Memorandum. Table I-7 Steel nails: Commerce’s final subsidy determination with respect to imports from Turkey Entity Final countervailable subsidy rate (percent) Aslanbas Civi Tel Ve Celik Hasir San A.S 3.88 Sertel Vida Metal A.S 1.52 All others 1.86 87 FR 51339, August 22, 2022. Note: For further information on programs determined to be countervailable, see Commerce’s associated Issues and Decision Memorandum. I-10 Sales at LTFV On August 4, 2022, Commerce published a notice in the Federal Register of its affirmative preliminary determinations of sales at LTFV with respect to imports from India,16 Thailand,17 and Turkey.18 On August 4, 2022, Commerce published a notice in the Federal Register of its negative preliminary determinations of sales at LTFV with respect to imports from Sri Lanka.19 Tables I-8, I-9, I-10, and I-11 present Commerce’s dumping margins with respect to imports of steel nails from India, Sri Lanka, Thailand, and Turkey. Table I-8 Steel nails: Commerce’s preliminary weighted-average LTFV margins with respect to imports from India Exporter/producer Preliminary dumping margin (percent) Astroech Steels Private Limited 2.91 Geekay Wires Limited 3.97 All others 3.31 Source: 87 FR 47719, August 4, 2022. Table I-9 Steel nails: Commerce’s preliminary weighted-average LTFV margins with respect to imports from Sri Lanka Exporter/producer Preliminary dumping margin (percent) Trinity Steel Private Limited 0.0 Source: 87 FR 47701, August 4, 2022. Table I-10 Steel nails: Commerce’s preliminary weighted-average LTFV margins with respect to imports from Thailand Exporter/producer Preliminary dumping margin (percent) Come Best (Thailand) Co. Ltd 17.12 Jinhai Hardware Co., Ltd 65.87 All others 17.12 Source: 87 FR 47708, August 4, 2022. 16 87 FR 47719, August 4, 2022. 17 87 FR 47708, August 4, 2022. 18 87 FR 47699, August 4, 2022. 19 87 FR 47701, August 4, 2022. I-11 Table I-11 Steel nails: Commerce’s preliminary weighted-average LTFV margins with respect to imports from Turkey Exporter/producer Preliminary dumping margin (percent) Aslambas Civi Tel Ve Celik Hasir San A.S. 22.72 Sertel Vida Metal A.S. 38.38 All others 35.77 Source: 87 FR 47699, August 4, 2022. The subject merchandise Commerce’s scope In the current proceeding, Commerce has defined the scope as follows:20 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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. 20 87 FR 51333, 87 FR 51335, 87 FR 51337, 87 FR 51339, 87 FR 51343, August 22, 2022. I-12 Excluded from the scope are certain steel nails packaged in combination with one or more nonsubject 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 nonsubject 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas-actuated hand tools. These nails have 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. I-13 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Tariff treatment Steel nails are currently provided for in HTS subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States (“HTSUS” or “HTS”), and are imported under all statistical reporting numbers of those subheadings. Steel nails imported from India, Oman, Sri Lanka, Thailand, and Turkey enter the U.S. market at a column 1-general duty rate of “Free.”21 Decisions on the tariff classification and treatment of imported goods are within the authority of U.S. Customs and Border Protection. Section 232 tariff treatment22 Steel nails classifiable under HTS subheading 7317.00 were not originally included in the enumeration of steel mill products that were subject to the additional 25 percent ad valorem section 232 national-security duties under HTS chapter 99 as of March 23, 2018.23 However, steel nails described in HTS statistical reporting numbers 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5560, 7317.00.5580, and 7317.00.6560 were included in the enumeration of derivative iron and steel articles that became subject to additional 25 percent ad valorem section 232 duties, as of February 8, 2020.24 At this time, imports of steel 21 HTSUS (2022) Basic Edition (Revision 8), USITC publication 5345, July 2022, p. 73-30. 22 As described below, imports of carbon and certain alloy steel wire rod (an input for steel wire and nails) are subject to additional 25 percent ad valorem section 232 duties or, in certain cases, quotas, effective March 23, 2018 (FR 11625). More recently, certain sources have become subject to tariff rate quotas. See also Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago, Investigation Nos. 701-TA-417 and 731-TA-953, 957-959, and 961 (Third Review), USITC Publication 5100, August 2020, pp. I-28 and I-29 and app. F. 23 Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) authorizes the President, on advice of the Secretary of Commerce, to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9705, March 8, 2018; 83 FR 11625, March 15, 2018. 24 Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States, Presidential Proclamation 9980, January 24, 2020; 85 FR 5281, January 29, 2020. I-14 nails described by these six HTS statistical reporting numbers originating in Argentina, Australia, Brazil, Canada, The European Union member countries, Japan, Korea, Mexico, and the United Kingdom are exempted from any duties on derivative iron and steel articles25,26; but imports originating in all other countries are subject to these 25 percent additional duties.27 In its postconference brief during the preliminary investigation, petitioners 25 While exempt from duties for derivative iron and steel articles, Argentina, Brazil, South Korea, The European Union member countries, Japan, and the United Kingdom are subject to annual import quotas or tariff rate quotas from steel mill products subject to 232 duties. 26 87 FR 33595, June 3, 2022. 27 The President also issued subsequent Proclamations to exempt or adjust these duties for selected U.S. trade partners: • Presidential Proclamation 9711, March 22, 2018 (83 FR 13361, March 28, 2018) exempted iron and steel mill products originating in Argentina, Australia, Brazil, Canada, the EU member countries (including the United Kingdom), Korea, and Mexico, as of March 23, 2018. • Presidential Proclamation 9740, April 30, 2018 (83 FR 20683, May 7, 2018) continued the duty exemptions for Argentina, Australia, Brazil, but with annual import quota limits on iron and steel mill products originating in Korea, as of May 1, 2018; and did not continue the duty exemptions on iron and steel mill products originating in Canada, Mexico, and the EU member countries (including the United Kingdom), as of June 1, 2018. • Presidential Proclamation 9759, May 31, 2018 (83 FR 25857, June 5, 2018) continued the duty exemptions but with annual import quota limits on iron and steel mill products originating in Argentina, Brazil, and Korea, as of June 1, 2018. • Presidential Proclamation 9772, August 10, 2018 (83 FR 40429, August 15, 2018) continued the duty exemptions on iron and steel mill products originating in Australia; continued the duty exemptions with annual import quota limits on iron and steel mill products originating in Argentina, Brazil, and Korea, as of June 1, 2018; but doubled the duty rate to 50 percent on such imported products originating in Turkey, as of August 13, 2018. • Presidential Proclamation 9886, May 16, 2019 (84 FR 23421, May 21, 2019) restored the original additional duty rate of 25 percent on steel mill products originating in Turkey, as of May 21, 2019. • Presidential Proclamation 9894, May 19, 2019 (84 FR 23987, May 23, 2019) restored the duty exemptions on steel mill products originating in Canada and Mexico, as of May 20, 2019. • Presidential Proclamation 10328, December 27, 2021 (87 FR 11, January 3, 2022) provided duty exemptions with annual import quota limits on iron and steel mill products originating in EU member countries, including Belgium, as of January 1, 2022. • Presidential Proclamation 10356, March 31, 2022 (87 FR 63, April 1, 2022) provided duty exemptions within annual TRQs on iron and steel mill products originating in Japan, effective April 1, 2022. See also U.S. note 16(a)(ii) to subchapter III of HTS chapter 99. • Presidential Proclamation 10406, May 31, 2022 (87 FR 107, June 3, 2022) provided duty exemptions within annual TRQs on iron and steel mill products originating in the United Kingdom, effective June 1, 2022. (continued...) I-15 estimated that 27 percent of all nail imports from all sources over the period of February 2020 to September 2021 fall under the HTS codes that would be subject to 232 duties.28 While imports produced in all subject countries are subject to these 25 percent ad valorem duties under HTS statistical reporting numbers 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5560, 7317.00.5580, and 7317.00.6560, three large importers sought the suspension of collection of these duties through litigation. On February 4, 2020, PrimeSource Building filed a suit against the United States before the Court of International Trade (“CIT”), arguing that the imposition of the tariffs on steel derivative products failed to follow required statutory procedures. Huttig and Oman Fasteners filed similar suits. Plaintiffs subsequently obtained injunctions against the collection of Section 232 duties. In April 2021, the CIT issued a summary judgment determining that the presidential proclamation was “invalid as contrary to law. The United States appealed this decision in June 2021 before the U.S. Court of Appeals for the Federal Circuit (“CAFC”) and requested a partial stay of judgement with the CIT pending the appeal. The motion for a stay was granted in August 2021 and CIT ordered suspension of liquidation of the entries affected by the appeal.29 As of September 2022, the case is currently pending decision by the CAFC.30 Section 301 tariff treatment31 Steel nails originating in China, a nonsubject source, that are imported into the United States under HTS subheadings 7317.00.55, 7317.00.65, and 7317.00.75 are currently See also HTS heading 9903.80.01 and U.S. notes 16(a), 16(b), 16(e), and 16(f) to subchapter III of chapter 99 and related tariff provisions for this duty treatment. USITC, HTSUS (2022) Basic Edition (Revision 8), USITC publication 5345, July 2022, pp. 99-III-5 – 99-III-7, 99-III-237, 99-III-241 – 99-III-242, 99-III-249 – 99-III-250. 28 Petitioner’s postconference brief, p. 20, Exh. 1. 29 In its prehearing brief, PrimeSource noted that while three companies (PrimeSource, Oman Fastener, and Huttig Building Products) did obtain injunctions from the U.S. Court of International Trade (“CIT”) enjoining the collectioncof cash deposits of Section 232 duties on their imports, they were still required increase the liability on their bonds to reflect the additional Section 232 duties they would have deposited as a condition of the injunctions. All other U.S. importers have had to deposit Section 232 duties directly with U.S. Customs and Border Protection. 30 Petitioner’s postconference brief, pp. 21-23; Exh 1. 31 Imports from China of carbon and certain alloy steel wire rod (an input for steel wire and nails) are subject to additional 7.5 percent ad valorem section 301 duties, effective February 14, 2021 (84 FR 3741, January 22, 2020). I-16 subject to additional 25 percent section 301 ad valorem duties,32 effective May 10, 2019.33 See also U.S. notes 20(e) and 20(f), subchapter III of chapter 99. The product Description and applications34 Steel nails are small steel bars that are pointed on one end and have some type of head at the other end. (Flat heads are the most common).35 Steel nails are driven into wood or other materials to fasten or join them together. The pointed end is driven into the surface of the material it is fastening, while the head serves as a point from which to drive the nail in without damaging the material the nail is fastening. The head also serves as a point from which to grasp and remove the nail if the object it is fastening needs to be disassembled. Steel nails can also be used as hooks or pegs from which to hang things. Although most steel nails are produced from low-carbon steel, steel nails are also produced from stainless steel (to resist corrosion) and from medium- to high-carbon steel which can be hardened. Nails are packaged for shipment in bulk (loose in a carton or other 32 Section 301 of the Trade Act of 1974, as amended (19 U.S.C. § 2411) authorizes the President to take appropriate action to respond to a foreign country’s unfair trade practices. On August 18, 2017, USTR initiated an investigation into certain acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation (82 FR 40213, August 24, 2017). On April 6, 2018, USTR published its determination that the acts, policies, and practices of China under investigation are unreasonable or discriminatory and burden or restrict U.S. commerce, and are thus actionable under section 301(b) of the Trade Act (83 FR 14906, April 6, 2018). 33 HTS subheadings 7317.00.55, 7317.00.65, and 7317.00.75 were included in the USTR’s third enumeration (“Tranche 3”) of products originating in China that became subject to an additional 10 percent ad valorem section 301 duties (Annexes A and C of 83 FR 47974), on or after September 24, 2018. Tranche 3 covered 6,031 tariff subheadings, with an approximate annual trade value of $200 billion (83 FR 47974, September 21, 2018). Escalation of this duty to 25 percent ad valorem was rescheduled from January 1, 2019 (annex B of 83 FR 14906, April 6, 2018) to March 2, 2019 (83 FR 65198, December 19, 2018), but was subsequently postponed until further notice (84 FR 7966, March 5, 2019), and then was implemented as of May 10, 2019 (84 FR 20459, May 9, 2019). A subsequent modification was provided for subject goods exported from China prior to May 10, 2019, not to be subject to the escalated 25 percent duty, as long as such goods entered the United States prior to June 1, 2019 (84 FR 21892, May 15, 2019). USTR proposed raising this additional duty from 25 percent to 30 percent on such products imported from China, on or after October 1, 2019 (Annex C – (List 3 - $200 Billion Action), Part 1, of 84 FR 46212, September 3, 2019). 34 Unless otherwise noted, this information is based on Certain Steel Nails from Korea, Malaysia, Oman, Taiwan, and Vietnam, Investigation Nos. 701-TA-521 and 731-TA-1252-1255 and 1257 (Final), USITC Publication 4541, July 2015. p. I-12. 35 Home Depot, “Types of Nails”, Types of Nails (homedepot.com), retrieved January 26, 2022. I-17 container) or collated (joined with wire, paper strips, plastic strips, or glue into coils or straight strips for use in pneumatic nailing tools). Although most nails are produced from a single piece of steel, some nails are produced from two or more pieces. Examples of nails produced from two or more pieces include a nail with a decorative head such as an upholstery nail; a nail with a large thin attached head (for nailing roofing felt, for example); and a nail with a rubber or neoprene washer assembled over its shaft (to seal the nail-hole in metal or fiberglass roofing, or siding). Particular varieties of nails within the scope of these investigations include, but are not limited to, masonry anchors36 and roofing nails. Masonry anchors can be made of nylon, carbon steel, or stainless steel. They are primarily used to fasten wood or metal to concrete, brick, or block where predrilling is required.37 Anchors can be made of one piece or in two pieces with a body and a steel pin.38 Roofing nails are used in construction or maintenance of roofs. They can be made of carbon or stainless steel and often have a larger head than common nails. Like anchors, they can be made of one piece or two. Examples of two-piece roofing nails include hand driven and power-driven cap nails, which have a plastic or metal cap.39 Manufacturing processes40 Most steel nails are produced from wire rod or steel wire, although a small proportion of steel nails are produced from steel sheet or plate and are referred to as “cut nails.” Non- integrated producers of wire nails use purchased steel wire as a starting raw material, whereas integrated producers utilize their own facilities to produce wire for nails, using steel wire rod as their starting material. Some producers are further integrated through the steelmaking process and produce steel wire rod from raw materials such as scrap, pig iron, and ferroalloys. Figure I-1 shows the general process for producing steel wire nails. 36 In its postconference brief, the Hillman Group argued that masonry anchors are a separate domestic like product. 37 Hillman Group’s postconference brief, pp. 4-6. 38 For more information on types of masonry anchors, see Hillman Group’s postconference brief, Exh. 1, pp. 21-25. 39 For more information on types of roofing nails as well as other types of nails, see Standard Specification for Driven Fasteners: Nails, Spikes, and Staples (ASTM F1667), petitioner’s postconference brief, exh. 17, pp. 334-382. 40 Unless otherwise noted, this information is based on Certain Steel Nails from Korea, Malaysia, Oman, Taiwan, and Vietnam, Investigation Nos. 701-TA-521 and 731-TA-1252-1255 and 1257 (Final), USITC Publication 4541, July 2015, pp. I-12-I-15. I-18 Figure I-1 Steel nails: General process of producing nails Note: All collated nails are vinyl coated in-line on the collating machine. All bulk nails are coated in-line at the cleaning station if required. Source: Certain Steel Nails from Korea, Malaysia, Oman, Taiwan, and Vietnam, Inv. Nos. 701-TA-521 and 731-TA-1252-1255 and 1257 (Final), USITC Publication 4541, July 2015, p. I-14. To produce nails from wire, the wire is fed from a large coil into a nail machine that automatically straightens the wire, forms the head of the nail, and cuts the nail from the wire, simultaneously forming the point and ejecting the finished nail. Nail machines are of two general types: the first, known as a “cold-heading machine,” holds the wire near its end in gripper dies and forms the head by striking the leading end of the wire, forcing the end of the wire to fill a die cavity of the desired shape. The wire is fed through the grippers, and shape cutters form the point and cut the nail free from the wire coming off the coil. The process is repeated for each individual nail produced by the cold-heading process. In the second type of nail machine, known as a “rotary heading machine,” the wire is fed continuously and cutting rollers cut individual nail blanks, simultaneously forming the point. The nail blanks are then inserted into a die ring and the heads are formed by compression of the end of the nail between the rotating ring and a heading roller. The completed nails are then ejected from the machine. Both types of nail machines are used to produce all styles of nails, and some I-19 manufacturers have both types in their facilities. These automatic machines are capable of producing a range of nail sizes and head and point styles by changing tooling and adjustment. Nails that have helical twist, serrations, and other configurations on the shanks require an additional forming process. These nails are fed into other machines that roll, twist, stamp, or cut to required forms. These operations may also require heating of the nails before forming. After forming, nails are tumbled on themselves in rotating drums to remove particles of head flash and the whiskers, which often remain on the cut and pointed ends. The drum may contain a medium (such as sawdust) which effects cleaning and polishing of the nails during tumbling, otherwise the tumbled nails can be transferred to units that clean the nails with solvents or vapor degreasers. Nails are produced with a number of finishes, depending upon the intended use: uncoated,41 zinc-coated (galvanized), vinyl resin, and cement coated are the most common finishes. Nails with galvanized coatings are intended for uses where corrosion and staining resistance are important.42 Resin coatings are used to aid in driving the nail. Cement coating is used to increase the resistance of the nail to withdrawal by increasing the friction between the nail and the wood into which it has been driven. Zinc-coated, or galvanized, nails are produced by several methods: (1) produced using zinc-coated (galvanized) wire; (2) produced by a process of dipping formed nails into molten zinc and then spinning them in a centrifuge-like apparatus to throw off excess molten zinc; or (3) electroplated with zinc after forming. Nails for driving into concrete or other hard substances may be hardened by heat treatment. Nails for use in hand-held pneumatic nailing tools are processed through automatic equipment to collate the nails using paper strips, plastic strips, fine steel wire, or adhesive. Nails for use in nailing tools in some industrial applications–for the production of wooden pallets in particular–are packaged in bulk and fed to the nailing tools via automatic hopper-feeding systems. Nails for hand-driving are packaged in bulk (loose) in cartons or in smaller count boxes including one- pound and five-pound boxes for mass merchandise retail repair and modeling customers. Cut nails are produced from steel sheet or plate rather than from wire and are rectangular rather than round. Cut nails are used primarily for joining to masonry or concrete. Although cut nails may be made for any carpentry use, the main use other than masonry is for flooring in applications where an antique appearance is required. Cut nails are made from high- carbon steel plate that is sheared into strips. The strips are fed into specially designed nail 41 Uncoated nails are also called “bright,” a term that refers to nails that have not undergone treatments affecting finish, such as hardening, bluing, coating, plating, etching, painting, etc. ASTM F547: Standard Terminology of Nails for Use with Wood and Wood-Base Materials. 42 Forest Products Society, Wood Handbook 2010 Edition, p. 8-3. I-20 machines which shape the nails and form the heads. The cut nails are then-case hardened in a furnace and packed in fifty-pound cartons (also known as large-count industry standard boxes) on pallets for the construction trades or either one-pound or five-pound boxes for mass merchandise retail repair and modeling customers. Domestic like product issues The petitioner proposed a single domestic like products coextensive with the scope of the investigations.43 Respondents PrimeSource, Metropolitan Staple, Steel Products Company and Steel & Wire Northeast stated that they did not contest a single domestic like product.44 Respondent Hillman Group argued that anchors are a separate domestic like product.45 In the preliminary phase of these investigations, the Commission found that differences between anchors and other nail products were “consistent with a continuum of nail products;” given this as well as the similarities between anchors and other types of steel nail products, the Commission found “a single domestic like product, consisting of all steel nails within the scope, for purposes of the preliminary phase of these investigations.”46 The Commission issued draft questionnaires for comment in the final phase of these investigation on March 10, 2022. No party requested the collection of additional information regarding the domestic like product. 43 Petitioner’s postconference brief, p. 3. 44 Husch Blackwell prehearing brief, pp. 5-6. 45 Hillman Group’s postconference brief, p. 9. 46 Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey, Investigation Nos. 701-673-677 and 731-TA-1580-1583 (Preliminary), USITC Publication 5283, February 2022, p. 13. II-1 Part II: Conditions of competition in the U.S. market U.S. market characteristics Steel nails are predominantly manufactured from steel wire drawn from wire rod, but may also be produced from steel plate or strip. Different types of steel nails are sold for housing construction, constructing pallets and shipping crates, and making furniture, cabinets, or flooring. Steel nails are packaged in different sizes of boxes and containers with smaller packages normally being purchased by big box retailers and larger containers being sold to lumberyards and wholesale distributors. They may be sold in bulk or in paper- or plastic- collated strips to end users and distributors.1 The construction industry is the single largest end user of steel nails. Therefore, demand for steel nails is primarily driven by the U.S. construction industry and is strongly influenced by residential housing construction.2 Prices for steel nails are determined by a number of factors, including type of nail, physical dimensions of the nails, whether the nail is galvanized or coated, whether it is sold as a bulk or collated product, and if it is shank style.3 Apparent U.S. consumption of steel nails increased in terms of quantity by 27.1 percent during 2019-21, and was 10.3 percent higher in January-March 2022 than in January-March 2021. Apparent U.S. consumption of steel nails in terms of value increased by 45.5 percent during 2019-21, and was 63.6 percent higher in January-March 2022 than in January-March 2021. Domestic producers described a market for steel nails has been characterized by two periods of distinct market dynamics: before and during the COVID-19 pandemic.4 A representative of Mid Continent attributed the increase in apparent U.S. consumption during 2021 to effects of the COVID-19 pandemic and the resultant supply chain issues in addition to “unusual” ocean freight costs. These issues, he noted, allowed Mid Continent to increase prices. However, labor constraints have inhibited its ability to increase production and sales.5 1 Petition, p. 6. 2 Hearing transcript, p. 43 (Lutz). 3 Certain Steel Nails from Korea, Malaysia, Oman, Taiwan, and Vietnam, Investigation Nos. 701-TA- 521 and 731-TA-1252-1255 and 1257 (Final), USITC Publication 4541, July 2015, p. II-1. 4 Conference transcript, p. 98 (Kanna). 5 Hearing transcript, pp. 24-25 (Pratt). II-2 U.S. purchasers The Commission received 46 usable questionnaire responses from firms that have purchased steel nails since January 2019.6 7 Twenty-five responding purchasers are distributors, 16 are retailers, 10 are end users for pallets, 1 is an end user for other uses (***), and 2 classified themselves as “other” (***). Large purchasers of steel nails include *** which account for *** percent of reported purchases (including their direct imports) throughout the period.8 6 The following firms provided purchaser questionnaire responses: ***. 7 Of the 46 responding purchasers, 25 purchased domestic steel nails, 14 purchased imports of the subject merchandise from India, 11 purchased imports of the subject merchandise from Oman, 8 purchased imports of the subject merchandise from Sri Lanka, 10 purchased imports of the subject merchandise from Thailand, 18 purchased imports of the subject merchandise from Turkey, 26 purchased imports of steel nails from other known sources, and 21 purchased from unknown or unspecified sources. Thirty-three purchasers reported marketing/pricing knowledge of domestic product, 21 of product imported from India, 17 of product imported from Oman, 9 of product imported from Sri Lanka, 18 of product imported from Thailand, 28 of product imported from Turkey, and 35 of product imported from other countries, notably Austria, Canada, China, Lithuania, Malaysia, Mexico, Poland, South Korea, and Taiwan. 8 One other purchaser, ***, was unable to provide quantity data for the volume of steel nails which it purchased; it provided value data. Based on the magnitude of the value data, *** is likely to be one of the largest purchasers as well. II-3 Channels of distribution Table II-1 presents distribution channels for steel nails in the U.S. market. Overall, approximately two-thirds of domestic and subject steel nails were sold to distributors, while the remainder was sold by domestic producers primarily to end users and by subject importers primarily to retailers. Importers of subject product from India and Oman sold primarily to distributors and secondarily to retailers. Importers of steel nails from Sri Lanka increased the proportion of their sales to distributors over the period as the proportion sold to retailers decreased. In contrast, importers of product from Thailand sold mainly to retailers. Approximately *** of the shipments of steel nails imported from Turkey were sold to retailers, and the remainder split between distributors and end users. The majority of shipments of steel nails imported from nonsubject sources were to retailers, and, increasingly, distributors. Table II-1 Steel nails: Share of U.S. shipments by source, channel of distribution, and period Shares in percent Source Channel 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 United States Distributors 64.5 66.3 65.8 64.5 59.8 United States Retailers 6.5 6.8 5.9 6.9 7.6 United States End users 29.0 26.9 28.3 28.6 32.6 India Distributors *** *** *** *** *** India Retailers *** *** *** *** *** India End users *** *** *** *** *** Oman Distributors *** *** *** *** *** Oman Retailers *** *** *** *** *** Oman End users *** *** *** *** *** Sri Lanka Distributors *** *** *** *** *** Sri Lanka Retailers *** *** *** *** *** Sri Lanka End users *** *** *** *** *** Thailand Distributors *** *** *** *** *** Thailand Retailers *** *** *** *** *** Thailand End users *** *** *** *** *** Turkey Distributors *** *** *** *** *** Turkey Retailers *** *** *** *** *** Turkey End users *** *** *** *** *** Subject sources Distributors 62.9 58.5 64.7 63.6 68.1 Subject sources Retailers 34.3 37.3 33.4 34.7 28.7 Subject sources End users 2.9 4.3 1.9 1.8 3.2 Nonsubject sources Distributors 35.8 38.5 45.8 44.1 44.3 Nonsubject sources Retailers 56.3 55.6 48.4 49.3 47.2 Nonsubject sources End users 8.0 5.9 5.8 6.6 8.5 All import sources Distributors 46.7 46.7 53.4 52.7 54.3 All import sources Retailers 47.4 48.0 42.4 42.8 39.4 All import sources End users 5.9 5.2 4.2 4.4 6.3 Source: Compiled from data submitted in response to Commission questionnaires. II-4 Geographic distribution U.S. producers and importers reported selling steel nails to all regions in the United States (table II-2). For U.S. producers, 8.8 percent of sales were within 100 miles of their production facility, 75.8 percent were between 101 and 1,000 miles, and 15.4 percent were over 1,000 miles. Importers sold 39.2 percent within 100 miles of their U.S. point of shipment, 46.8 percent between 101 and 1,000 miles, and 14.0 percent over 1,000 miles. Table II-2 Steel nails: Count of U.S. producers’ and U.S. importers’ presence in geographic markets, by source and by region Region U.S. producers India Oman Sri Lanka Thailand Turkey Subject sources Northeast 8 10 7 4 9 9 18 Midwest 9 11 8 4 9 10 19 Southeast 9 12 8 4 8 11 20 Central Southwest 8 11 8 4 5 9 16 Mountains 8 9 8 4 8 7 16 Pacific Coast 7 11 8 4 9 8 17 Other 5 3 5 2 3 3 8 All regions (except Other) 6 7 7 4 4 5 13 Reporting firms 9 15 8 4 10 12 22 Source: Compiled from data submitted in response to Commission questionnaires. Note: Other U.S. markets include AK, HI, PR, and VI. II-5 Supply and demand considerations U.S. supply Table II-3 provides a summary of the supply factors regarding steel nails from U.S. producers and from subject countries. Table II-3 Steel nails: Supply factors that affect the ability to increase shipments to the U.S. market, by factor and by country Quantity in short tons; ratio and share in percent Factor Measure United States India Oman Sri Lanka Thailand Turkey Subject sources Capacity 2019 Quantity 182,291 *** *** *** *** *** *** Capacity 2021 Quantity 158,238 *** *** *** *** *** *** Capacity utilization 2019 Ratio 66.3 *** *** *** *** *** *** Capacity utilization 2021 Ratio 82.8 *** *** *** *** *** *** Ending inventories 2019 Ratio *** *** *** *** *** *** *** Ending inventories 2021 Ratio *** *** *** *** *** *** *** Home market 2021 Share *** *** *** *** *** *** *** Non-U.S. export markets 2021 Share *** *** *** *** *** *** *** Ability to shift production Count *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Responding U.S. producers accounted for the vast majority of U.S. production of steel nails in 2021. Responding foreign producer/exporter firms accounted for more than *** of U.S. imports of steel nails from India during 2021, *** U.S. imports of steel nails from Oman, Sri Lanka, and Thailand, and less than *** of U.S. imports of steel nails from Turkey. For additional data on the number of responding firms and their share of U.S. production and of U.S. imports from each subject country, please refer to Part I, “Summary Data and Data Sources.” Note: Home market and Non-U.S. export market shares are shares of total shipments. II-6 Domestic production Based on available information, U.S. producers of steel nails would have the ability to respond to changes in demand with moderate changes in the quantity of shipments of U.S.- produced steel nails to the U.S. market if they were able to secure enough labor to increase production, though some have struggled to do so.9 If the U.S. industry could secure the labor, its supply capability would approach its installed capacity which is substantial relative to production. The main contributing factors to this degree of responsiveness of supply are the availability of some unused capacity and inventories. Factors that may mitigate responsiveness of supply include labor constraints experienced by the largest producers, decreased inventory levels, limited ability to shift shipments from alternate markets and limited ability to shift production to or from alternate products. Domestic producers noted the lack of a readily available, skilled labor force, reportedly due to the effects of the COVID-19 pandemic and reductions in employees attributed to subject imports, that would be needed to produce more steel nails.10 U.S. producers’ production capacity decreased by a 13.2 percent during 2019-21 and capacity utilization increased by 16.6 percentage points to 82.8 percent capacity utilization in 2021. Capacity utilization in January-March 2022, however, was lower (77.3 percent) than in January-March 2021 (87.5 percent). Petitioner’s counsel submits that early in the relevant period, even without labor constraints, Mid Continent’s capacity utilization for its installed capacity was “very low.”11 A representative for Mid Continent reported at the staff conference that “due to labor constraints and things of that nature, we are only able to operate at about 40 9 The two largest U.S. producers, Mid Continent and Tree Island, reported difficulty hiring and retaining an experienced workforce during the relevant period. Hearing transcript, p. 25 (Pratt) and p. 42 (Stachowiak). While only *** experienced a *** in production and in the number of production and related workers between 2019 and 2021, *** in the size of *** labor force was greater than the combined increases reported by the *** U.S. producers. 10 Hearing transcript, pp. 72-73 (Pratt). Domestic producers reported that these labor constraints are “significant” and have constrained the ability to increase production “in any significant volumes quickly.” Conference transcript, p. 44 (Stachowiak) and hearing transcript, p. 73 (Pratt). 11 Conference transcript, p. 49 (Jeong). In the preliminary phase, U.S. producers reported installed capacity at their locations. In the final phase, they were asked to provide both installed and practical capacity. Mid Continent reported practical capacity utilization of ***. For more information, see Part III. II-7 percent of the {450 tons a day capacity at its Poplar Bluff location that it reached in 2017}.”12 13 Producers Mid Continent, Tree Island, and Kyocera each raised wages in 2021 in order to increase the number of workers.14 In its final phase questionnaire response, producer *** noted that labor difficulties have persisted: “current labor conditions make it difficult to increase workforce, even with offering increased wages.” Producers stated that one factor they have had to try to overcome in trying to increase production is the “availability of skilled, experienced people,” which “takes time” and is “not something money pays for,” particularly when those skilled employees were lost due to prior worker attrition.15 16 U.S. producers’ inventories/total shipment ratio decreased from *** percent in 2019 to *** percent in 2021. *** of U.S. production is shipped domestically, and eight of nine U.S. producers reported that they are not able to shift production to other products. Subject imports from subject countries Based on available information, producers of steel nails from India, Oman, Sri Lanka, Thailand, and Turkey generally have the ability to respond to changes in demand with small changes in the quantity of shipments of steel nails to the U.S. market. Factors mitigating responsiveness of supply include, in general, a small amount of unused capacity, a limited 12 Conference transcript, p. 48 (Pratt). The witness further noted that “if we had more profit on our nails, we would be able to raise our wages and possibly be able to increase our labor force.” Ibid. A representative of Tree Island added that, “Obviously, the availability of labor and the wages would require a significantly higher wage category, which would compress margins unless we could raise the prices substantially. But, absolutely, there is a significant amount of excess machine capacity that can support the market.” Ibid., p. 50 (Stachowiak). 13 Mid Continent is owned by Deacero USA, which is in turn owned by the Mexican firm Deacero S.A.P.I. de C.V., which produces steel nails. ***. 14 Hearing transcript, p. 28 (Lockhart) and p. 37 (Stachowiak). Conference transcript, p. 89 (Faron, Pratt, and Stachowiak), and Petitioner’s postconference brief, Answers to Commission Staff questions, p. 16. For additional information regarding installed versus practical capacity, please see Part III. 15 Conference transcript, p. 90 (Stachowiak) and p. 61 (Pratt). 16 In 2017, Legacy Fasteners LLC, which is owned by the former owners of Mid Continent, began production in the same city (Poplar Bluff, Missouri) as Mid Continent, having purchased the assets of Fuzion Fasteners from Hahn Industries, and competes with Mid Continent for skilled workers and customers. “Pallet People: Liblas Acquire Fuzion Fasteners, Launch Legacy Fasteners, LLC,” PalletEnterprise.com, submitted as part of Respondent Astrotech’s postconference brief, exhibit 3, and Ibid., pp. 17-18. II-8 ability to shift shipments from alternate markets and no ability to shift production to or from alternate products for any subject country, along with relatively low inventory-to-production ratios. The source with the greatest ability to respond to changes in demand is Turkey, which likely has a moderate ability to respond to changes in the U.S. steel nail market due to being the subject country with the most unused capacity, a ***, the second-largest percentage of sales to non-U.S. export markets, and the highest available inventory levels, although it maintains the largest percentage of home-market shipments among subject countries.17 India, Oman, Sri Lanka, and Thailand on the other hand, have somewhat less ability to increase exports to the U.S. market in response to price changes due to their high capacity utilization ratios, very low shipments to their home markets and third-country markets, and low inventory levels. Production capacity in India, Oman, Sri Lanka, Thailand, and Turkey increased during 2019-21, with increases ranging from less than 5 percent (***) to more than 90 percent (***). At the end of 2020, *** held the largest amount of unused capacity among subject countries.18 Across all subject countries combined, despite capacity increasing by *** percent, capacity utilization increased by *** percentage points, and was *** percent in 2021. Capacity was higher in January-March 2022 (*** percent) than in January-March 2021 (*** percent). 17 In the preliminary phase of these investigations, Turkish steel nails production capacity was substantially higher, and was ***. Foreign producer *** has not filed a response in the final phase of these investigations. 18 The effects of the COVID-19 pandemic on production in different countries was diverse during 2020 and 2021, due to both the effects of the virus itself as well as any interventions undertaken to combat the virus. With respect to imports, respondents noted that, “there have been shutdowns, there have been lockdowns that have inhibited sourcing and supply…” Conference transcript, p. 202 (Nagaranjan). At least one foreign producer in each country but Oman reported being affected by the COVID-19 pandemic. II-9 The ratios of ending inventories held in subject countries by foreign producers to their total shipments of steel nails were generally smaller than the inventory ratios of domestic producers,19 although total ending inventory quantities increased each period. Ending inventory ratios in *** were never above *** percent. *** inventory ratios increased irregularly from *** to *** percent and *** inventory ratios increased from *** to *** percent from 2019 to 2021. *** inventory ratios increased irregularly from *** to *** percent. Inventories held by subject countries increased from *** short tons in 2019 to *** short tons in 2021. Home market shipments for the steel nails industry in Turkey were *** percent in 2021 (a decrease from *** percent in 2019) but were *** percent or less for each of the other countries. Non-U.S. exports were less than *** percent for all countries. They were smallest for the steel nails industry in Sri Lanka (*** percent) and largest for the steel nails industry in India (*** percent) in 2021. No foreign producer reported being able to produce any other products on the same machinery and equipment used to make steel nails.20 Imports from nonsubject sources Imports of steel nails from nonsubject sources accounted for approximately 68.5 percent of total U.S. imports in 2021, according to official statistics. The largest source of nonsubject imports, and the largest source of all imports of steel nails was China by 2021 quantity, followed by Taiwan, South Korea, Canada, Mexico, and Malaysia. Combined, these countries accounted for over four-fifths of steel nail imports from nonsubject sources in 2021. Supply constraints The U.S. steel nails market has been characterized by a number of supply constraints since January 1, 2019, including but not limited to unfulfilled orders, shipping delays, orders bypassed due to lack of production capacity, being placed on allocation, declining to accept new customers, delivering less than the quantity promised, etc. Overall, purchasers reported increased difficulty purchasing all the steel nails they desired during the period. In 2019, purchasers were able to buy 98.2 percent of their desired purchases (with 37 of 44 purchasers having no unfulfilled desired purchases). This decreased to 93.6 percent in 2020, 89.5 percent in 2021, and 89.3 percent in the first quarter of 2022 (with 34, 25, and 22 purchasers having no unfulfilled desired purchases in these time periods, respectively. Figure II-1 and table E-1 in Appendix E show the number of purchasers with unfulfilled purchases by the percentage of their unfulfilled desired purchases in each period. 19 Domestic inventory ratios were above *** percent in each relevant period. 20 One of four Indian foreign producers did note, however, producing of very small amounts (less than *** percent of annual capacity) of other products using the same equipment. ***. ***. II-10 Figure II-1 Steel nails: Number of purchasers with unfulfilled desired purchases, by percentage of desired purchases Source: Compiled from data submitted in response to Commission questionnaires. In the producers’, importers’, and purchasers’ questionnaires, firms were asked to indicate how frequently they experienced supply constraints in the steel nails market during various time frames.21 Figures II-2 through II-4 show that the frequency of supply constraints increased over the period. Firms were also asked to describe the type, timing, and duration of the constraint. Firms’ responses are contained in Appendix E. In general, firms cited various reasons for the supply constraints: labor shortages, production shutdowns, supply chain issues, and shipping delays related to the COVID-19 pandemic for both U.S.-produced and imported steel nails. Responding firms generally noted an increase in the frequency of supply constraints from all sources over time. Since 2021, approximately half of purchasers noted domestic supplies frequently being constrained. The proportion of purchasers noting frequent supply constraints has decreased slightly after peaking in the first half of 2021 for domestic and nonsubject sources, and in the second half of 2021 for subject sources. Trends were similar for both producers and importers, though the levels varied. 21 Producers were asked about domestic supply constraints, importers about subject and nonsubject supply constraints, and purchasers about all three. Firms were asked for information with respect to supply constraints before, during, and after January 2019 – March 2022. II-11 Figure II-2 Steel nails: Firms’ views on domestic supply constraints, by firm type Source: Compiled from data submitted in response to Commission questionnaires. Figure II-3 Steel nails: Firms’ views on subject import supply constraints, by firm type Source: Compiled from data submitted in response to Commission questionnaires. II-12 Figure II-4 Steel nails: Firms’ views on nonsubject import supply constraints, by firm type Source: Compiled from data submitted in response to Commission questionnaires. Five U.S. producers noted that the COVID-19 pandemic caused supply issues. The *** U.S. producer *** reported that its labor constraints were worsened because it had already reduced its workforce to compete with imports. It also reported that after the implementation of section 232 tariffs and an unsuccessful attempt to increase prices by approximately 19 percent in the spring of 2018, it lost 30 percent of its sales within the first 60 days, and by December of 2018, its shipments were down 60 percent from where they were in the first and second quarter of 2018.22 As a result of decreased shipments in 2018, *** reported that it reduced its workforce and has had difficulty attracting skilled labor back in order to satisfy demand in 2021.23 U.S. producer *** reported that it allocated its volumes to avoid customers stockpiling nails to avoid price increases and to ensure availability to all customers. It reported disruptions with its raw material supply chain and “manpower constraints.” *** reported container issues, issues due to the COVID-19 pandemic, and “an extreme amount of new requests for business beyond our current labor force” caused it to have supply issues. 22 Conference transcript, p. 46 (Skarich). 23 Conference transcript, p. 61 (Pratt). II-13 Import supply disruptions have also impacted imports in the steel nails market. Plant shutdowns related to the COVID-19 pandemic, a lack of available ocean carrier transport, bottlenecks at offloading port facilities, a shortage of truck drivers, container shortages, and the war in Ukraine were all reported by firms as causing supply constraints for imports. Purchasers’ experiences varied. A few purchasers reported that some importers refused orders. In contrast, purchaser *** reported that “There have been supply issues and shipping delays in the past 2 years but as a whole, there are very few orders that are not accepted by the import mills.” Similarly, purchaser *** noted that it has not been refused orders, but their suppliers have been unable to honor time commitments: “Mills used to promise 3 months from order placed to arrival. Now most mills will tell you 4-6 month lead time but in our experience they all take 8-12 months sometimes longer.” On the other hand, purchasers like *** have been refused orders, and *** indicated that production capacity issues has caused it to be put on allocation for years. Purchaser *** stated that at various times it had run out of stock of numerous items. New suppliers Nine of 44 purchasers indicated that new suppliers entered the U.S. market since January 1, 2019. Purchasers reported that the Abyssinia Group from Kenya (3 firms), AJAX International from China, Coinalde Polska from Poland, Karam Industries from Angola, Nails of Flanders from Belgium, and Gunney Celik and Tema from Turkey had entered the U.S. market since January 1, 2019. Purchaser *** reported that unnamed producers from Angola and the United Arab Emirates had entered the market during the same period.24 U.S. demand Based on available information, the overall demand for steel nails is likely to experience small changes in response to changes in price. The main contributing factors are the lack of substitute products and the small cost share of steel nails in most of its end-use products. 24 *** additionally noted Metalhouse, LLC, Sousa Deacero, and MicraGlobal had entered the market but staff were unable to verify origin countries for these sources. II-14 Demand for steel nails is derived primarily from construction activity and is strongly influenced by construction in residential housing. As shown in figure II-5, residential construction activity in the United States has increased since January 2019, especially since Spring 2020.25 Between January 2019 and March 2022, seasonally adjusted housing under construction increased 41.2 percent; since March 2022, it has increased by a 3.1 percent. Representatives for U.S. producers noted, however, that they believe demand will not be as robust in the remainder of 2022 and 2023 due to higher purchaser inventory levels and decreases in housing permits and starts.26 Figure II-5 Housing under construction: New privately owned housing units under construction, monthly, seasonally adjusted annual rate, January 2019-June 2022 Source: U.S. Census Bureau, https://www.census.gov/construction/nrc/index.html, retrieved August 30, 2022. 25 A representative for Mid Continent stated that “residential construction has gone from normal single-digit growth to, on average, 22 to 23 percent over a 16-month period of time, which blew all of us away, and that created all kinds of problems for everybody here. So, it has been constant growth since 2018,” and called this growth “unprecedented.” Conference transcript, pp. 20 and 57 (Skarich). 26 Hearing transcript, p. 44 (Lutz) and pp. 115-116 (Stachowiak) and petitioner’s posthearing brief, answers to Commissioners’ questions, p. 22. II-15 Demand for steel nails is also influenced by the general level of economic activity in the United States (figure II-6). For example, pallet demand growth generally follows trends in domestic GDP growth. One domestic industry representative noted that pallet demand normally runs at 2 to 3 percent growth per year.27 A representative for respondents at the staff conference noted that in the past pallet demand growth may have been 1 to 2 percent, but after the spring of 2020, pallet growth had been much larger.28 Figure II-6 Real U.S. GDP growth: Percentage change, quarterly, first quarter 2019 to second quarter 2022 Source: U.S. Bureau of Economic Analysis, https://www.bea.gov/data/gdp/gross-domestic-product#gdp, retrieved August 30, 2022 End uses and cost share U.S. demand for steel nails depends on the demand for U.S.-produced downstream products including various carpentry and construction applications, housing, wooden fencing, furniture, and pallets. Steel nails account for a very small share of the cost of the end-use products in which they are used. Reported cost shares for some end uses typically ranged from 1 to 5 percent, depending on how specific the reported end use was. 27 Conference transcript, p. 77 (Skarich). 28 Current-price, or nominal, GDP had increased 13.5 percent between the third quarter of 2020 and the fourth quarter of 2021 according to official U.S. statistics. FRED, St. Louis Federal Reserve, https://fred.stlouisfed.org/release/tables?rid=53&eid=12998&od=2021-04-01#, retrieved July 22, 2022. (Due to the two middle quarters of 2020 being impacted substantially by the start of the COVID-19 pandemic, 18-month comparison data would be overshadowed by these economic effects.) In 2022, there has been two quarters of quarterly negative GDP growth, though the decline was smaller in the second quarter than in the first quarter. II-16 Business cycles Six of 9 responding U.S. producers, 13 of 29 responding importers, and 18 of 45 responding purchasers indicated that the market was subject to business cycles, whereas 3 of 9 responding producers, 3 of 29 responding importers, and 8 of 45 responding purchasers indicated that the market is subject to distinct conditions of competition. Specifically, since the main use for steel nails is construction, demand is linked to construction cycles, with demand declining during winter months, in part due to decreased construction activity in colder regions of the United States in the winter and the desire of purchasers in Southern states to decrease their inventories in December for year-end tax reasons.29 Six of 8 responding producers, 8 of 17 responding importers, and 23 of 43 responding purchasers also noted that since 2019 there have been changes to the distinct conditions of competition and business cycles in the steel nail industry. Changes in raw material pricing whether due to section 232 tariffs or steel prices in general, the cessation of recycled pallets supplying large agricultural markets, effects of the COVID-19 pandemic, increased demand, increased focus of purchasers on delivery times and availability of product from suppliers, increased lead times, supply shortages, and unreliable ocean container transport were all reported as changes that have occurred since January 1, 2019. Demand trends Most firms reported increasing U.S. and foreign demand for steel nails since January 1, 2019 (table II-4). Nearly all firms that did not report increasing demand indicated instead that demand has been fluctuating. At the staff conference, representatives of Mid Continent and Kyocera, along with respondents’ counsel and economist characterized demand for steel nails at that time as “strong,” “soaring,” “increasing,” and “skyrocketing.”30 29 Conference transcript, pp. 78-80 (Faron, Frantzen, Skarich, and Stachowiak). 30 Conference transcript, pp. 11, 13 (House), 20 (Skarich), 27 (Faron), and 172 (Rogowsky). II-17 Table II-4 Steel nails: Count of firms’ responses regarding overall domestic and foreign demand, by firm type Market Firm type Increase No change Decrease Fluctuate Domestic demand U.S. producers 8 0 0 1 Domestic demand Importers 17 2 2 8 Domestic demand Purchasers 30 4 1 7 Foreign demand U.S. producers 2 2 0 0 Foreign demand Importers 9 3 0 5 Foreign demand Purchasers 9 2 0 6 Demand for end use product Purchasers 6 3 0 4 Source: Compiled from data submitted in response to Commission questionnaires. Substitute products Substitutes for steel nails are limited. Six of 8 U.S. producers, 22 of 26 responding importers, and 38 of 42 responding purchasers reported there are no substitutes for steel nails. Screws, staples, and adhesives were noted as possible substitutes in certain applications. Substitutability issues This section assesses the degree to which U.S.-produced steel nails and imports of steel nails from subject countries can be substituted for one another by examining the importance of certain purchasing factors and the comparability of steel nails from domestic and imported sources based on those factors. Based on available data, staff believes that there is a moderate- to-high degree of substitutability between domestically produced steel nails and steel nails imported from subject sources of the same type.31 Factors contributing to this level of substitutability include general interchangeability among steel nails of similar quality. The largest factors limiting substitutability were availability/available capacity to produce domestic steel nails, and certain types of steel nails only being available only from certain sources. 31 The degree of substitution between domestic and imported steel nails depends upon the extent of product differentiation between the domestic and imported products and reflects how easily purchasers can switch from domestically produced steel nails to the steel nails imported from subject countries (or vice versa) when prices change. The degree of substitution may include such factors as relative prices (discounts/rebates), quality differences (e.g., grade standards, defect rates, etc.), and differences in sales conditions (e.g., lead times between order and delivery dates, reliability of supply, product services, etc.). II-18 Factors affecting purchasing decisions Purchaser decisions based on source As shown in table II-5 most purchasers and their customers sometimes or never make purchasing decisions based on the producer or country of origin. However, 12 purchasers always make decisions based on the producer; 8 of the 12 cited one or more reasons, with quality, reliability, and capability to produce as the most frequent reasons. Four firms cited quality, two each cited trust and capacity; other reasons cited include competitiveness, brand, cost, capability and consistent results.32 Table II-5 Steel nails: Count of purchasers’ responses regarding frequency of purchasing decisions based on producer and country of origin Firm making decision Decision based on Always Usually Sometimes Never Purchaser Producer 12 6 13 14 Customer Producer 2 4 12 24 Purchaser Country 2 7 14 22 Customer Country 1 1 13 24 Source: Compiled from data submitted in response to Commission questionnaires. Importance of purchasing domestic product Thirty-two of 41 responding purchasers reported all of their purchases did not require purchasing U.S.-produced product. Three reported that domestic product was required by law (for 1 to 10 percent of their purchases, averaging 4.7 percent of their purchases), nine reported it was required by their customers (for 0.1 to 100 percent of their purchases, averaging 20.1 percent of their purchases), and one purchaser reported buying domestic steel nails due to other preferences for domestic product.33 Only one purchaser (***) noted that it prefers domestic product because sales to federal state and local governments may include Buy American provisions.34 32 One purchaser (***) reported that the quality of nails from Turkey (and other countries) varies a great deal between mills so the producer is always a factor in its decision. 33 ***. 34 *** did not report the shares under Buy American provisions. II-19 Most important purchase factors The most often cited top three factors firms consider in their purchasing decisions for steel nails were availability/lead time (37 firms), quality (34 firms), and price (31 firms), as shown in table II-6. Quality was the most frequently cited first-most important factor (cited by 19 firms), followed by availability (14 firms) and price (9 firms); availability was the most frequently reported second-most important factor (14 firms); and price was the most frequently reported third-most important factor (15 firms). The majority of purchasers (35 of 46) reported that they usually (15) or sometimes (22) purchase the lowest-priced product. In addition, eight reported that they never purchase the lowest-priced product, while one always does. Table II-6 Steel nails: Count of ranking of factors used in purchasing decisions as reported by purchasers, by factor Factor First Second Third Total Quality 19 12 3 34 Availability/lead time 10 14 13 37 Price 9 7 15 31 Supplier relationship/contract 4 0 4 8 Product line 2 5 2 9 Specification/brand 1 3 0 4 Delivery/delivered cost 1 0 1 2 Service 0 3 1 4 Delivery time/reliability 0 1 2 3 Terms 0 1 2 3 Other 1 1 5 7 Source: Compiled from data submitted in response to Commission questionnaires. Note: Other includes: capacity/capability as a first factor, keeping a diverse supply chain as a second factor, and company stability, customer requirements, operational strength of supplier, packaging, and willingness to act as an importer of record as third factor. One purchaser reported quality and price as first factor and one as third factor, both these responses were included. Note: Other factors reported by purchasers but not among the top three factors include compatibility with pneumatic tools and wooden pallet-making machinery, customer service, freight costs, good communication, lead times, “lead times including shipping delays,” price, product range, tariffs, terms of sale, timely shipments. One purchaser not noting price as a top-three factor noted that it is a factor, but “during this period especially, price has taken a back seat to the factors {availability, consistency of quality, and long-term relationship}.” II-20 Importance of specified purchase factors Purchasers were asked to rate the importance of 16 factors in their purchasing decisions (table II-7). The factors rated as very important by a large majority of responding purchasers were availability, (45 purchasers), product consistency (44), quality meets industry standards and reliability of supply (43 each), and delivery time (40). At least half of responding purchasers also indicated that price (28), product range (27), delivery terms (26), and quality exceeds industry standards (23) were very important factors. Purchaser responses were somewhat bifurcated with respect to availability of private labeling: 20 indicated it was very important and 15 indicated it was not important. Table II-7 Steel nails: Count of purchasers’ responses regarding importance of purchase factors, by factor Factor Very important Somewhat important Not important Availability 45 1 0 Product consistency 44 2 0 Quality meets industry standards 43 3 0 Reliability of supply 43 3 0 Delivery time 40 5 1 Price 28 17 1 Product range 27 14 4 Delivery terms 26 14 6 Quality exceeds industry standards 23 14 7 Packaging 21 18 7 Technical support/service 21 18 7 Availability of private labeling 20 12 15 Payment terms 16 25 5 U.S. transportation costs 14 21 10 Discounts offered 11 17 18 Minimum quantity requirements 7 16 23 Source: Compiled from data submitted in response to Commission questionnaires. Lead times Steel nails are produced both on a produced-to-order basis and sold from inventory. U.S. producers reported that 55.2 percent of their commercial shipments were produced-to- order, with lead times averaging approximately 55 days. The remaining 44.8 percent of their commercial shipments came from inventories, with lead times averaging 11 days. Importers reported that a slightly higher proportion of their steel nails being sold on a produced-to-order basis; 65.7 percent of their commercial shipments were produced-to-order, with lead times averaging approximately 134 days.35 The remaining 34.3 percent of their commercial shipments came from domestically held inventories, with lead times averaging 7 days. 35 Less than 0.1 percent of shipments were sold from foreign inventories. II-21 Steel nails are typically sold on the spot market. A representative noted that it typically takes orders for nails to be produced within four to six weeks from when the order is taken since the product mix does not change greatly.36 Another representative of the domestic industry agreed, adding that “This is not a long-term booking business… It is very much an order-to-order approach.”37 A representative of Kyocera stated that its longest lead times, in normal times, would be 30 days, but it is more of a “week-to-week ordering process and delivery process going out the door.”38 One reason for this is that firms may not want to book orders too far out for the current market price for steel nails if the price of its main input, wire rod, is rapidly increasing.39 Supplier certification Eighteen of 44 responding purchasers require their suppliers to become certified or qualified to sell steel nails to their firm. Purchasers reported that the time to qualify a new supplier typically ranged from 1 to 180 days. Among the issues purchasers require for certification include: determining usability and quality, reliability of the supply, whether the supplier is willing to participate in a supply agreement, and third party certifications. Seven purchasers reported that a domestic or foreign supplier had failed in its attempt to qualify steel nails, or had lost its approved status since 2019. Suppliers that were disqualified included Astrotech (South Africa), Geekay (India), Gulf Nails (Oman), Inno Steel & Koran Wire (South Korea), Mid Continent (U.S.), Shandex, Sertel (Turkey), Romp (Taiwan), an unspecified supplier in Thailand, and Tuper and Clavos Nacionales (Mexico).40 Minimum quality specifications As can be seen from table II-8, nearly all purchasers reported that domestic producers always or usually meet minimum quality specifications, with equal numbers of purchasers noting that they always meet minimum specification as usually meeting them (17). Most responding purchasers also indicated that subject and nonsubject sources always or usually meet minimum quality specifications, but steel nails from India, Sri Lanka, and Turkey were less frequently noted as always meeting the specifications. 36 Conference transcript, p. 84 (Skarich). 37 Ibid., pp. 84-85 (Stachowiak). 38 Ibid., p. 85 (Faron). 39 Ibid., pp. 87-88 (Stachowiak). 40 One purchaser mentioned Aeigis Industries (with no reported country), however, no firm that produced nails was found with this name. II-22 Table II-8 Steel nails: Count of purchasers’ responses regarding suppliers’ ability to meet minimum quality specifications, by source Source of purchases Always Usually Sometimes Rarely or never Don't Know United States 17 17 0 1 9 India 7 13 1 1 18 Oman 8 7 0 1 24 Sri Lanka 2 7 1 1 30 Thailand 8 9 1 1 22 Turkey 9 15 4 1 14 Nonsubject sources 16 14 0 0 9 Source: Compiled from data submitted in response to Commission questionnaires. Note: Purchasers were asked how often domestically produced or imported steel nails meets minimum quality specifications for their own or their customers’ uses. Forty-two of 46 purchasers reported factors that determined quality. Factors noted by purchasers included: meeting standard certifications (ASTM, ESR, ILC/IC80, and ICC); meeting specifications (correct size, length, diameter, weight, thickness, and count); nail characteristics (straight, will not bend excessively or break, holding power, head weld, shape of head, no flashing under the head, grade of steel, thread quality, coating/finish quality, corrosion resistance, strength, and durability); collated nails running smoothly through gun (correct angle, quality of plastic, paper, or wire used in collation, galvanization does not come off in gun, and work in different types of guns); consistency; packaging (box strength, box graphics, and pallet quality); timely shipping; performance/lack of customer complaints; and manufacturer process. Changes in purchasing patterns Purchasers were asked about changes in their purchasing patterns from different sources since 2019 (table II-9). Twenty-three of 45 responding purchasers reported that they had changed suppliers since January 1, 2019. Purchasers reported increasing purchases of U.S. steel nails because of strong demand, availability, price, and quality.41 Purchasers reported reducing their purchase of U.S. steel nails because of COVID shutdowns, lack of availability, and “direct sourcing.” 41 A number of firms, however, reported supply constraints when purchasing from U.S. producers. II-23 Table II-9 Steel nails: Count of purchasers’ responses regarding changes in purchase patterns from U.S., subject, and nonsubject countries Source of purchases Increased Constant Decreased Fluctuated Did not purchase United States 12 7 5 9 7 India 6 4 4 4 13 Oman 6 2 2 2 19 Sri Lanka 3 2 1 2 24 Thailand 5 2 5 5 13 Turkey 12 5 5 3 6 Nonsubject sources 14 5 5 10 1 Sources unknown 8 3 1 5 10 Source: Compiled from data submitted in response to Commission questionnaires. Purchasers reported increased purchases of Indian nails because of availability, price, and overall demand. Purchasers that noted decreasing relative purchases of steel nails imported from India reported doing so because of quality, supply chain issues, and price. Purchasers reported increasing their purchases of steel nails from Oman because of a wire coil shortage, quality, the closure of a plant in China, and a lack of U.S. steel nails availability, while purchasers decreasing purchases of steel nails from Oman noted doing so because of availability, price, freight costs, and quality. Purchasers did not explain why they increased purchases from Sri Lanka but one purchaser decreasing its purchases from Sri Lanka did so because of freight costs and quality. Purchasers noted increasing purchases from Thailand in order to diversify the supply chain because of inconsistent shipments, increased demand, a “new category strategy,” and “insignificant volumes.” Those purchasers decreasing purchases of imported steel nails from Thailand reported that they did so because of shipping costs, shipping delays, quality, and availability. Firms which increased their purchases of steel nails from Turkey reported making this change because of high demand, logistics, availability (placed orders because U.S. producers were shut down because of the COVID-19 pandemic or U.S. product was not available), price, and a unique green galvanizing process. Purchasers reducing purchases from Turkey decreased them because of a disagreement with the producer, quality, and because better sources became available. On average, purchasers reported contacting two to five suppliers of steel nails although responses varied considerably. *** reported contacting between 7 and 14, 4 and 12, and 12 and 15 suppliers, respectively, whereas *** contacts one at most. Fourteen of 44 responding purchasers noted changes in the number of suppliers they contact since 2019. Nine of the 14 reported some sort of supply issue leading them to seek more suppliers (e.g., limited capacity/unavailable product, shipping delays, scheduling shipments more aggressively), two reported doing so for price reasons, two II-24 reported adding domestic suppliers, and one reported reaching out to potential new suppliers. Purchaser *** stated, “Prior {it} had stable contacts and supply, since then {it has} had to bid and schedule shipments more aggressively. Previously {it} could order as needed." Purchasers reported buying steel nails from as many as 30 sources. On average, they purchase from between four and eight sources. Purchaser *** explained, “There are a lot of suppliers for nails we use. Most we don't use more than a couple times of year but they are all important and part of our supply chain. I'm not sure how many really it could definitely be more than 20. We have always used and reached out to as many as possible, even before pandemic supply chain and shortages.” Fifteen of 45 reported changing the number of suppliers from which they source steel nails since 2019. Purchase factor comparisons of domestic products, subject imports, and nonsubject imports Purchasers were asked a number of questions comparing steel nails produced in the United States, subject countries, and nonsubject countries. First, purchasers were asked for a country-by-country comparison on the same 16 factors (tables II-10) for which they were asked to rate the importance. Most purchasers reported that U.S. and subject steel nails were comparable on most factors. Domestic steel nails were considered inferior to those from India and Oman by a majority of purchasers with respect to availability and availability of private labeling, and by a plurality of purchasers with respect to availability of product from Thailand. Comparing product from the United States to that supplied by Sri Lanka, Thailand, and nonsubject sources, a majority of purchasers reported the domestic availability of private labeling to be inferior. Pluralities of purchasers considered domestic product to be inferior to that from Oman on price, and from nonsubject sources on availability, and superior to nonsubject sources with respect to delivery time. A plurality of purchasers considered U.S. product superior to that imported from India on delivery time. There also were some factor/country comparison combinations in which equal numbers of purchasers considered domestic product to be comparable and superior or inferior to product from other countries: delivery time with respect to Sri Lanka (comparable/inferior), with respect to Oman (superior/inferior), and with respect to Thailand and Turkey (superior/comparable) and availability of private labeling from Turkey (comparable/inferior). Further factor comparisons between subject countries, and between subject and nonsubject countries, are presented in appendix E. II-25 Table II-10 Steel nails: Count of purchasers’ responses comparing U.S.-produced and imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability U.S. vs India 2 6 10 Product consistency U.S. vs India 4 12 1 Quality meets industry standards U.S. vs India 0 17 0 Reliability of supply U.S. vs India 2 8 7 Delivery time U.S. vs India 7 6 4 Price U.S. vs India 1 10 6 Product range U.S. vs India 2 9 6 Delivery terms U.S. vs India 5 9 3 Quality exceeds industry standards U.S. vs India 1 12 1 Packaging U.S. vs India 3 11 3 Technical support/service U.S. vs India 4 11 1 Availability of private labeling U.S. vs India 1 6 10 Payment terms U.S. vs India 3 11 3 U.S. transportation costs U.S. vs India 2 12 2 Discounts offered U.S. vs India 1 11 3 Minimum quantity requirements U.S. vs India 4 12 1 Table continued. Table II-10 Continued Steel nails: Count of purchasers’ responses comparing U.S.-produced and imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability U.S. vs Oman 1 6 9 Product consistency U.S. vs Oman 2 11 3 Quality meets industry standards U.S. vs Oman 1 15 0 Reliability of supply U.S. vs Oman 2 7 6 Delivery time U.S. vs Oman 6 4 6 Price U.S. vs Oman 4 5 6 Product range U.S. vs Oman 1 8 7 Delivery terms U.S. vs Oman 3 8 5 Quality exceeds industry standards U.S. vs Oman 1 14 1 Packaging U.S. vs Oman 1 14 1 Technical support/service U.S. vs Oman 2 10 3 Availability of private labeling U.S. vs Oman 0 6 10 Payment terms U.S. vs Oman 4 10 1 U.S. transportation costs U.S. vs Oman 4 8 3 Discounts offered U.S. vs Oman 0 13 3 Minimum quantity requirements U.S. vs Oman 5 10 1 Table continued. II-26 Table II-10 Continued Steel nails: Count of purchasers’ responses comparing U.S.-produced and imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability U.S. vs Sri Lanka 1 4 3 Product consistency U.S. vs Sri Lanka 0 7 1 Quality meets industry standards U.S. vs Sri Lanka 0 8 0 Reliability of supply U.S. vs Sri Lanka 0 5 3 Delivery time U.S. vs Sri Lanka 2 3 3 Price U.S. vs Sri Lanka 1 5 2 Product range U.S. vs Sri Lanka 1 4 3 Delivery terms U.S. vs Sri Lanka 1 5 2 Quality exceeds industry standards U.S. vs Sri Lanka 0 7 1 Packaging U.S. vs Sri Lanka 0 8 0 Technical support/service U.S. vs Sri Lanka 1 6 1 Availability of private labeling U.S. vs Sri Lanka 0 3 5 Payment terms U.S. vs Sri Lanka 0 7 1 U.S. transportation costs U.S. vs Sri Lanka 0 7 1 Discounts offered U.S. vs Sri Lanka 0 8 0 Minimum quantity requirements U.S. vs Sri Lanka 2 6 0 Table continued. Table II-10 Continued Steel nails: Count of purchasers’ responses comparing U.S.-produced and imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability U.S. vs Thailand 2 8 8 Product consistency U.S. vs Thailand 1 15 1 Quality meets industry standards U.S. vs Thailand 0 17 0 Reliability of supply U.S. vs Thailand 1 10 6 Delivery time U.S. vs Thailand 7 7 3 Price U.S. vs Thailand 1 10 6 Product range U.S. vs Thailand 1 10 6 Delivery terms U.S. vs Thailand 4 11 2 Quality exceeds industry standards U.S. vs Thailand 0 14 1 Packaging U.S. vs Thailand 0 15 2 Technical support/service U.S. vs Thailand 2 13 1 Availability of private labeling U.S. vs Thailand 1 7 9 Payment terms U.S. vs Thailand 1 15 0 U.S. transportation costs U.S. vs Thailand 5 10 1 Discounts offered U.S. vs Thailand 0 14 1 Minimum quantity requirements U.S. vs Thailand 6 11 0 Table continued. II-27 Table II-10 Continued Steel nails: Count of purchasers’ responses comparing U.S.-produced and imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability U.S. vs Turkey 6 11 10 Product consistency U.S. vs Turkey 8 18 0 Quality meets industry standards U.S. vs Turkey 3 23 0 Reliability of supply U.S. vs Turkey 4 13 9 Delivery time U.S. vs Turkey 10 10 6 Price U.S. vs Turkey 2 14 10 Product range U.S. vs Turkey 4 15 7 Delivery terms U.S. vs Turkey 9 14 3 Quality exceeds industry standards U.S. vs Turkey 3 20 0 Packaging U.S. vs Turkey 4 19 3 Technical support/service U.S. vs Turkey 9 15 1 Availability of private labeling U.S. vs Turkey 5 10 10 Payment terms U.S. vs Turkey 5 17 3 U.S. transportation costs U.S. vs Turkey 8 14 2 Discounts offered U.S. vs Turkey 2 18 4 Minimum quantity requirements U.S. vs Turkey 8 18 1 Table continued. Table II-10 Continued Steel nails: Count of purchasers’ responses comparing U.S.-produced and imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability U.S. vs Nonsubject 2 10 13 Product consistency U.S. vs Nonsubject 3 18 3 Quality meets industry standards U.S. vs Nonsubject 1 22 1 Reliability of supply U.S. vs Nonsubject 3 12 8 Delivery time U.S. vs Nonsubject 10 8 6 Price U.S. vs Nonsubject 3 15 6 Product range U.S. vs Nonsubject 0 15 9 Delivery terms U.S. vs Nonsubject 6 13 5 Quality exceeds industry standards U.S. vs Nonsubject 1 19 3 Packaging U.S. vs Nonsubject 1 23 0 Technical support/service U.S. vs Nonsubject 5 15 4 Availability of private labeling U.S. vs Nonsubject 1 9 13 Payment terms U.S. vs Nonsubject 1 20 1 U.S. transportation costs U.S. vs Nonsubject 8 12 2 Discounts offered U.S. vs Nonsubject 2 19 2 Minimum quantity requirements U.S. vs Nonsubject 8 13 2 Source: Compiled from data submitted in response to Commission questionnaires. Note: A rating of superior means that price/U.S. transportation cost is generally lower. For example, if a firm reported “U.S. superior,” it meant that the U.S. product was generally priced lower than the imported product. II-28 Comparison of U.S.-produced and imported steel nails In order to determine whether U.S.-produced steel nails can generally be used in the same applications as imports from India, Oman, Sri Lanka, Thailand, and Turkey, U.S. producers, importers, and purchasers were asked whether the products can always, frequently, sometimes, or never be used interchangeably. As shown in tables II-11, II-12, and II-13, a majority of producers, importers, and purchasers reported that steel nails from all countries are always or frequently interchangeable. Table II-11 Steel nails: Count of U.S. producers reporting the interchangeability between product produced in the United States and in other countries, by country pair Country pair Always Frequently Sometimes Never U.S. vs. India 4 1 1 0 U.S. vs. Oman 4 1 1 0 U.S. vs. Sri Lanka 4 1 1 0 U.S. vs. Thailand 4 1 1 0 U.S. vs. Turkey 5 1 1 0 India vs. Oman 4 1 1 0 India vs. Sri Lanka 4 1 1 0 India vs. Thailand 4 1 1 0 India vs. Turkey 4 1 1 0 Oman vs. Sri Lanka 4 1 1 0 Oman vs. Thailand 4 1 1 0 Oman vs. Turkey 4 1 1 0 Sri Lanka vs. Thailand 4 1 1 0 Sri Lanka vs. Turkey 4 1 1 0 Thailand vs. Turkey 4 1 1 0 U.S. vs. other 4 1 2 0 India vs. other 4 1 2 0 Oman vs. other 4 1 2 0 Sri Lanka vs. other 4 1 2 0 Thailand vs. other 4 1 2 0 Turkey vs. other 4 1 2 0 Source: Compiled from data submitted in response to Commission questionnaires. II-29 Table II-12 Steel nails: Count of importers reporting the interchangeability between product produced in the United States and in other countries, by country pair Country pair Always Frequently Sometimes Never U.S. vs. India 11 7 2 0 U.S. vs. Oman 9 4 1 0 U.S. vs. Sri Lanka 8 3 1 0 U.S. vs. Thailand 9 5 3 0 U.S. vs. Turkey 10 7 2 0 India vs. Oman 8 3 1 0 India vs. Sri Lanka 8 2 1 0 India vs. Thailand 10 4 1 0 India vs. Turkey 10 4 2 0 Oman vs. Sri Lanka 8 2 1 0 Oman vs. Thailand 8 3 1 0 Oman vs. Turkey 8 3 1 0 Sri Lanka vs. Thailand 8 3 1 0 Sri Lanka vs. Turkey 8 3 1 0 Thailand vs. Turkey 9 3 2 0 U.S. vs. other 9 8 3 2 India vs. other 9 4 3 1 Oman vs. other 8 3 2 0 Sri Lanka vs. other 8 3 2 0 Thailand vs. other 8 4 3 1 Turkey vs. other 8 5 3 1 Source: Compiled from data submitted in response to Commission questionnaires. Table II-13 Steel nails: Count of purchasers reporting the interchangeability between product produced in the United States and in other countries, by country pair Country pair Always Frequently Sometimes Never U.S. vs. India 2 1 2 0 U.S. vs. Oman 11 5 2 0 U.S. vs. Sri Lanka 7 3 2 0 U.S. vs. Thailand 11 6 3 0 U.S. vs. Turkey 12 11 5 0 India vs. Oman 7 5 2 0 India vs. Sri Lanka 6 4 1 0 India vs. Thailand 11 5 2 0 India vs. Turkey 9 10 2 0 Oman vs. Sri Lanka 7 3 1 0 Oman vs. Thailand 7 3 2 0 Oman vs. Turkey 6 7 2 0 Sri Lanka vs. Thailand 4 4 2 0 Sri Lanka vs. Turkey 3 6 1 0 Thailand vs. Turkey 10 6 1 0 U.S. vs. other 12 11 3 1 India vs. other 8 7 3 1 Oman vs. other 7 5 2 0 Sri Lanka vs. other 3 3 2 0 Thailand vs. other 9 5 2 1 Turkey vs. other 7 8 3 1 Source: Compiled from data submitted in response to Commission questionnaires. II-30 Responses from importers indicating that steel nails are not always interchangeable reported that issues that may limit interchangeability include: particular or patented designs that are not available from all sources (e.g., steel horseshoe nails), steel nails that do not meet certain certifications are not interchangeable with those that do or simply bad quality nails, specialization in custom branding or private labelling.42 Three purchasers noted quality issues with nails from Turkey and one each noted quality issues with respect to India and the United States can limit interchangeability. Purchaser ***. In addition, U.S. producers, importers, and purchasers were asked to assess how often differences other than price were significant in sales of steel nails from the United States, subject, or nonsubject countries. As seen in tables II-14 to II-16, a majority of U.S. producers reported that there are sometimes factors other than price that are significant. Importer and purchaser responses were more varied. A plurality of importers reported that there were sometimes differences other than price for all country pairs, but more firms reported that there were always or frequently differences other than price between U.S. and Thailand and U.S. and Turkey, as well as for 6 of the 10 subject country pairs. When comparing market factors for U.S. steel nails to those for product from subject and nonsubject countries, similar numbers of purchasers reported that there were either sometimes or always differences between the two. Factors noted by importers and purchasers as important included availability, consistency, delivery reliability, delivery terms, engineering and logistical support, packaging design, product development, product range, quality, and transportation network. 42 Mid Continent stated that it manufactures a small amount of branded/private label steel nails, though it used to produce more. Conference transcript, p. 67 (Skarich). Customers are reportedly more likely to purchase steel nails of the same brand as the steel nail gun they use. Conference transcript, p. 183 (Katanga). II-31 Table II-14 Steel nails: Count of U.S. producers reporting the significance of differences other than price between product produced in the United States and in other countries, by country pair Country pair Always Frequently Sometimes Never U.S. vs. India 0 0 4 0 U.S. vs. Oman 0 0 4 0 U.S. vs. Sri Lanka 0 0 4 0 U.S. vs. Thailand 0 0 4 0 U.S. vs. Turkey 0 1 4 0 India vs. Oman 0 0 4 0 India vs. Sri Lanka 0 0 4 0 India vs. Thailand 0 0 4 0 India vs. Turkey 0 0 4 0 Oman vs. Sri Lanka 0 0 4 0 Oman vs. Thailand 0 0 4 0 Oman vs. Turkey 0 0 4 0 Sri Lanka vs. Thailand 0 0 4 0 Sri Lanka vs. Turkey 0 0 4 0 Thailand vs. Turkey 0 0 4 0 U.S. vs. other 0 0 5 0 India vs. other 0 0 5 0 Oman vs. other 0 0 5 0 Sri Lanka vs. other 0 0 5 0 Thailand vs. other 0 0 5 0 Turkey vs. other 0 0 5 0 Source: Compiled from data submitted in response to Commission questionnaires. Table II-15 Steel nails: Count of importers reporting the significance of differences between product produced in the United States and in other countries, by country pair Country pair Always Frequently Sometimes Never U.S. vs. India 4 4 9 1 U.S. vs. Oman 2 2 7 1 U.S. vs. Sri Lanka 2 1 6 1 U.S. vs. Thailand 4 4 6 1 U.S. vs. Turkey 4 5 8 0 India vs. Oman 3 1 4 2 India vs. Sri Lanka 3 0 4 2 India vs. Thailand 4 2 5 2 India vs. Turkey 4 3 6 1 Oman vs. Sri Lanka 3 0 4 2 Oman vs. Thailand 3 1 4 2 Oman vs. Turkey 3 2 4 1 Sri Lanka vs. Thailand 3 1 4 2 Sri Lanka vs. Turkey 3 2 4 1 Thailand vs. Turkey 3 4 5 1 U.S. vs. other 5 3 9 2 India vs. other 5 1 7 2 Oman vs. other 3 1 5 2 Sri Lanka vs. other 3 1 5 2 Thailand vs. other 4 2 6 2 Turkey vs. other 4 3 7 1 Source: Compiled from data submitted in response to Commission questionnaires. II-32 Table II-16 Steel nails: Count of purchasers reporting the significance of differences between product produced in the United States and in other countries, by country pair Country pair Always Frequently Sometimes Never U.S. vs. India 9 4 7 2 U.S. vs. Oman 8 2 7 0 U.S. vs. Sri Lanka 5 0 6 1 U.S. vs. Thailand 7 4 7 1 U.S. vs. Turkey 10 5 10 2 India vs. Oman 5 1 5 2 India vs. Sri Lanka 4 0 4 4 India vs. Thailand 7 2 6 2 India vs. Turkey 8 2 7 3 Oman vs. Sri Lanka 4 0 4 3 Oman vs. Thailand 5 1 4 2 Oman vs. Turkey 5 1 6 2 Sri Lanka vs. Thailand 3 0 4 2 Sri Lanka vs. Turkey 3 0 4 3 Thailand vs. Turkey 7 3 5 3 U.S. vs. other 12 4 8 3 India vs. other 9 1 6 3 Oman vs. other 5 1 4 3 Sri Lanka vs. other 3 0 3 2 Thailand vs. other 9 2 5 2 Turkey vs. other 9 3 6 2 Source: Compiled from data submitted in response to Commission questionnaires. Elasticity estimates This section discusses elasticity estimates; parties were encouraged to comment on these estimates. Respondents PrimeSource, Metropolitan Staple, and Steel Products Company, and Steel & Wire Northeast commented on the U.S. supply elasticity estimate. II-33 U.S. supply elasticity The domestic supply elasticity for steel nails measures the sensitivity of the quantity supplied by U.S. producers to changes in the U.S. market price of steel nails. The elasticity of domestic supply depends on several factors including the level of excess capacity, the ease with which producers can alter capacity, producers’ ability to shift to/from production of other products, the existence of inventories, availability of experienced labor to some of the largest producers, and the availability of alternate markets for U.S.-produced steel nails. Analysis of these factors above indicates that the U.S. industry has the ability to increase or decrease somewhat its shipments to the U.S. market; an estimate in the range of 1.5 to 5 is suggested and is likely to be in the lower portion of the estimate until more labor, and in particular, experienced labor, is available to produce steel nails. Respondents argue that an elasticity of 0.0 to 0.1 would be more realistic due to the inability of the U.S. industry to increase production.43 U.S. demand elasticity The U.S. demand elasticity for steel nails measures the sensitivity of the overall quantity demanded to a change in the U.S. market price of steel nails. This estimate depends on factors discussed above such as the existence, availability, and commercial viability of substitute products, as well as the component share of the steel nails in the production of any downstream products. Based on the available information, the aggregate demand for steel nails is likely to be highly inelastic; a range of -0.2 to -0.4 is suggested. 43 Respondents PrimeSource, Metropolitan Staple, and Steel Products Company, and Steel & Wire Northeast’s prehearing brief, p. 16. A 0.0 supply elasticity would indicate that domestic shipments would not increase at all in response to an increase in prices, i.e., that a supply curve is vertical, and a 0.1 supply elasticity would indicate that domestic shipments would increase by 1 percent in response to a 10 percent increase in price. II-34 Substitution elasticity The elasticity of substitution depends upon the extent of product differentiation between the domestic and imported products.44 Product differentiation, in turn, depends upon such factors as quality (e.g., chemistry, appearance, etc.) and conditions of sale (e.g., availability, sales terms/discounts/promotions, etc.). Based on available information, the elasticity of substitution between U.S.-produced steel nails and imported steel nails is likely to be in the range of 3 to 5. While most nails are interchangeable, there are some specifications that are only available from certain sources, and supply issues have limited the available product from certain sources. 44 The substitution elasticity measures the responsiveness of the relative U.S. consumption levels of the subject imports and the domestic like products to changes in their relative prices. This reflects how easily purchasers switch from the U.S. product to the subject products (or vice versa) when prices change. III-1 Part III: U.S. producers’ production, shipments, and employment The Commission analyzes a number of factors in making injury determinations (see 19 U.S.C. §§ 1677(7)(B) and 1677(7)(C)). Information on the subsidy and dumping margins was presented in Part I of this report and information on the volume and pricing of imports of the subject merchandise is presented in Part IV and Part V. Information on the other factors specified is presented in this section and/or Part VI and (except as noted) is based on the questionnaire responses of nine firms that accounted for the vast majority of U.S. production of steel nails during 2021. U.S. producers The Commission issued a U.S. producer questionnaire to 12 firms based on information contained in the petitions. Ten firms confirmed production of steel nails in the United States, nine of which provided usable data on their steel nails operations. Staff believes that these responses represent the vast majority of U.S. production of steel nails during 2021.1 Table III-1 lists U.S. producers of steel nails, their production locations, positions on the petitions, and shares of total production. 1 American Fasteners Co. and Tremont Nail Division of Acorn Manufacturing did not respond. Specialty Fastening Systems (“SFS”) confirmed production of steel nails in the United States ***. The firm produced less than *** short tons in each year between 2019 and 2021, and was unable to complete the Commission’s questionnaire. Specialty Fastening Systems *** the petition. Email from ***, August 3, 2022. III-2 Table III-1 Steel nails: U.S. producers, their positions on the petition, production locations, and shares of reported production, 2021 Share in percent Firm Position on petition Production location(s) Share of production ITW *** Pocahontas, AR *** Kyocera *** Cincinnati, Oh *** Legacy *** Poplar Bluff, MO *** MAR-MAC *** McBee, SC Timmonsville, SC Denison, TX *** Maze *** Peru, IL *** Mid Continent Petitioner Poplar Bluff, MO Ontario, CA *** Pneu-fast *** Buffalo Grove, IL *** SFS *** Prairie Grove, AR *** Simpson *** Gallatin, TN *** Tree Island *** San Bernardino, CA *** All firms Various Various *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Table III-2 presents information on U.S. producers’ ownership, related and/or affiliated firms. As indicated in table III-2, no U.S. producers are related to foreign producers of steel nails from subject sources while two U.S. producers, ***, are related to U.S. importers of steel nails from subject sources. In addition, as discussed in greater detail below, U.S. producer *** directly imports steel nails from subject sources. Table III-3 presents U.S. producers’ reported changes in operations since January 1, 2019. III-3 Table III-2 Steel nails: U.S. producers’ ownership, related and/or affiliated firms Reporting firm Relationship type and related firm Details of relationship *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. III-4 Table III-3 Steel nails: U.S. producers’ reported changes in operations, since January 1, 2019 Item Firm name and narrative response on changes in operations Relocations *** Acquisitions *** Revised labor agreements *** Revised labor agreements *** Other *** Other *** Other *** Other *** Source: Compiled from data submitted in response to Commission questionnaires. III-5 U.S. production, capacity, and capacity utilization Table III-4 presents U.S. producers’ overall capacity and production on the same equipment. Production capacity in the United States is dedicated almost exclusively to the production of steel nails. *** is the only producer that reported production of products other than steel nails on shared equipment. U.S. producers reported a modest increase in installed overall capacity used to produce nails, but a steep decline in 2020, and subsequent recovery, in practical capacity. Overall production, in contrast, peaked in 2020, as did capacity utilization. III-6 Table III-4 Steel nails: U.S. producers’ overall capacity and production on the same equipment as subject production, by period Quantity in short tons; ratio and share in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Installed overall capacity Quantity 353,357 352,299 359,767 89,955 92,195 Practical overall capacity Quantity 183,641 150,062 159,588 39,561 42,168 Steel nails production Quantity 120,782 135,410 131,039 34,321 32,481 Other production Quantity *** *** *** *** *** Total production Quantity *** *** *** *** *** Installed overall capacity utilization Ratio *** *** *** *** *** Practical overall capacity utilization Ratio *** *** *** *** *** Steel nails production Share *** *** *** *** *** Other production Share *** *** *** *** *** Total production Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: The Commission instructed producers to provide data as follows: Installed overall production capacity is the level of production that your establishment(s) could have attained, assuming your firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity in some industries. Note: The Commission instructed producers to provide data as follows: Practical overall production capacity is the level of production that your establishment(s) could reasonably have expected to attain, taking into account your firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) your firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited your firm's ability to produce the reported products. Importantly, this capacity measure is the maximum "practical" production your firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. III-7 Table III-5 and figure III-1 present U.S. producers’ steel nail-specific production, capacity, and capacity utilization. U.S. producers’ average capacity decreased by 18.1 percent from 2019 to 2020 and then increased by 5.9 percent from 2020 to 2021, decreasing overall by 13.2 percent between 2019 and 2021. 2 U.S. capacity was 7.2 percent higher in January-March 2022 compared with January-March 2021. U.S. producers’ production increased by 12.1 percent from 2019 to 2020 and then decreased by 3.2 percent from 2020 to 2021, increasing overall by 8.5 percent between 2019 and 2021. U.S. production was 5.4 percent lower in January-March 2022 compared with January-March 2021. Capacity utilization increased by 24.4 percentage points from 2019 to 2020 then decreased by 7.8 percentage points from 2020 to 2021, increasing overall by 16.6 percent between 2019 and 2021. Capacity utilization was 10.2 percentage points lower in January- March 2022 compared with January-March 2021. Table III-5 Steel nails: Firm-by-firm U.S. producers’ average capacity, by period Capacity Capacity in short tons Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** MAR-MAC *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 182,291 149,362 158,238 39,223 42,043 Table continued. 2 ***. Email from ***, July 28, 2022. III-8 Table III-5 Continued Steel nails: Firm-by-firm U.S. producers’ production, by period Production Production in short tons Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** MAR-MAC *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 120,782 135,410 131,039 34,321 32,481 Table continued. Table III-5 Continued Steel nails: Firm-by-firm U.S. producers capacity utilization, by period Capacity utilization Capacity utilization ratios in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** MAR-MAC *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 66.3 90.7 82.8 87.5 77.3 Table continued. III-9 Table III-5 Continued Steel nails: Firm-by-firm share of production, by period Share of production Share in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** MAR-MAC *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Capacity utilization ratio represents the ratio of the U.S. producers’ production to its production capacity. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Figure III-1 Steel nails: U.S. producers’ production, capacity, and capacity utilization, by period Source: Compiled from data submitted in response to Commission questionnaires. 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 100.0 0 20 40 60 80 100 120 140 160 180 200 2019 2020 2021 2021 2022 Calendar year Jan-Mar Ratio (percent) Quantity (1,000 short tons) Capacity (left-axis) Production (left-axis) Capacity utilization (right-axis) III-10 Table III-6 presents U.S. producers’ reported narratives regarding practical production constraints. Table III-6 Steel nails: U.S. producers’ narrative responses regarding practical production constraints, since January 1, 2019 Item Firm name and narrative response on practical production constraints Production bottlenecks *** Production bottlenecks *** Existing labor force *** Existing labor force *** Existing labor force *** Existing labor force *** Existing labor force *** Existing labor force *** Supply of material inputs *** Supply of material inputs *** Supply of material inputs *** Logistics/transportation *** Logistics/transportation *** Other constraints *** Other constraints *** Source: Compiled from data submitted in response to Commission questionnaires. III-11 Steel nails production by type Table III-7 presents data on U.S. producers’ production of steel nails by product type. Collated nails accounted for the majority of total steel nails production between 72.9 percent and 76.7 percent during 2019-21. Bulk nails account for between 23.3 percent and 27.1 percent of total steel nails production during 2019-21. U.S. producers’ production of collated nails increased by 7.0 percent from 2019 to 2020 and then decreased by 3.7 percent from 2020 to 2021, increasing overall by 3.1 percent between 2019 and 2021. U.S. production of collated nails was 16.7 percent lower in January- March 2022 compared with January-March 2021. U.S. producers’ production of bulk nails increased by 28.9 percent from 2019 to 2020 and then decreased by 2.0 percent from 2020 to 2021, increasing overall by 26.4 percent between 2019 and 2021. U.S. production of bulk nails was 36.5 percent higher in January-March 2022 compared with January-March 2021. Table III-7 Steel nails: U.S. producers’ production, by type and period Quantity in short tons; share in percent Production type Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Collated Quantity 92,688 99,184 95,540 27,005 22,493 Bulk Quantity 28,094 36,226 35,499 7,316 9,988 All steel nails Quantity 120,782 135,410 131,039 34,321 32,481 Collated Share 76.7 73.2 72.9 78.7 69.2 Bulk Share 23.3 26.8 27.1 21.3 30.8 All steel nails Share 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers’ U.S. shipments and exports Table III-8 presents U.S. producers’ U.S. shipments, export shipments, and total shipments. In general, nearly all shipments by the U.S. producers were within the United States; exports shipments consistently accounted for less than two percent of total shipments.3 The quantity of U.S. producers’ U.S. shipments increased by 13.7 percent from 2019 to 2020 then decreased by 3.3 percent from 2020 to 2021, increasing overall by 9.9 percent 3 ***. III-12 between 2019 and 2021. The quantity of U.S. producers’ U.S. shipments was 18.1 percent lower in January-March 2022 compared with January-March 2021. The value of U.S. producers’ U.S. shipments increased by 5.1 percent from 2019 to 2020 then increased by 27.3 percent from 2020 to 2021, increasing overall by 33.8 percent between 2019 and 2021. The value of U.S. producers’ U.S. shipments was 25.9 percent higher in January- March 2022 compared with January-March 2021. The unit value of U.S. producers’ U.S. shipments decreased by 7.6 percent from 2019 to 2020 then increased by 31.7 percent from 2020 to 2021, increasing overall by 21.7 percent between 2019 and 2021. The unit value of U.S. producers’ U.S. shipments was 53.7 percent higher in January-March 2022 compared with January-March 2021. There were no transfers to related firms during 2019-21 and January to March 2022 and relatively small amounts of internal consumption *** during 2019-21 and January to March 2022. III-13 Table III-8 Steel nails: U.S. producers’ total shipments, by destination and period Quantity in short tons; value in 1,000 dollars; unit value in dollars per short tons; shares in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. shipments Quantity 120,333 136,855 132,287 35,866 29,383 Export shipments Quantity *** *** *** *** *** Total shipments Quantity *** *** *** *** *** U.S. shipments Value 210,354 221,142 281,503 63,661 80,138 Export shipments Value *** *** *** *** *** Total shipments Value *** *** *** *** *** U.S. shipments Unit value 1,748 1,616 2,128 1,775 2,727 Export shipments Unit value *** *** *** *** *** Total shipments Unit value *** *** *** *** *** U.S. shipments Share of quantity *** *** *** *** *** Export shipments Share of quantity *** *** *** *** *** Total shipments Share of quantity 100.0 100.0 100.0 100.0 100.0 U.S. shipments Share of value *** *** *** *** *** Export shipments Share of value *** *** *** *** *** Total shipments Share of value 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers’ inventories Table III-9 presents U.S. producers’ end-of-period inventories and the ratio of these inventories to U.S. producers’ production, U.S. shipments, and total shipments. U.S. producers’ end-of-period inventories decreased by 13.6 percent from 2019 to 2020 and decreased by 15.2 percent from 2020 to 2021, and overall decrease by 26.8 percent during 2019-21. U.S. producers’ end-of-period inventories were 13.5 percent higher during January-March 2022 compared to January-March 2021. U.S. producers’ inventories were at their highest levels, absolutely and relative to production and shipments, in 2019, and at their lowest absolute and relative levels in 2021. III-14 Table III-9 Steel nails: U.S. producers’ inventories and their ratio to select items, by period Quantity in short tons; ratio in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 End-of-period inventory quantity 21,562 18,626 15,792 16,573 18,817 Inventory ratio to U.S. production 17.9 13.8 12.1 12.1 14.5 Inventory ratio to U.S. shipments 17.9 13.6 11.9 11.6 16.0 Inventory ratio to total shipments *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers’ imports from subject sources U.S. producers’ imports of steel nails are presented in tables III-10 to III-12. One firm (***) reported importing steel nails from subject sources. Two firms (***) are affiliated with U.S. importers of steel nails from subject sources. *** is affiliated with U.S. importer *** while *** is affiliated with U.S. importer ***. *** is also a U.S. importer of steel nails from nonsubject sources. U.S. producers *** reported importing steel nails from nonsubject sources. III-15 Table III-10 Steel nails: ***’s U.S. production, ***’s U.S. imports, and ratio of imports to production, by source and period Quantity in short tons; ratio in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. production Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from subject sources Quantity *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from all subject sources to U.S. production Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: ***. III-16 Table III-11 Steel nails: ***’s U.S. production, ***’s U.S. imports, and ratio of imports to production, by source and period Quantity in short tons; ratio in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. production Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from *** Quantity *** *** *** *** *** Imports from subject sources *** Quantity *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from *** to U.S. production Ratio *** *** *** *** *** Imports from subject sources to U.S. production Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: ***. Table III-12 Steel nails: U.S. producers’ reasons for importing Item Narrative response on reasons for importing ***'s reason for importing *** ***'s reason for importing *** Source: Compiled from data submitted in response to Commission questionnaires. Note: *** and *** imported subject merchandise during period of investigation, as reported in tables III-11 and III-12, respectively, but did not provide reasons for importing. U.S. producers' purchases of imports from subject sources U.S. producers’ purchases of imports from subject sources are presented in tables III-13 to III-15. *** purchased no more than *** percent of all imports from *** during 2019-21. *** reported purchases of imports from *** only in 2021 and interim 2022 (*** percent and *** percent of all imports from ***, respectively) and purchases of imports from *** in 2020 and 2021 (no more than *** percent). III-17 Four U.S. producers reported purchases of steel nails during 2019-21. *** reported purchases from nonsubject sources. ***. *** reported purchases from domestic or other sources. Table III-13 Steel nails: ***’s U.S. production, U.S. purchases of imports from subject sources, by and period Quantity in short tons; ratio in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. production Quantity *** *** *** *** *** U.S. purchases of imports from *** (***) Quantity *** *** *** *** *** Overall U.S. imports from *** Quantity *** *** *** *** *** Producer's purchases to overall imports (***) Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. III-18 Table III-14 Steel nails: ***’s U.S. production, U.S. purchases of imports from subject sources, by period Quantity in short tons; ratio in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. production Quantity *** *** *** *** *** U.S. purchases of imports from *** (***) Quantity *** *** *** *** *** Overall U.S. imports from *** Quantity *** *** *** *** *** Producer's purchases to overall imports (***) Ratio *** *** *** *** *** U.S. purchases of imports from *** (***) Quantity *** *** *** *** *** Overall U.S. imports from *** Quantity *** *** *** *** *** Producer's purchases to overall imports (***) Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Table III-15 Steel nails: U.S. producers’ reasons for purchasing by firm Item Narrative response on reasons for purchasing ***'s reason for purchasing *** Source: Compiled from data submitted in response to Commission questionnaires. Note: *** has purchased imports, as reported in table III-16 but did not provide reasons for purchases. U.S. employment, wages, and productivity Table III-16 shows U.S. producers’ employment-related data. The number of production and related workers (“PRWs”) for U.S. producers decreased by 10.7 percent from 2019 to 2020, then increased from 2020 to 2021 by 3.5 percent, decreasing overall by 7.5 percent between 2019 and 2021 to reach 736 PRWs.4 PRWs were 3.8 percent lower in January-March 2022 than in January-March 2021.5 Hourly wages decreased by 3.0 percent between 2019 to 2020, but then increased by 8.6 percent from 2020 to 2021, increasing overall by 5.3 percent between 2019 and 2021. Hourly wages were 6.8 percent higher in January-March 2022 compared with January-March 2021. Productivity increased by 7.4 percent from 2019 to 2020, and then decreased by 6.6 percent from 2020 to 2021, decreasing overall by 0.3 percent between 2019 to 2021. 4 *** both indicated ***. *** producer questionnaires response, section II-12. 5 ***. III-19 Productivity was 2.3 percent higher in January-March 2022 compared with January-March 2021. Unit labor costs decreased from 2019 to 2020 by 9.7 percent, then increased from 2020 to 2021 by 16.3 percent, increasing overall by 4.9 percent between 2019 and 2021. Unit labor costs were 4.4 percent higher in January-March 2022 compared with January-March 2021. Table III-16 Steel nails: U.S. producers’ employment related information, by period Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Production and related workers (PRWs) (number) 796 711 736 754 725 Total hours worked (1,000 hours) 1,484 1,549 1,605 415 384 Hours worked per PRW (hours) 1,864 2,179 2,181 550 530 Wages paid ($1,000) 24,777 25,075 28,209 7,292 7,206 Hourly wages (dollars per hour) $16.70 $16.19 $17.58 $17.57 $18.77 Productivity (short tons per 1,000 hours) 81.4 87.4 81.6 82.7 84.6 Unit labor costs (dollars per short ton) $205 $185 $215 $212 $222 Source: Compiled from data submitted in response to Commission questionnaires. III-20 Table III-17 presents firm-by-firm U.S. producers’ production related workers. Table III-17 Steel nails: Firm-by-firm U.S. producers’ production related workers (PRWs), by period PRWs in average number Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** MAR-MAC *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 796 711 736 754 725 Table continued. Table III-17 continued Steel nails: Firm-by-firm U.S. producers’ production related workers (PRWs), by period Share of PRWs in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** MAR-MAC *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-1 Part IV: U.S. imports, apparent U.S. consumption, and market shares U.S. importers The Commission issued importer questionnaires to 82 firms believed to be importers of subject steel nails, as well as to all U.S. producers of steel nails.1 The Commission received usable questionnaire responses from 30 companies, representing *** percent of U.S. imports from India, Oman, Sri Lanka, Thailand, and Tukey in 2021 under HTS subheadings 7317.00.55, 7317.00.65, and 7317.00.75.2 Firms responding to the Commission’s questionnaire accounted for the following shares of imports of steel nails by source during 2021, based on official Commerce statistics—India, *** percent; Oman, ***; Sri Lanka, ***; Thailand, ***; Turkey, *** percent, and all other, *** percent. In light of the questionnaire coverage, import data presented in this report are based on official Commerce statistics. Table IV-1 lists all responding U.S. importers of steel nails from India, Oman, Sri Lanka, Thailand, Turkey, and other sources, their locations, and their shares of U.S. imports, in 2021. The largest importers responding to the Commission’s questionnaire were ***. 1 The Commission issued questionnaires to those firms identified in the petitions, along with firms that, based on a review of data from third-party sources, may have accounted for more than one percent of total imports under HTS subheadings 7317.00.55, 7317.00.65, and 7317.00.75 since 2019. 2 Four firms (***) certified that they did not import steel nails from any source since January 1, 2019. IV-2 Table IV-1 Steel nails: U.S. importers, their headquarters, and share of imports within each source, 2021 Share in percent Firm Headquarters India Oman Sri Lanka Thailand Turkey Accent Tomball, TX *** *** *** *** *** Astrotech Chittoor District, AP *** *** *** *** *** BlueLinx Marietta, GA *** *** *** *** *** Boise Cascade Boise, ID *** *** *** *** *** Continental Abington, PA *** *** *** *** *** Crane Point Forest Grove, OR *** *** *** *** *** Deacero Laredo, TX *** *** *** *** *** Fanaco Redmond, WA *** *** *** *** *** Farrier Shelbyville, KY *** *** *** *** *** Fasteners Afloat Baltimore, MD *** *** *** *** *** Geekay Plano, TE *** *** *** *** *** Hillman Cincinnati, OH *** *** *** *** *** Home Depot Atlanta, GA *** *** *** *** *** Huttig St. Louis, MO *** *** *** *** *** Illinois Tool Works Glenview, IL *** *** *** *** *** Kratos Farmers Branch, TX *** *** *** *** *** Kyocera-Senco Cincinnati, OH *** *** *** *** *** Mipad Guaynabo, PR *** *** *** *** *** Metropolitan Springfield, NJ *** *** *** *** *** Oman Fasteners Suhar, Oman *** *** *** *** *** Peace Rolling Meadows, IL *** *** *** *** *** PrimeSource Irving, TX *** *** *** *** *** Shandex Fort Lee, NJ *** *** *** *** *** Simpson Pleasanton, CA *** *** *** *** *** SouthernCarlson Omaha, NE *** *** *** *** *** Southwestern Tampa, FL *** *** *** *** *** Stanley Black & Decker Towson, MD *** *** *** *** *** Tree Island San Bernardino, CA *** *** *** *** *** Trinity Katunayake, WP *** *** *** *** *** Youngwoo Santa Fe Springs, CA *** *** *** *** *** All firms Various *** *** *** *** *** Table continued. IV-3 Table IV-1 Continued Steel nails: U.S. importers, their headquarters, and share of imports within each source, 2021 Share in percent Firm Headquarters Subject sources Nonsubject sources All import sources Accent Tomball, TX *** *** *** Astrotech Chittoor District, AP *** *** *** BlueLinx Marietta, GA *** *** *** Boise Cascade Boise, ID *** *** *** Continental Abington, PA *** *** *** Crane Point Forest Grove, OR *** *** *** Deacero Laredo, TX *** *** *** Fanaco Redmond, WA *** *** *** Farrier Shelbyville, KY *** *** *** Fasteners Afloat Baltimore, MD *** *** *** Geekay Plano, TE *** *** *** Hillman Cincinnati, OH *** *** *** Home Depot Atlanta, GA *** *** *** Huttig St. Louis, MO *** *** *** Illinois Tool Works Glenview, IL *** *** *** Kratos Farmers Branch, TX *** *** *** Kyocera-Senco Cincinnati, OH *** *** *** Mipad Guaynabo, PR *** *** *** Metropolitan Springfield, NJ *** *** *** Oman Fasteners Suhar, Oman *** *** *** Peace Rolling Meadows, IL *** *** *** PrimeSource Irving, TX *** *** *** Shandex Fort Lee, NJ *** *** *** Simpson Pleasanton, CA *** *** *** SouthernCarlson Omaha, NE *** *** *** Southwestern Tampa, FL *** *** *** Stanley Black & Decker Towson, MD *** *** *** Tree Island San Bernardino, CA *** *** *** Trinity Katunayake, WP *** *** *** Youngwoo Santa Fe Springs, CA *** *** *** All firms Various *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-4 U.S. imports Table IV-2 and figure IV-1 present data for U.S. imports of steel nails from India, Oman, Sri Lanka, Thailand, Turkey, and all other sources. The quantity of steel nail imports from the subject countries increased by 3.6 percent from 2019 to 2020 and by 21.2 percent from 2020 to 2021. The quantity of steel nail imports from the subject countries increased overall by 25.6 percent during 2019-21 and was 14.6 percent higher in interim 2022 than in interim 2021.3 The value of steel nails imports from the subject countries decreased by 1.7 percent from 2019 to 2020, then increased by 44.9 percent from 2020 to 2021. The value of steel nail imports from the subject countries increased overall by 42.4 percent during 2019-21 and was 72.8 percent higher in interim 2022 than in interim 2021.4 The quantity of steel nail imports from the nonsubject countries increased by 10.9 percent from 2019 to 2020 and increased by 19.2 percent from 2020 to 2021. The quantity of steel nail imports from the nonsubject countries decreased overall by 32.3 percent during 2019- 21 and was 15.6 percent higher in interim 2022 than in interim 2021. The value of steel nails imports from the nonsubject countries increased by 2.4 percent from 2019 to 2020, but increased by 47.1 percent from 2020 to 2021. The value of steel nail imports from the nonsubject countries increased overall by 50.7 percent during 2019-21 and was 73.3 percent higher in interim 2022 than in interim 2021. Leading nonsubject sources of imports include China, Malaysia, South Korea, and Taiwan,5 as well as Mexico and Canada.6 3 Imports from each subject country were higher in 2021 than in 2019, and higher in interim 2022 than in interim 2021. 4 The quantity of steel nail imports from the subject countries less Sri Lanka increased overall by 26.3 percent during 2019-21 and was 16.7 percent higher in interim 2022 than in interim 2021. The value of steel nails imports from the subject countries less Sri Lanka decreased by 0.8 percent from 2019 to 2020, and increased by 46.9 percent from 2020 to 2021. The value of steel nail imports from the subject countries less Sri Lanka increased overall by 45.8 percent during 2019-21 and was 75.3 percent higher in interim 2022 than in interim 2021. 5 Imports of steel nails from China are subject to antidumping dumping duty order, effective August 4, 2008. Imports of steel nails from Malaysia, South Korea, and Taiwan are subject to antidumping dumping duty orders, effective July 13, 2015. 6 The quantity of steel nail imports from the nonsubject countries plus Sri Lanka increased by 10.7 percent from 2019 to 2020 and increased by 18.8 percent from 2020 to 2021. The quantity of steel nail imports from the nonsubject countries plus Sri Lanka decreased overall by 31.6 percent during 2019-21 and was 14.7 percent higher in interim 2022 than in interim 2021. The value of steel nails imports from the nonsubject countries plus Sri Lanka increased by 1.9 percent from 2019 to 2020, but increased by 46.3 percent from 2020 to 2021. The value of steel nail imports from the nonsubject countries plus Sri Lanka increased overall by 49.1 percent during 2019-21 and was 72.4 percent higher in interim 2022 than in interim 2021. IV-5 Average unit values (“AUVs”) from subject and nonsubject sources increased between 2019 and 2022, by 13.4 percent and 13.9 percent respectively. Subject AUVs were 50.8 percent higher in interim 2022 than in interim 2021 while nonsubject AUVs were 49.9 percent higher.7 Subject imports as a share of total imports decreased by 1.1 percentage points between 2019 and 2021, from 32.6 percent in 2019 to 31.5 percent in 2021 and were 0.2 percentage point lower in interim 2022 than in interim 2021. The ratio of subject imports to U.S. production increased by 29.2 percentage points during 2019-21 and was 39.9 percentage points higher in interim 2022 than in interim 2021.8 7 Average unit values (“AUVs”) from subject sources less Sri Lanka and nonsubject sources plus Sri Lanka increased between 2019 and 2021, by 15.4 percent and 13.3 percent respectively. Subject less Sri Lanka AUVs were 50.2 percent higher in interim 2022 than in interim 2021 while nonsubject plus Sri Lanka AUVs were 50.3 percent higher. 8 Subject imports less Sri Lanka as a share of total imports decreased by 0.8 percentage points between 2019 and 2021, from 28.4 percent in 2019 to 27.6 percent in 2021 and were 0.3 percentage point higher in interim 2022 than in interim 2021. The ratio of subject imports less Sri Lanka to U.S. production increased by 26.5 percentage points during 2019-21 and was 38.5 percentage points higher in interim 2022 than in interim 2021. IV-6 Table IV-2 Steel nails: U.S. imports by source and period Quantity in short tons; value in 1,000 dollars; unit value in dollars per short tons Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 India Quantity 33,690 28,443 41,174 8,356 12,183 Oman Quantity 73,189 72,119 90,554 23,407 23,761 Sri Lanka Quantity 28,746 30,891 34,631 8,170 8,177 Thailand Quantity 40,035 48,715 57,365 10,927 14,196 Turkey Quantity 48,164 51,758 57,320 14,072 16,093 Subject sources Quantity 223,822 231,925 281,044 64,932 74,410 Subject sources less Sri Lanka Quantity 195,077 201,034 246,413 56,763 66,232 Nonsubject sources Quantity 462,687 513,192 611,955 139,922 161,734 Nonsubject sources plus Sri Lanka Quantity 491,433 544,083 646,586 148,092 169,911 All import sources Quantity 686,510 745,117 892,999 204,855 236,144 India Value 39,613 29,313 52,419 8,810 19,827 Oman Value 98,308 93,133 132,805 28,997 43,160 Sri Lanka Value 32,507 29,671 38,432 8,070 12,311 Thailand Value 47,869 59,139 82,479 13,669 25,548 Turkey Value 49,338 51,768 75,044 14,425 26,958 Subject sources Value 267,634 263,024 381,180 73,970 127,803 Subject sources less Sri Lanka Value 235,127 233,353 342,747 65,900 115,492 Nonsubject sources Value 624,765 639,870 941,317 178,280 308,938 Nonsubject sources plus Sri Lanka Value 657,273 669,540 979,749 186,349 321,248 All import sources Value 892,399 902,894 1,322,497 252,250 436,741 India Unit value 1,176 1,031 1,273 1,054 1,627 Oman Unit value 1,343 1,291 1,467 1,239 1,816 Sri Lanka Unit value 1,131 960 1,110 988 1,505 Thailand Unit value 1,196 1,214 1,438 1,251 1,800 Turkey Unit value 1,024 1,000 1,309 1,025 1,675 Subject sources Unit value 1,196 1,134 1,356 1,139 1,718 Subject sources less Sri Lanka Unit value 1,205 1,161 1,391 1,161 1,744 Nonsubject sources Unit value 1,350 1,247 1,538 1,274 1,910 Nonsubject sources plus Sri Lanka Unit value 1,337 1,231 1,515 1,258 1,891 All import sources Unit value 1,300 1,212 1,481 1,231 1,849 Table continued. IV-7 Table IV-2 Continued Steel nails: U.S. imports by source and period Share in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 India Share of quantity 4.9 3.8 4.6 4.1 5.2 Oman Share of quantity 10.7 9.7 10.1 11.4 10.1 Sri Lanka Share of quantity 4.2 4.1 3.9 4.0 3.5 Thailand Share of quantity 5.8 6.5 6.4 5.3 6.0 Turkey Share of quantity 7.0 6.9 6.4 6.9 6.8 Subject sources Share of quantity 32.6 31.1 31.5 31.7 31.5 Subject sources less Sri Lanka Share of quantity 28.4 27.0 27.6 27.7 28.0 Nonsubject sources Share of quantity 67.4 68.9 68.5 68.3 68.5 Nonsubject sources plus Sri Lanka Share of quantity 71.6 73.0 72.4 72.3 72.0 All import sources Share of quantity 100.0 100.0 100.0 100.0 100.0 India Share of value 4.4 3.2 4.0 3.5 4.5 Oman Share of value 11.0 10.3 10.0 11.5 9.9 Sri Lanka Share of value 3.6 3.3 2.9 3.2 2.8 Thailand Share of value 5.4 6.5 6.2 5.4 5.8 Turkey Share of value 5.5 5.7 5.7 5.7 6.2 Subject sources Share of value 30.0 29.1 28.8 29.3 29.3 Subject sources less Sri Lanka Share of value 26.3 25.8 25.9 26.1 26.4 Nonsubject sources Share of value 70.0 70.9 71.2 70.7 70.7 Nonsubject sources plus Sri Lanka Share of value 73.7 74.2 74.1 73.9 73.6 All import sources Share of value 100.0 100.0 100.0 100.0 100.0 Table continued. IV-8 Table IV-2 Continued Steel nails: U.S. imports by source and period Ratios in percent; ratios represent the ratio to U.S. production Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 India Ratio 27.9 21.0 31.4 24.3 37.5 Oman Ratio 60.6 53.3 69.1 68.2 73.2 Sri Lanka Ratio 23.8 22.8 26.4 23.8 25.2 Thailand Ratio 33.1 36.0 43.8 31.8 43.7 Turkey Ratio 39.9 38.2 43.7 41.0 49.5 Subject sources Ratio 185.3 171.3 214.5 189.2 229.1 Subject sources less Sri Lanka Ratio 161.5 148.5 188.0 165.4 203.9 Nonsubject sources Ratio 383.1 379.0 467.0 407.7 497.9 Nonsubject sources plus Sri Lanka Ratio 406.9 401.8 493.4 431.5 523.1 All import sources Ratio 568.4 550.3 681.5 596.9 727.0 Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Value data reflect landed duty-paid values. Note: Share of quantity is the share of the quantity of total U.S. imports; share of value is the share of the value of total U.S. imports; ratio is the ratio of U.S. imports to U.S. producers' U.S. production as reported in Part III. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-9 Figure IV-1 Steel nails: U.S. import quantities and average unit values, by source and period Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Unit value data reflect per short ton landed duty-paid values. 0 500 1,000 1,500 2,000 2,500 0 100 200 300 400 500 600 700 800 900 1,000 2019 2020 2021 2021 2022 Calendar year Jan-Mar Average unit value (dollars per short ton) Quantity (1,000 short tons) Subject quantities (left-axis) Nonsubject quantities (left-axis) Subject AUVs (right-axis) Nonsubject AUVs (right-axis) IV-10 Table IV-3 Steel nails: U.S. imports from nonsubject sources, by source and period Quantity in short tons; value in 1,000 dollars; unit value in dollars per short tons Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Canada Quantity 26,760 39,443 43,096 11,398 9,832 China Quantity 197,664 230,363 284,845 62,583 76,258 Malaysia Quantity 46,281 48,024 39,964 11,594 7,688 Mexico Quantity 30,502 39,769 51,994 12,190 14,556 South Korea Quantity 43,813 44,250 46,781 11,015 14,680 Taiwan Quantity 57,505 42,987 51,944 11,276 12,386 All other sources Quantity 60,162 68,356 93,331 19,865 26,334 Nonsubject sources Quantity 462,687 513,192 611,955 139,922 161,734 Canada Value 42,771 55,255 76,281 17,206 22,815 China Value 257,434 268,385 427,432 75,266 140,637 Malaysia Value 44,712 42,806 44,770 11,375 10,211 Mexico Value 33,275 38,117 56,306 11,898 19,218 South Korea Value 55,375 53,525 80,936 15,212 34,955 Taiwan Value 90,952 67,108 92,485 17,263 27,740 All other sources Value 100,246 114,674 163,106 30,060 53,362 Nonsubject sources Value 624,765 639,870 941,317 178,280 308,938 Canada Unit value 1,598 1,401 1,770 1,510 2,320 China Unit value 1,302 1,165 1,501 1,203 1,844 Malaysia Unit value 966 891 1,120 981 1,328 Mexico Unit value 1,091 958 1,083 976 1,320 South Korea Unit value 1,264 1,210 1,730 1,381 2,381 Taiwan Unit value 1,582 1,561 1,780 1,531 2,240 All other sources Unit value 1,666 1,678 1,748 1,513 2,026 Nonsubject sources Unit value 1,350 1,247 1,538 1,274 1,910 Table continued. IV-11 Table IV-3 Continued Steel nails: U.S. imports from nonsubject sources, by source and period Share and ratio in percent; ratio represented the ratio to U.S. production Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Canada Share of quantity 3.9 5.3 4.8 5.6 4.2 China Share of quantity 28.8 30.9 31.9 30.6 32.3 Malaysia Share of quantity 6.7 6.4 4.5 5.7 3.3 Mexico Share of quantity 4.4 5.3 5.8 6.0 6.2 South Korea Share of quantity 6.4 5.9 5.2 5.4 6.2 Taiwan Share of quantity 8.4 5.8 5.8 5.5 5.2 All other sources Share of quantity 8.8 9.2 10.5 9.7 11.2 Nonsubject sources Share of quantity 67.4 68.9 68.5 68.3 68.5 Canada Share of value 4.8 6.1 5.8 6.8 5.2 China Share of value 28.8 29.7 32.3 29.8 32.2 Malaysia Share of value 5.0 4.7 3.4 4.5 2.3 Mexico Share of value 3.7 4.2 4.3 4.7 4.4 South Korea Share of value 6.2 5.9 6.1 6.0 8.0 Taiwan Share of value 10.2 7.4 7.0 6.8 6.4 All other sources Share of value 11.2 12.7 12.3 11.9 12.2 Nonsubject sources Share of value 70.0 70.9 71.2 70.7 70.7 Table continued. IV-12 Table IV-3 Continued Steel nails: U.S. imports from nonsubject sources, by source and period Share and ratio in percent; ratio represented the ratio to U.S. production Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Canada Ratio 22.2 29.1 32.9 33.2 30.3 China Ratio 163.7 170.1 217.4 182.3 234.8 Malaysia Ratio 38.3 35.5 30.5 33.8 23.7 Mexico Ratio 25.3 29.4 39.7 35.5 44.8 South Korea Ratio 36.3 32.7 35.7 32.1 45.2 Taiwan Ratio 47.6 31.7 39.6 32.9 38.1 All other sources Ratio 49.8 50.5 71.2 57.9 81.1 Nonsubject sources Ratio 383.1 379.0 467.0 407.7 497.9 Source Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Value data reflect landed duty-paid values. Note: Nonsubject countries under current AD orders: (South Korea – 11.80 percent, Malaysia – 2.66 to 39.55 percent, Oman – 9.10 percent, Taiwan – 2.24 percent, and Vietnam 323.99 percent), 80 FR 39994, July 13, 2015) (United Arab Emirates – 2.51 to 184.41), 77 FR 27421, May 10, 2012, China (21.24 to 118.04 percent), 73 FR 44961, August 1, 2008. Note: Share of quantity is the share of the quantity of total U.S. imports as reported in the previous table; share of value is the share of the value of total U.S. imports as reported in the previous table; ratio is the ratio of U.S. imports to U.S. producers' U.S. production as reported in part III. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Table IV-4 presents U.S. imports by producers and/or affiliated firms from 2019-21. The quantity of steel nail imports by producers from the subject countries increased by *** percent from 2019 to 2020 and decreased by *** percent from 2020 to 2021. The quantity of steel nail imports by producers from the subject countries decreased overall by *** percent during 2019- 21 and was *** percent higher in interim 2022 than in interim 2021. The quantity of steel nail imports by producers from the nonsubject countries increased by *** percent from 2019 to 2020 and by *** percent from 2020 to 2021. The quantity of steel nail imports by producers from the nonsubject countries increased overall by *** percent during 2019-21 and was *** percent higher in interim 2022 than in interim 2021. IV-13 Table IV-4 Steel nails: U.S. imports by producers and/or affiliated firms Quantity in short tons; ratio in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 India Quantity *** *** *** *** *** Oman Quantity *** *** *** *** *** Sri Lanka Quantity *** *** *** *** *** Thailand Quantity *** *** *** *** *** Turkey Quantity *** *** *** *** *** Subject sources Quantity *** *** *** *** *** Subject sources less Sri Lanka Quantity *** *** *** *** *** Nonsubject sources Quantity *** *** *** *** *** Nonsubject sources plus Sri Lanka Quantity *** *** *** *** *** All import sources Quantity *** *** *** *** *** India Ratio *** *** *** *** *** Oman Ratio *** *** *** *** *** Sri Lanka Ratio *** *** *** *** *** Thailand Ratio *** *** *** *** *** Turkey Ratio *** *** *** *** *** Subject sources Ratio *** *** *** *** *** Subject sources less Sri Lanka Ratio *** *** *** *** *** Nonsubject sources Ratio *** *** *** *** *** Nonsubject sources plus Sri Lanka Ratio *** *** *** *** *** All import sources Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-14 Negligibility The statute requires that an investigation be terminated without an injury determination if imports of the subject merchandise are found to be negligible.9 Negligible imports are generally defined in the Act, as amended, as imports from a country of merchandise corresponding to a domestic like product where such imports account for less than 3 percent of the volume of all such merchandise imported into the United States in the most recent 12-month period for which data are available that precedes the filing of the petition or the initiation of the investigation. However, if there are imports of such merchandise from a number of countries subject to investigations initiated on the same day that individually account for less than 3 percent of the total volume of the subject merchandise, and if the imports from those countries collectively account for more than 7 percent of the volume of all such merchandise imported into the United States during the applicable 12-month period, then imports from such countries are deemed not to be negligible.10 In the case of countervailing duty investigations involving developing countries (as designated by the United States Trade Representative), the statute indicates that the negligibility limits are 4 percent and 9 percent, rather than 3 percent and 7 percent.11 During December 2020 through November 2021, imports from India accounted 4.67 percent of total imports of steel nails by quantity, imports from Oman 10.23 percent, Sri Lanka 3.95 percent, Thailand 6.48 percent, and Turkey 6.55 percent. Table IV-5 presents the individual shares of total imports by source, during December 2020 through November 2021. Table IV-6 and figure IV-2 present U.S. imports on the basis of 12-month rolling average for January 2020 through May 2022. 9 Sections 703(a)(1), 705(b)(1), 733(a)(1), and 735(b)(1) of the Act (19 U.S.C. §§ 1671b(a)(1), 1671d(b)(1), 1673b(a)(1), and 1673d(b)(1)). 10 Section 771 (24) of the Act (19 U.S.C § 1677(24)). 11 19 U.S.C. § 1677(24)(B). IV-15 Table IV-5 Steel nails: U.S. imports in the twelve-month period preceding the filing of the petition, December 2020 through November 2021 Quantity in short tons; share in percent Source of imports Quantity Share of quantity India (AD and CVD) 40,934 4.67 Oman (CVD) 89,722 10.23 Sri Lanka (CVD) 34,657 3.95 Thailand (AD) refer to note 2 56,843 6.48 Turkey (AD and CVD) 57,465 6.55 Subject sources 279,622 31.89 Nonsubject sources 597,199 68.11 All import sources 876,820 100.00 Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Note 1: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note 2: Commerce issued a final negative determination regarding countervailable subsides for steel nails from Thailand. IV-16 Table IV-6 Steel nails: U.S. imports from Sri Lanka and all sources, 12-month rolling averages for the periods ending January 2020 through June 2022 Quantity in short tons; share in percent Twelve month period ending Quantity for Sri Lanka Quantity for All import sources Share for Sri Lanka Share for all import sources January 2020 29,542 674,623 4.38 100.0 February 2020 30,382 668,630 4.54 100.0 March 2020 30,457 659,959 4.61 100.0 April 2020 30,168 655,750 4.60 100.0 May 2020 29,162 654,569 4.46 100.0 June 2020 28,844 664,194 4.34 100.0 July 2020 29,821 674,069 4.42 100.0 August 2020 29,750 685,186 4.34 100.0 September 2020 30,639 694,566 4.41 100.0 October 2020 30,804 713,482 4.32 100.0 November 2020 30,619 731,022 4.19 100.0 December 2020 30,891 745,117 4.15 100.0 January 2021 31,185 758,173 4.11 100.0 February 2021 30,945 766,116 4.04 100.0 March 2021 31,035 793,026 3.91 100.0 April 2021 31,181 806,155 3.87 100.0 May 2021 31,447 821,399 3.83 100.0 June 2021 32,187 831,180 3.87 100.0 July 2021 32,178 839,227 3.83 100.0 August 2021 33,693 849,211 3.97 100.0 September 2021 33,583 853,043 3.94 100.0 October 2021 34,065 861,050 3.96 100.0 November 2021 34,657 876,820 3.95 100.0 December 2021 34,631 892,999 3.88 100.0 January 2022 34,936 903,057 3.87 100.0 February 2022 34,946 917,224 3.81 100.0 March 2022 34,639 924,288 3.75 100.0 April 2022 35,167 944,642 3.72 100.0 May 2022 38,562 956,511 4.03 100.0 June 2022 38,671 963,397 4.01 100.0 Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. IV-17 Figure IV-2 Steel nails: Share of U.S. imports from Sri Lanka, twelve-month rolling averages for the periods ending January 2020 through June 2022 Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Cumulation considerations In assessing whether imports should be cumulated, the Commission determines whether U.S. imports from the subject countries compete with each other and with the domestic like product and has generally considered four factors: (1) fungibility, (2) presence of sales or offers to sell in the same geographical markets, (3) common or similar channels of distribution, and (4) simultaneous presence in the market. Information regarding channels of distribution, market areas, and interchangeability appear in Part II. Additional information concerning fungibility, geographical markets, and simultaneous presence in the market is presented below. 3.0 3.2 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.8 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June 2020 2021 2022 Share of quantity (percent) Twelve month period ending threshold Sri Lanka Negligibility period IV-18 Fungibility Table IV-7 and figure IV-3 present U.S. producers’ and U.S. importers’ U.S. shipments of steel nails by type. U.S. producers’ U.S. shipments and U.S. importers’ U.S. shipments from each subject source and from nonsubject sources were predominantly collated steel nails. The majority of U.S. producers’ U.S. shipments and U.S. importers’ U.S. shipments of imports from subject sources consisted of collated nails, accounting for 71.2 and *** percent respectively in 2021. The majority of U.S. importers’ U.S. shipments imports from nonsubject sources also consisted of collated steel nails, accounting for *** percent of nonsubject imports. Table IV-8 and figure IV-4 present U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish in 2021. The majority of U.S. producers’ U.S. shipments and U.S. importers U.S. shipments of steel nails from subject sources consisted of bright steel nails, accounting for *** and *** percent respectively in 2021.12 The largest share of U.S. importers’ U.S. shipments of imports from nonsubject sources consisted of galvanized steel nails, accounting for *** percent of such imports. Table IV-7 Steel nails: U.S. producers’ and U.S. importers' U.S. shipments, by source and product type, 2021 Quantity in short tons Source Collated Bulk All types U.S. producers 94,201 38,088 132,289 India *** *** *** Oman *** *** *** Sri Lanka *** *** *** Thailand *** *** *** Turkey *** *** *** Subject sources *** *** *** Nonsubject sources *** *** *** All import sources 442,793 190,408 633,201 All sources 536,994 228,496 765,490 Table continued. 12 Turkey ***. IV-19 Table IV-7 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and product type, 2021 Share across in percent Source Collated Bulk All types U.S. producers 71.2 28.8 100.0 India *** *** *** Oman *** *** *** Sri Lanka *** *** *** Thailand *** *** *** Turkey *** *** *** Subject sources *** *** *** Nonsubject sources *** *** *** All import sources 69.9 30.1 100.0 All sources 70.2 29.8 100.0 Table continued. Table IV-7 Continued Steel nails: U.S. producers’ and U.S. importers' U.S. shipments, by source and product type, 2021 Share down in percent Source Collated Bulk All types U.S. producers 17.5 16.7 17.3 India *** *** *** Oman *** *** *** Sri Lanka *** *** *** Thailand *** *** *** Turkey *** *** *** Subject sources *** *** *** Nonsubject sources *** *** *** All import sources 82.5 83.3 82.7 All sources 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-20 Figure IV-3 Steel nails: U.S. producers’ and U.S. importers' U.S. shipments, by source and product type, 2021 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Table IV-8 Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish, 2021 Quantity in short tons Source Bright Galvanized Other All finishes U.S. producers *** *** *** *** India *** *** *** *** Oman *** *** *** *** Sri Lanka *** *** *** *** Thailand *** *** *** *** Turkey *** *** *** *** Subject sources *** *** *** *** Nonsubject sources *** *** *** *** All import sources *** *** *** *** All sources *** *** *** *** Table continued. IV-21 Table IV-8 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish, 2021 Shares across in percent Source Bright Galvanized Other All finishes U.S. producers *** *** *** *** India *** *** *** *** Oman *** *** *** *** Sri Lanka *** *** *** *** Thailand *** *** *** *** Turkey *** *** *** *** Subject sources *** *** *** *** Nonsubject sources *** *** *** *** All import sources *** *** *** *** All sources *** *** *** *** Table continued. Table IV-8 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish, 2020 Shares down in percent Source Bright Galvanized Other All finishes U.S. producers *** *** *** *** India *** *** *** *** Oman *** *** *** *** Sri Lanka *** *** *** *** Thailand *** *** *** *** Turkey *** *** *** *** Subject sources *** *** *** *** Nonsubject sources *** *** *** *** All import sources *** *** *** *** All sources *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: ***. IV-22 Figure IV-4 Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and by item, 2021 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Geographical markets Table IV-9 presents U.S. imports of steel nails, by source and border of entry in 2021, based on official Commerce statistics. U.S. imports of subject steel nails from India, Oman, Sri Lanka, Thailand, and Turkey entered multiple U.S. ports of entry across the nation. The largest shares of steel nails from India, Sri Lanka, and Thailand, entered through the Western border. The majority of steel nails from Turkey and Oman entered through the Eastern border. IV-23 Table IV-9 Steel nails: U.S. imports by source and border of entry, 2021 Quantity in short tons Source East North South West All borders India 10,150 3,702 11,362 15,960 41,174 Oman 49,614 10,014 21,354 9,571 90,554 Sri Lanka 12,363 2,421 4,697 15,150 34,631 Thailand 14,638 9,631 8,347 24,749 57,365 Turkey 28,450 9,541 16,596 2,733 57,320 Subject sources 115,215 35,309 62,356 68,164 281,044 Nonsubject sources 162,662 128,633 203,903 116,757 611,955 All import sources 277,877 163,942 266,259 184,921 892,999 Table continued. Table IV-9 Continued Steel nails: U.S. imports by source and border of entry, 2021 Share across in percent Source East North South West All borders India 24.7 9.0 27.6 38.8 100.0 Oman 54.8 11.1 23.6 10.6 100.0 Sri Lanka 35.7 7.0 13.6 43.7 100.0 Thailand 25.5 16.8 14.6 43.1 100.0 Turkey 49.6 16.6 29.0 4.8 100.0 Subject sources 41.0 12.6 22.2 24.3 100.0 Nonsubject sources 26.6 21.0 33.3 19.1 100.0 All import sources 31.1 18.4 29.8 20.7 100.0 Table continued. IV-24 Table IV-9 Continued Steel nails: U.S. imports by source and border of entry, 2021 Share down in percent Source East North South West All borders India 3.7 2.3 4.3 8.6 4.6 Oman 17.9 6.1 8.0 5.2 10.1 Sri Lanka 4.4 1.5 1.8 8.2 3.9 Thailand 5.3 5.9 3.1 13.4 6.4 Turkey 10.2 5.8 6.2 1.5 6.4 Subject sources 41.5 21.5 23.4 36.9 31.5 Nonsubject sources 58.5 78.5 76.6 63.1 68.5 All import sources 100.0 100.0 100.0 100.0 100.0 Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Presence in the market Table IV-10 and figures IV-5 and IV-6 present monthly data for U.S. imports of steel nails from subject and nonsubject sources between January 2019 and June 2022. Subject imports of steel nails from India, Oman, Sri Lanka, Thailand, and Turkey were present in each month during this period. IV-25 Table IV-10 Steel nails: Quantity of U.S. imports, by month and source Quantity in short tons Year Month India Oman Sri Lanka Thailand Turkey 2019 January 3,074 9,307 1,993 3,276 3,556 2019 February 2,574 6,210 1,664 3,341 3,294 2019 March 3,565 6,311 2,658 4,787 4,685 2019 April 2,163 7,648 2,803 3,525 4,086 2019 May 2,949 7,640 2,064 3,178 4,147 2019 June 2,840 6,496 1,746 2,631 3,766 2019 July 3,436 6,213 2,503 3,351 4,383 2019 August 2,995 6,765 2,470 3,835 4,810 2019 September 2,507 5,936 2,327 3,154 3,749 2019 October 2,845 3,107 3,052 3,106 4,359 2019 November 3,118 4,866 2,903 2,538 3,501 2019 December 1,624 2,692 2,563 3,313 3,827 2020 January 2,849 3,813 2,789 3,911 3,834 2020 February 2,917 5,240 2,503 3,314 5,032 2020 March 2,540 5,565 2,733 4,428 4,317 2020 April 3,325 5,242 2,515 3,742 4,226 2020 May 1,940 4,913 1,058 3,677 5,115 2020 June 618 6,992 1,427 4,471 4,568 2020 July 1,172 8,036 3,480 3,888 4,129 2020 August 2,369 6,226 2,399 5,312 3,541 2020 September 2,562 6,473 3,216 4,368 4,776 2020 October 2,551 6,878 3,216 3,714 3,901 2020 November 2,572 6,127 2,718 3,771 3,924 2020 December 3,029 6,614 2,835 4,117 4,394 Table continued. IV-26 Table IV-10 Continued Steel nails: Quantity of U.S. imports, by month and source Quantity in short tons Year Month Subject sources Subject sources less Sri Lanka Nonsubject sources Nonsubject sources plus Sri Lanka All import sources 2019 January 21,206 19,213 46,362 48,355 67,568 2019 February 17,082 15,418 39,585 41,249 56,667 2019 March 22,006 19,348 37,256 39,914 59,262 2019 April 20,225 17,422 39,707 42,510 59,932 2019 May 19,978 17,914 42,303 44,367 62,281 2019 June 17,479 15,733 39,541 41,287 57,020 2019 July 19,886 17,383 40,914 43,417 60,800 2019 August 20,875 18,404 39,462 41,932 60,336 2019 September 17,673 15,346 38,547 40,874 56,220 2019 October 16,469 13,417 34,640 37,692 51,109 2019 November 16,926 14,023 29,686 32,589 46,612 2019 December 14,019 11,455 34,684 37,247 48,702 2020 January 17,196 14,406 38,486 41,275 55,682 2020 February 19,007 16,503 31,667 34,170 50,674 2020 March 19,582 16,849 31,009 33,742 50,591 2020 April 19,050 16,535 36,673 39,188 55,723 2020 May 16,704 15,646 44,396 45,454 61,100 2020 June 18,076 16,649 48,569 49,996 66,645 2020 July 20,705 17,225 49,970 53,450 70,675 2020 August 19,848 17,449 51,605 54,004 71,453 2020 September 21,395 18,179 44,206 47,422 65,601 2020 October 20,261 17,045 49,763 52,980 70,024 2020 November 19,113 16,395 45,040 47,758 64,153 2020 December 20,988 18,153 41,809 44,644 62,797 Table continued. IV-27 Table IV-10 Continued Steel nails: Quantity of U.S. imports, by month and source Quantity in short tons Year Month India Oman Sri Lanka Thailand Turkey 2021 January 3,095 8,137 3,084 4,141 4,356 2021 February 2,357 7,052 2,263 2,412 4,600 2021 March 2,905 8,219 2,823 4,375 5,116 2021 April 3,030 7,128 2,662 5,520 4,753 2021 May 3,616 9,315 1,324 6,129 6,738 2021 June 4,249 7,973 2,168 4,406 5,142 2021 July 3,835 7,042 3,470 5,007 4,523 2021 August 2,579 7,603 3,915 5,995 4,461 2021 September 2,064 5,988 3,106 5,646 3,537 2021 October 6,059 7,094 3,698 3,997 5,000 2021 November 4,117 7,556 3,310 5,099 4,843 2021 December 3,268 7,446 2,809 4,639 4,250 2022 January 3,411 7,991 3,389 4,480 5,627 2022 February 3,493 5,857 2,273 4,951 4,868 2022 March 5,280 9,912 2,515 4,765 5,598 2022 April 5,018 10,278 3,190 7,532 5,330 2022 May 4,798 11,091 4,718 6,132 4,587 2022 June 5,175 8,691 2,276 5,647 7,910 Table continued. IV-28 Table IV-10 Continued Steel nails: Quantity of U.S. imports, by month and source Quantity in short tons Year Month Subject sources Subject sources less Sri Lanka Nonsubject sources Nonsubject sources plus Sri Lanka All import sources 2021 January 22,812 19,729 45,925 49,008 68,737 2021 February 18,684 16,420 39,934 42,197 58,617 2021 March 23,436 20,614 54,064 56,887 77,500 2021 April 23,093 20,432 45,759 48,420 68,852 2021 May 27,122 25,798 49,222 50,546 76,344 2021 June 23,939 21,771 52,488 54,656 76,427 2021 July 23,878 20,407 54,844 58,315 78,722 2021 August 24,553 20,639 56,883 60,798 81,437 2021 September 20,342 17,236 49,092 52,197 69,433 2021 October 25,848 22,150 52,183 55,881 78,031 2021 November 24,926 21,616 54,997 58,307 79,923 2021 December 22,411 19,602 56,565 59,373 78,975 2022 January 24,897 21,508 53,898 57,287 78,796 2022 February 21,443 19,170 51,341 53,614 72,784 2022 March 28,069 25,554 56,495 59,010 84,564 2022 April 31,348 28,157 57,859 61,049 89,207 2022 May 31,326 26,608 56,886 61,604 88,212 2022 June 29,699 27,423 53,613 55,890 83,312 Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. IV-29 Figure IV-5 Steel nails: U.S imports from individual subject sources, by source and by month Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. 0 2 4 6 8 10 12 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2019 2020 2021 2022 Quantity (1,000 short tons) India Oman Sri Lanka Thailand Turkey IV-30 Figure IV-6 Steel nails: U.S imports from aggregated subject sources, by source and by month Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Apparent U.S. consumption and market shares Quantity Tables IV-11, IV-12, and figure IV-7 present data on apparent U.S. consumption and U.S. market shares for steel nails. The quantity of apparent U.S. consumption increased by 9.3 percent during 2019-20 and by 16.3 percent during 2020-21, increasing overall by 27.2 percent. Apparent U.S. consumption was 10.3 percent higher in January-March 2022 than in January- March 2021. 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2019 2020 2021 2022 Quantity (1,000 short tons) Subject Nonsubject Subject less Sri Lanka Nonsubject plus Sri Lanka IV-31 Table IV-11 Steel nails: Apparent U.S. consumption and market shares based on quantity, by source and period Quantity in short tons; shares in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Quantity 120,333 136,855 132,287 35,866 29,383 India Quantity 33,690 28,443 41,174 8,356 12,183 Oman Quantity 73,189 72,119 90,554 23,407 23,761 Sri Lanka Quantity 28,746 30,891 34,631 8,170 8,177 Thailand Quantity 40,035 48,715 57,365 10,927 14,196 Turkey Quantity 48,164 51,758 57,320 14,072 16,093 Subject sources Quantity 223,822 231,925 281,044 64,932 74,410 Subject sources less Sri Lanka Quantity 195,077 201,034 246,413 56,763 66,232 Nonsubject sources Quantity 462,687 513,192 611,955 139,922 161,734 Nonsubject sources plus Sri Lanka Quantity 491,433 544,083 646,586 148,092 169,911 All import sources Quantity 686,510 745,117 892,999 204,855 236,144 All sources Quantity 806,843 881,972 1,025,286 240,721 265,527 U.S. producers Share 14.9 15.5 12.9 14.9 11.1 India Share 4.2 3.2 4.0 3.5 4.6 Oman Share 9.1 8.2 8.8 9.7 8.9 Sri Lanka Share 3.6 3.5 3.4 3.4 3.1 Thailand Share 5.0 5.5 5.6 4.5 5.3 Turkey Share 6.0 5.9 5.6 5.8 6.1 Subject sources Share 27.7 26.3 27.4 27.0 28.0 Subject sources less Sri Lanka Share 24.2 22.8 24.0 23.6 24.9 Nonsubject sources Share 57.3 58.2 59.7 58.1 60.9 Nonsubject sources plus Sri Lanka Share 60.9 61.7 63.1 61.5 64.0 All import sources Share 85.1 84.5 87.1 85.1 88.9 All sources Share 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-32 Figure IV-7 Steel nails: Apparent U.S. consumption based on quantity, by source and period Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports values are based on landed duty paid value. 0 200 400 600 800 1,000 1,200 2019 2020 2021 2021 2022 Calendar year Jan-Mar Quantity (1,000 short tons) U.S. producers Subject imports Nonsubject imports IV-33 Table IV-12 Steel nails: Market shares of nonsubject sources based on quantity data, by period Shares in percent Source 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Canada 3.3 4.5 4.2 4.7 3.7 China 24.5 26.1 27.8 26.0 28.7 Malaysia 5.7 5.4 3.9 4.8 2.9 Mexico 3.8 4.5 5.1 5.1 5.5 South Korea 5.4 5.0 4.6 4.6 5.5 Taiwan 7.1 4.9 5.1 4.7 4.7 All other sources 7.5 7.8 9.1 8.3 9.9 Nonsubject sources 57.3 58.2 59.7 58.1 60.9 Source: Calculated from data presented in tables IV-3 and IV-11. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers' data reflect U.S. shipments and other sources are U.S. imports. Value Tables IV-13, IV 14, and figure IV-8 presents data on apparent U.S. consumption and U.S. market shares by value for steel nails. The value of apparent U.S. consumption increased by 2.1 percent during 2019-20 and by 43.2 percent during 2020-21, increasing overall by 46.1 percent. Apparent U.S. consumption was 63.0 percent higher in January-March 2022 than in January- March 2021. IV-34 Table IV-13 Steel nails: Apparent U.S. consumption and market shares based on value, by source and period Value in 1,000 dollars; shares in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Value 210,354 221,142 281,503 63,661 80,138 India Value 39,613 29,313 52,419 8,810 19,827 Oman Value 98,308 93,133 132,805 28,997 43,160 Sri Lanka Value 32,507 29,671 38,432 8,070 12,311 Thailand Value 47,869 59,139 82,479 13,669 25,548 Turkey Value 49,338 51,768 75,044 14,425 26,958 Subject sources Value 267,634 263,024 381,180 73,970 127,803 Subject sources less Sri Lanka Value 235,127 233,353 342,747 65,900 115,492 Nonsubject sources Value 624,765 639,870 941,317 178,280 308,938 Nonsubject sources plus Sri Lanka Value 657,273 669,540 979,749 186,349 321,248 All import sources Value 892,399 902,894 1,322,497 252,250 436,741 All sources Value 1,102,753 1,124,036 1,604,000 315,911 516,879 U.S. producers Share 19.1 19.7 17.6 20.2 15.5 India Share 3.6 2.6 3.3 2.8 3.8 Oman Share 8.9 8.3 8.3 9.2 8.4 Sri Lanka Share 2.9 2.6 2.4 2.6 2.4 Thailand Share 4.3 5.3 5.1 4.3 4.9 Turkey Share 4.5 4.6 4.7 4.6 5.2 Subject sources Share 24.3 23.4 23.8 23.4 24.7 Subject sources less Sri Lanka Share 21.3 20.8 21.4 20.9 22.3 Nonsubject sources Share 56.7 56.9 58.7 56.4 59.8 Nonsubject sources plus Sri Lanka Share 59.6 59.6 61.1 59.0 62.2 All import sources Share 80.9 80.3 82.4 79.8 84.5 All sources Share 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports values are based on landed duty paid value. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. IV-35 Figure IV-8 Steel nails: Apparent U.S. consumption based on value, by source and period Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports values are based on landed duty paid value. Table IV-14 Steel nails: Market shares of nonsubject sources based on value data, by period Shares in percent Source 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Canada 3.9 4.9 4.8 5.4 4.4 China 23.3 23.9 26.6 23.8 27.2 Malaysia 4.1 3.8 2.8 3.6 2.0 Mexico 3.0 3.4 3.5 3.8 3.7 South Korea 5.0 4.8 5.0 4.8 6.8 Taiwan 8.2 6.0 5.8 5.5 5.4 All other sources 9.1 10.2 10.2 9.5 10.3 Nonsubject sources 56.7 56.9 58.7 56.4 59.8 Source: Calculated from data presented in tables IV-3 and IV-13. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers' data reflect U.S. shipments and other sources are U.S. imports. 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2019 2020 2021 2021 2022 Calendar year Jan-Mar Value (1,000 dollars) U.S. producers Subject imports Nonsubject imports IV-36 Monthly apparent consumption Table IV-15 and figure IV-9 presents monthly U.S. apparent consumption based on quantity by source and period. Table IV-15 Steel nails: Monthly apparent U.S. consumption based on quantity data, by source and period Quantity in short tons Year Month U.S. producers Subject sources Nonsubject sources All import sources All sources 2021 January 12,135 22,812 45,925 68,737 80,872 2021 February 10,525 18,684 39,934 58,617 69,142 2021 March 13,204 23,436 54,064 77,500 90,704 2021 April 12,588 23,093 45,759 68,852 81,440 2021 May 11,115 27,122 49,222 76,344 87,459 2021 June 11,312 23,939 52,488 76,427 87,739 2021 July 10,058 23,878 54,844 78,722 88,780 2021 August 10,056 24,553 56,883 81,437 91,493 2021 September 10,273 20,342 49,092 69,433 79,706 2021 October 10,913 25,848 52,183 78,031 88,944 2021 November 10,363 24,926 54,997 79,923 90,286 2021 December 9,741 22,411 56,565 78,975 88,716 2022 January 8,542 24,897 53,898 78,796 87,338 2022 February 8,975 21,443 51,341 72,784 81,759 2022 March 11,866 28,069 56,495 84,564 96,430 2022 April 10,357 31,348 57,859 89,207 99,564 2022 May 11,140 31,326 56,886 88,212 99,352 2022 June 8,106 29,699 53,613 83,312 91,418 Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. U.S. producers' data reflect U.S. shipments and other sources are U.S. imports. IV-37 Table IV-9 Steel nails: Monthly apparent U.S. consumption based on quantity data, by source and period Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed July 14, 2022. Imports are based on the imports for consumption data series. 0 20 40 60 80 100 120 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2021 2022 Quantity (1,000 short tons) U.S. producers Subject sources Nonsubject sources V-1 Part V: Pricing data Factors affecting prices Raw material costs Steel nails are made predominantly of steel wire drawn from wire rod, although they may be made from steel plate or strip.1 U.S. producers’ raw material costs as a share of cost of goods sold increased from *** percent in 2019 to *** percent in 2021, and were higher in January-March (“interim”) 2022 (***) than in the same period in 2020 (***).2 As shown in figure V-1 and presented in table V-1, prices for carbon steel wire rod3 decreased in 2019, remained relatively flat until late 2020,4 and increased through April 2022. Domestic wire rod prices were *** percent higher in March 2022 than in January 2019, and remained at elevated levels slightly below the April 2022 peak in May and June 2022. Figure V-1 Wire rod: Domestic prices for carbon steel wire rod, January 2019-June 2022 * * * * * * * Source: ***, various monthly issues. 1 Petition, p. 7. 2 See Part VI for more information on raw material and other costs. 3 Steel wire rod prices in January 2018 were $*** per short ton, increased in the first half of the year to $*** per short ton, and remained at that level until January 2019. 4 Wire rod became subject to duties under Section 232 of the Trade Expansion Act of 1962, as amended (U.S.C. 1862), in March 2018 and to antidumping and countervailing duty orders in the United States on various countries (which entered into effect between January and May 2018). V-2 Table V-1 Wire rod: Domestic prices for carbon steel wire rod, January 2019-June 2022 Price in dollars per short ton Year Month Price 2019 January *** 2019 February *** 2019 March *** 2019 April *** 2019 May *** 2019 June *** 2019 July *** 2019 August *** 2019 September *** 2019 October *** 2019 November *** 2019 December *** 2020 January *** 2020 February *** 2020 March *** 2020 April *** 2020 May *** 2020 June *** 2020 July *** 2020 August *** 2020 September *** 2020 October *** 2020 November *** 2020 December *** 2021 January *** 2021 February *** 2021 March *** 2021 April *** 2021 May *** 2021 June *** 2021 July *** 2021 August *** 2021 September *** 2021 October *** 2021 November *** 2021 December *** 2022 January *** 2022 February *** 2022 March *** 2022 April *** 2022 May *** 2022 June *** Source: ***, various monthly issues. V-3 All nine U.S. producers and 23 of 28 responding importers reported that raw material costs have increased since January 2019, with the remaining importers indicating that steel nail raw material prices have fluctuated. Slightly more than half of responding purchasers (20 of 37) indicated that raw material costs affected their contract prices for steel nails. In the preliminary phase of these investigations, 6 of 7 responding producers and 19 of 25 responding importers indicated that the imposition of section 232 tariffs increased the raw material prices for steel nails since 2018. Importers also noted that antidumping duties, changes in demand, ocean freight, supply chain issues, and tariffs have increased the price of wire rod. Petitioner Mid Continent stated that it attempted to raise prices by approximately 19 percent after the imposition of the tariffs, but was ultimately unsuccessful.5 Impact of section 232 tariffs on prices U.S. producers, importers, and purchasers were asked to provide information relating to the effect on the steel nails market of the section 232 tariffs on steel products that went into effect in March 2018 on wire rod and in January 2020 on a subset of steel nails.6 Firms’ responses are reported in table V-2. All eight responding producers reported that the cost of wire rod increased, which increased the cost of manufacturing steel nails. Producers *** reported that they could not increase prices to cover the increased costs. Producer *** stated that when the section 232 duties did not apply to nails, as it did not initially, they placed domestic producers of steel nails at a disadvantage. At the staff conference, a witness for petitioner Mid Continent noted that its attempted increase in prices after the tariffs went into effect were ultimately rolled back, as noted in Part II, having lost 30 percent of its sales within the first 60 days, and 60 percent from where they were in the first and second quarter of 2018 by December 2018.7 5 Conference transcript, pp. 15-16 (Pratt). As noted in Part I of this report, Mid Continent is the largest U.S. producer of steel nails. Imported steel nails, however, account for a larger portion of the U.S. market than domestically produced nails. 6 Another factor in the steel nails market related to section 232 duties is that “In early 2020, Section 232 tariffs were applied to certain downstream steel products, including a subset of steel nails. However, the largest importers of steel nails were able to obtain a court injunction against the collection of the Section 232 tariffs, and the imposition of these duties on downstream steel products is under appeal.” Conference transcript, p. 31 (Lutz). For more information on section 232 duties, see Part I. 7 Conference transcript, p. 34 (Lutz) and p. 46 (Skarich). V-4 Table V-2 Steel nails: Count of firms’ responses regard the impact of the section 232 duties, by firm type Item Firm type Yes No Don't Know Impact on U.S. market from section 232 actions U.S. producers 8 0 0 Impact on U.S. market from section 232 actions Importers 27 1 2 Impact on U.S. market from section 232 actions Purchasers 28 1 17 Source: Compiled from data submitted in response to Commission questionnaires. Importers’ and purchasers’ responses focused mainly on the effect of the section 232 tariffs imposed on steel nails. The vast majority of each type of firm (20 of 25 responding importers and 25 of 27 responding purchasers8) reported that the cost or price of steel nails increased due to the section 232 duties. Five purchasers noted that the effect was “instant” or “immediate,” that costs were “directly impacted” or “rose… almost immediately,” or, more specifically, that plastic strip nails “jumped in price immediately.”9 Multiple purchasers reported that the entire 25 percent tariff was passed along through the distribution chain for steel nails. For example, purchaser *** summarized the impact of the section 232 duties as “Hell yes, it had a 25 percent price increase impact. This 25 percent tax was passed on to distribution and subsequently passed to the end user. Unfortunately, the purpose of the tariff was to drive manufacturing steel in the USA which has not happened. It just raised prices to the consumer.” One importer (***), one importer/purchaser (***) and one purchaser (***) noted that it also affected the availability of steel nails. Although the section 232 tariffs were reported by most firms as having an impact on the domestic steel nail market, two purchasers related the section 232 duties to other market factors. *** stated that the COVID-19 pandemic and supply chain issues were more impactful10 and *** stated that the duties “put a strain on domestic suppliers who were not 8 Of the two other responding purchasers, *** stated “tariff increases” and *** responded to the possibility of antidumping duties, not section 232 duties, but noted that its prices have “almost tripled” in the last two years. 9 Purchaser ***. 10 *** also observed: “I remember this was before inflation and Pandemic supply chain issues. Despite that I know costs went up dramatically. This was memorable because our customers flipped out. It was weeks of phone calls explaining to everyone what the tariff was and what the implication was. We passed those cost increases back to our customers. Despite wide initial backlash demand stayed consistent. Nothing really changed except higher prices for everyone as far as I can remember. The big game changer was the pandemic and supply chain issues. Mainly starting in 2021.” V-5 prepared for increase of production due to COVID layoffs and not able to hire enough people, which drove costs up even more.” At the preliminary phase staff conference, a representative of importer SouthernCarlson stated that it has calculated that it is now “required to pay approximately 12 percent more per case of nails when importing from overseas,” although imports from Mexico, which is the country from which Mid Continent imports steel nails, are no longer subject to the section 232 duties, so Mid Continent would not be affected by those import cost increases.11 Importer Deacero, the parent company of Mid Continent reported, “***.” Impact of section 301 tariffs on prices Since imports from nonsubject source China represent a large share of imports of steel nails, U.S. producers, importers, and purchasers were asked to provide information relating to the effect on the steel nails market of the section 301 tariffs on products from China, including steel nails, that went into effect in four tranches in 2018 and 2019. As noted in Part I, 25 percent tariffs went into effect on May 10, 2019, on three 8-digit HTS codes relating to steel nails. Firms’ responses are reported in table V-3. Table V-3 Steel nails: Count of firms’ responses regard the impact of the section 301 duties on China, by firm type Item Firm type Yes No Don't Know Impact on U.S. market from section 301 duties U.S. producers 3 2 2 Impact on U.S. market from section 301 duties Importers 21 4 4 Impact on U.S. market from section 301 duties Purchasers 23 4 19 Source: Compiled from data submitted in response to Commission questionnaires. Note: ***. A large majority of responding importers and purchasers, along with a plurality of producers, noted that there has been an effect on the U.S. market from the imposition of the 25 percent duties on imports of steel nails from China. The most frequent response noted by purchasers was that prices increased. Other purchasers noted that other countries are now producing products that China was previously producing. Some purchasers noted that these 11 Conference transcript, p. 142 (Ippoliti). V-6 increased costs have been passed on to their customers. Importers reported similar issues. Importer *** quantified its price increase: “The inflation of steel nails due to the tariffs have driven the retail cost of steel nails well over 20 percent.” Importer *** described that it believes that China mostly sells staples, pins, and coil roofing nails into the U.S. market. U.S. producer *** stated that the section 301 duties mostly impacted their raw material steel costs. Other producers were unsure of the impact of the section 301 duties in relation to other occurrences in the steel nails market such as COVID-19 measures, container shortages, increases in material costs. Transportation costs to the U.S. market Transportation costs for steel nails shipped from subject countries to the United States averaged 6.2 percent for shipments from India during 2021, 9.9 percent for shipments from Oman, 3.5 percent for shipments from Sri Lanka, 20.8 percent for shipments from Thailand,12 and 20.7 for shipments from Turkey.13 These estimates were derived from official import data and represent the transportation and other charges on imports.14 U.S. inland transportation costs All 9 U.S. producers and 26 of 29 responding importers reported that they typically arrange transportation to their customers. Most U.S. producers reported that their U.S. inland transportation costs ranged from 1.9 to 9.2 percent, averaging 5.6 percent, while most importers reported costs of 0.5 to 10.0 percent, averaging 5.6 percent.15 12 In 2020, however, transport costs were much lower – 9.8 percent – for steel nails from Thailand. 13 The transportation costs for the largest import sources were 26.3 percent for China, 15.3 percent for Taiwan, 21.4 percent for South Korea, 0.9 percent for Canada, 0.7 percent for Mexico, and 15.1 percent for Malaysia. 14 The estimated transportation costs were obtained by subtracting the customs value from the c.i.f. value of the imports for 2021 and then dividing by the customs value based on the HTS statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed July 20, 2022. 15 Firms responding with percentages of zero, 95, or more than 100 were not considered in these computations. V-7 Pricing practices Pricing methods Most responding U.S. producers (5 of 9) and importers (21 of 28) reported setting prices using transaction-by-transaction negotiations, with even more producers (7) and some importers (11) also reporting using price lists (table V-4). Table V-4 Steel nails: Count of U.S. producers’ and importers’ reported price setting methods Method U.S. producers Importers Transaction-by-transaction 5 21 Contract 1 4 Set price list 7 11 Other 1 1 Responding firms 9 28 Source: Compiled from data submitted in response to Commission questionnaires. Note: The sum of responses down may not add up to the total number of responding firms as each firm was instructed to check all applicable price setting methods employed. U.S. producers and importers reported selling a large majority of their steel nails in the spot market although some contract sales were reported. Subject importers had a larger share sold via short-term and annual contracts than U.S. producers, whereas a greater proportion of U.S. producers’ contract sales were for longer terms (table V-5). Table V-5 Steel nails: U.S. producers’ and importers’ shares of commercial U.S. shipments by type of sale, 2021 Share in percent Type of sale U.S. producers Subject importers Long-term contracts *** *** Annual contracts *** *** Short-term contracts *** *** Spot sales *** *** Total 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Because of rounding, figures may not add to the totals shown. U.S. producers *** V-8 ***. Four responding importers reported selling via short-term contracts, and two sell via both annual contracts and long-term contracts. All four responding importers selling via short-term contracts (30-120 days) do not index prices to raw material costs, three of four do not renegotiate prices, and two of three fix only price. Both firms selling via annual and long-term contracts do not index to raw material costs, but allow for price renegotiation. Of these two importers, the only responding importer (***) fixes price. Seven purchasers reported that they purchase product daily, 22 purchase weekly, 16 purchase monthly, and four purchase quarterly. Thirty-five of 46 responding purchasers reported that their purchasing frequency had not changed since 2019. Of the 11 purchasers that had changed frequency, six noted increased demand required more frequent purchases, and three reported changing purchase frequency in order to keep more inventory on hand due to low availability of product or having to place orders farther in advance. Sales terms and discounts A majority of U.S. producers (5 of 9) and importers (18 of 26) typically quote prices on a delivered basis, although 5 producers also quote on an f.o.b. basis.16 Four producers and 10 importers offer quantity discounts, 5 producers and 8 importers offer total volume discounts (in the form of rebates at the end of the year), 1 producer offers discounts on a case-by-case basis, and no discounts are offered by 3 producers and 14 importers. Twenty-eight of 45 responding purchasers noted that purchases involve negotiations with their suppliers. Purchasers reported including price (e.g., total cost, transportation costs), volume, quality, lead times (e.g., availability, timing of production and fulfillment), and/or payment terms. Nine of 11 responding purchasers do not divulge competitors’ prices during negotiations. Price leadership Eighteen purchasers identified various price leaders in the steel nails market; 5 reported there were none currently, while 22 did not list any or reported that the question was not applicable. Nine purchasers reported that Mid Continent was a leader and seven reported that PrimeSource was a leader. Other firms noted included Boise Cascade, Geekay, Home Depot, Huttig, Koki, Kratos, Linc Systems, Paslode, Sertel, and Tree Island. Multiple purchasers noted the large presence of PrimeSource. Purchasers noting leaders at the lower end of the offered prices included Boise Cascade, Huttig, Kratos, Mid Continent, PrimeSource, and Sertel. *** noted that smaller offshore or startup firms such as Karam, 16 One producer reported quoting on both bases. V-9 Metalhouse, MicraGlobal, StoreIt, and Aslanbas are also leaders but are limited in their product range, usually only making high-volume products. Price data The Commission requested U.S. producers and importers to provide quarterly data by customer type for the total quantity and f.o.b. value of the following steel nails products shipped to unrelated U.S. customers during January 2019-March 2022.17 18 Product 1.—Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. Product 2.—Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic- strip collated nails sold to distributors. Product 3.—Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15 degree wire coil collated nails sold to distributors. Product 4.—Nominal 3” x 0.131” (10.25 gauge), stainless steel, ring shank, 20-22 degree plastic-strip collated and uncollated nails sold to distributors. Product 5.—Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to retailers. Product 6.—Nominal 1-1/4” x 0.120” smooth shank galvanized wire welded roofing coil nails sold to retailers. 17 These seven pricing products differ from the four pricing products in the preliminary phase investigations. All four pricing products from the preliminary phase were included, but with customer types specified (distributor, end user, or retailer), plus new galvanized and stainless steel price items to augment the bright price items, based upon suggestions provided by petitioners and respondents. Petitioner’s response to draft questionnaires, p.4 and Respondents PrimeSource, Metropolitan Staple, and Steel Products Company, and Steel & Wire Northeast’s response to draft questionnaires, pp. 4-5. The pricing products from the preliminary phase investigations were as follows: Product 1.—Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails. Product 2.—Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails. Product 3.—Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails. Product 4.—Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15-degree wire coil collated nails. 18 Firms were requested to provide quantity data for products 1-6 in 1,000 nails and for product 7 in short tons. Firms were requested to provide value data in actual dollars for all pricing products. V-10 Product 7.—Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails sold to end users. Six U.S. producers and 19 importers provided usable pricing data for sales of the requested products, although not all firms reported pricing for all products for all quarters.19 Pricing data reported by these firms accounted for approximately 24.3 percent of the value U.S. producers’ U.S. shipments of steel nails, 21.6 percent of the value of U.S. shipments of subject imports from India, 26.7 percent of the value of U.S. shipments of subject imports from Oman, 24.2 percent of the value of U.S. shipments of subject imports from Sri Lanka, 7.1 percent of the value of U.S. shipments of subject imports from Thailand, and 24.0 percent of the value of U.S. shipments of subject imports from Turkey in 2021.20 ***. *** reported that its Product 4 is a “very specialized product and not part of {its} regular collated nail offering,”21 which explains the very low quantities of this product. Price data for products 1-7 are presented in tables V-6 to V-12 and figures V-2 to V-8. Prices for steel nails imported from nonsubject sources are presented in Appendix H. 19 Per-unit pricing data are calculated from total quantity and total value data provided by U.S. producers and importers. The precision and variation of these figures may be affected by rounding, limited quantities, and producer or importer estimates. 20 Pricing coverage is based on the value of U.S. shipments reported in questionnaires. 21 Emphasis included in original submission. V-11 Table V-6 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 1 and margins of underselling/(overselling), by source and quarter Price in dollars per 1,000 nails, quantity in 1,000 nails, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin Oman price Oman quantity Oman margin 2019 Q1 *** *** *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** *** *** Period Sri Lanka price Sri Lanka quantity Sri Lanka margin Thailand price Thailand quantity Thailand margin Turkey price Turkey quantity Turkey margin 2019 Q1 *** *** *** *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 1: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. V-12 Table V-7 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 2 and margins of underselling/(overselling), by source and quarter Price in dollars per 1,000 nails, quantity in 1,000 nails, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin Oman price Oman quantity Oman margin 2019 Q1 *** *** *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** *** *** Period Sri Lanka price Sri Lanka quantity Sri Lanka margin Thailand price Thailand quantity Thailand margin Turkey price Turkey quantity Turkey margin 2019 Q1 *** *** *** -- 0 -- *** *** *** 2019 Q2 *** *** *** -- 0 -- *** *** *** 2019 Q3 *** *** *** -- 0 -- *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** -- 0 -- *** *** *** 2020 Q2 *** *** *** -- 0 -- *** *** *** 2020 Q3 *** *** *** -- 0 -- *** *** *** 2020 Q4 *** *** *** -- 0 -- *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** -- 0 -- *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** -- 0 -- *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 2: Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. V-13 Table V-8 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 3 and margins of underselling/(overselling), by source and quarter Price in dollars per 1,000 nails, quantity in 1,000 nails, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin Oman price Oman quantity Oman margin 2019 Q1 *** *** *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** 2020 Q2 *** *** -- 0 -- *** *** *** 2020 Q3 *** *** -- 0 -- *** *** *** 2020 Q4 *** *** *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** *** *** Period Sri Lanka price Sri Lanka quantity Sri Lanka margin Thailand price Thailand quantity Thailand margin Turkey price Turkey quantity Turkey margin 2019 Q1 *** *** *** *** *** *** *** *** *** 2019 Q2 -- 0 -- *** *** *** -- 0 -- 2019 Q3 *** *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** -- 0 -- 2020 Q3 -- 0 -- *** *** *** -- 0 -- 2020 Q4 -- 0 -- -- 0 -- -- 0 -- 2021 Q1 -- 0 -- *** *** *** -- 0 -- 2021 Q2 -- 0 -- *** *** *** -- 0 -- 2021 Q3 *** *** *** *** *** *** -- 0 -- 2021 Q4 *** *** *** *** *** *** -- 0 -- 2022 Q1 *** *** *** *** *** *** -- 0 -- Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 3: Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15 degree wire coil collated nails sold to distributors. V-14 Table V-9 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 4 and margins of underselling/(overselling), by source and quarter Price in dollars per 1,000 nails, quantity in 1,000 nails, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin Oman price Oman quantity Oman margin 2019 Q1 *** *** -- 0 -- *** *** *** 2019 Q2 *** *** -- 0 -- *** *** *** 2019 Q3 -- 0 -- 0 -- *** *** -- 2019 Q4 *** *** -- 0 -- -- 0 -- 2020 Q1 *** *** -- 0 -- -- 0 -- 2020 Q2 *** *** -- 0 -- *** *** *** 2020 Q3 *** *** -- 0 -- *** *** *** 2020 Q4 *** *** -- 0 -- *** *** *** 2021 Q1 *** *** *** *** *** -- 0 -- 2021 Q2 -- 0 -- 0 -- *** *** -- 2021 Q3 *** *** -- 0 -- *** *** *** 2021 Q4 -- 0 -- 0 -- *** *** -- 2022 Q1 -- 0 -- 0 -- *** *** -- Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 4: Nominal 3” x 0.131” (10.25 gauge), stainless steel, ring shank, 20-22 degree plastic-strip collated and uncollated nails sold to distributors. Note: ***. V-15 Table V-10 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 5 and margins of underselling/(overselling), by source and quarter Price in dollars per 1,000 nails, quantity in 1,000 nails, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin Oman price Oman quantity Oman margin 2019 Q1 *** *** *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** *** *** Period Sri Lanka price Sri Lanka quantity Sri Lanka margin Thailand price Thailand quantity Thailand margin Turkey price Turkey quantity Turkey margin 2019 Q1 *** *** *** *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 5: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to retailers. V-16 Table V-11 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 6 and margins of underselling/(overselling), by source and quarter Price in dollars per 1,000 nails, quantity in 1,000 nails, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin Oman price Oman quantity Oman margin 2019 Q1 -- 0 -- 0 -- -- 0 -- 2019 Q2 -- 0 -- 0 -- -- 0 -- 2019 Q3 -- 0 -- 0 -- -- 0 -- 2019 Q4 -- 0 -- 0 -- -- 0 -- 2020 Q1 -- 0 -- 0 -- -- 0 -- 2020 Q2 -- 0 -- 0 -- *** *** -- 2020 Q3 -- 0 -- 0 -- -- 0 -- 2020 Q4 -- 0 -- 0 -- -- 0 -- 2021 Q1 -- 0 *** *** -- *** *** -- 2021 Q2 -- 0 *** *** -- -- 0 -- 2021 Q3 -- 0 *** *** -- *** *** -- 2021 Q4 -- 0 *** *** -- -- 0 -- 2022 Q1 -- 0 *** *** -- -- 0 -- Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 6: Nominal 1-1/4” x 0.120” smooth shank galvanized wire welded roofing coil nails sold to retailers. V-17 Table V-12 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 7 and margins of underselling/(overselling), by source and quarter Price in dollars per short ton, quantity in short tons, margin in percent. Period U.S. price U.S. quantity India price India quantity India margin 2019 Q1 *** *** -- 0 -- 2019 Q2 *** *** -- 0 -- 2019 Q3 *** *** -- 0 -- 2019 Q4 *** *** -- 0 -- 2020 Q1 *** *** -- 0 -- 2020 Q2 *** *** -- 0 -- 2020 Q3 *** *** -- 0 -- 2020 Q4 *** *** -- 0 -- 2021 Q1 *** *** -- 0 -- 2021 Q2 *** *** -- 0 -- 2021 Q3 *** *** -- 0 -- 2021 Q4 *** *** -- 0 -- 2022 Q1 *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 7: Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails sold to end users. V-18 Figure V-2 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 1, by source and quarter Price of product 1 * * * * * * * Volume of product 1 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 1: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. V-19 Figure V-3 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 2, by source and quarter Price of product 2 * * * * * * * Volume of product 2 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 2: Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. V-20 Figure V-4 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 3, by source and quarter Price of product 3 * * * * * * * Volume of product 3 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 3: Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15 degree wire coil collated nails sold to distributors. V-21 Figure V-5 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 4, by source and quarter Price of product 4 * * * * * * * Volume of product 4 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 4: Nominal 3” x 0.131” (10.25 gauge), stainless steel, ring shank, 20-22 degree plastic-strip collated and uncollated nails sold to distributors. V-22 Figure V-6 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 5, by source and quarter Price of product 5 * * * * * * * Volume of product 5 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 5: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to retailers. V-23 Figure V-7 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 6, by source and quarter Price of product 6 * * * * * * * Volume of product 6 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 6: Nominal 1-1/4” x 0.120” smooth shank galvanized wire welded roofing coil nails sold to retailers. V-24 Figure V-8 steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 7, by source and quarter Price of product 7 * * * * * * * Volume of product 7 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 7: Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails sold to end users. V-25 Price trends In general, prices declined slightly from the first quarter of 2019 through the second quarter of 2020. After that point, however, prices from nearly all sources generally increased through the first quarter of 2022. Table V-13 summarizes the price trends over the entire period, by country and by product. As shown in the tables, domestic price increases ranged from *** percent, while import price increases ranged from *** percent for products imported from India, *** percent for products imported from Oman, *** percent for products imported from Sri Lanka, *** percent for products imported from Thailand, and *** percent for products imported from Turkey. Only *** showed a decrease in price over the period (*** percent).22 22 The pricing for this product in the first quarter was *** and the pricing for the final quarter was ***. The trend in pricing *** was increasing, however. V-26 Table V-13 Steel nails: Summary of price data, by product and source, January 2019-March 2022 Quantity in million nails, price in dollars per 1,000 nails, change in percent Product Source Number of quarters Quantity Low price High price First quarter price Last quarter price Change in price over period Product 1 U.S. 13 *** *** *** *** *** *** Product 1 India 13 *** *** *** *** *** *** Product 1 Oman 13 *** *** *** *** *** *** Product 1 Sri Lanka 13 *** *** *** *** *** *** Product 1 Thailand 12 *** *** *** *** *** *** Product 1 Turkey 13 *** *** *** *** *** *** Product 2 U.S. 13 *** *** *** *** *** *** Product 2 India 13 *** *** *** *** *** *** Product 2 Oman 13 *** *** *** *** *** *** Product 2 Sri Lanka 13 *** *** *** *** *** *** Product 2 Thailand 4 *** *** *** *** *** *** Product 2 Turkey 13 *** *** *** *** *** *** Product 3 U.S. 13 *** *** *** *** *** *** Product 3 India 11 *** *** *** *** *** *** Product 3 Oman 13 *** *** *** *** *** *** Product 3 Sri Lanka 8 *** *** *** *** *** *** Product 3 Thailand 12 *** *** *** *** *** *** Product 3 Turkey 4 *** *** *** *** *** *** Product 4 U.S. 9 *** *** *** *** *** *** Product 4 India 1 *** *** *** *** *** *** Product 4 Oman 10 *** *** *** *** *** *** Product 4 Sri Lanka 0 0 *** *** *** *** *** Product 4 Thailand 0 0 *** *** *** *** *** Product 4 Turkey 0 0 *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Percent change column is percentage change from the first quarter for which data are available in 2018 to the last quarter for which data are available in 2021. V-27 Table V-13 Continued Steel nails: Summary of price data, by product and source, January 2019-March 2022 Quantity in million nails (products 5 and 6) or thousand short tons (product 7), price in dollars per short ton, change in percent Product Source Number of quarters Quantity Low price High price First quarter price Last quarter price Change in price over period Product 5 U.S. 13 *** *** *** *** *** *** Product 5 India 13 *** *** *** *** *** *** Product 5 Oman 13 *** *** *** *** *** *** Product 5 Sri Lanka 13 *** *** *** *** *** *** Product 5 Thailand 13 *** *** *** *** *** *** Product 5 Turkey 13 *** *** *** *** *** *** Product 6 U.S. 0 0 *** *** *** *** *** Product 6 India 5 *** *** *** *** *** *** Product 6 Oman 3 *** *** *** *** *** *** Product 6 Sri Lanka 0 0 *** *** *** *** *** Product 6 Thailand 0 0 *** *** *** *** *** Product 6 Turkey 0 0 *** *** *** *** *** Product 7 U.S. 13 *** *** *** *** *** *** Product 7 India 1 *** *** *** *** *** *** Product 7 Oman 0 0 *** *** *** *** *** Product 7 Sri Lanka 0 0 *** *** *** *** *** Product 7 Thailand 0 0 *** *** *** *** *** Product 7 Turkey 0 0 *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Percent change column is percentage change from the first quarter for which data are available in 2018 to the last quarter for which data are available in 2021. Price comparisons As shown in tables V-14 and V-15, prices for product imported from subject countries were below those for U.S.-produced product in 150 of 242 instances (26.6 billion nails and *** short tons); margins of underselling ranged from 0.2 to 91.9 percent and averaged 16.8 percent. In the remaining 85 instances (6.6 billion nails and *** short tons), prices for product from subject countries were between 0.0 and 35.6 percent above prices for the domestic product and averaged 14.4 percent. Underselling was more frequent in products 1, 2, 3 whereas imports of product 5 oversold domestic product in a majority of instances.23 23 As noted earlier, there were no domestic sales of product 6, domestic supply of product 4 was reportedly of a “very specialized product” not normally sold, and there was only 1 quarter of comparison for product 7 (sold to end users). V-28 Table V-14 Steel nails: Instances of underselling and overselling and the range and average of margins, by product Quantity 1,000 nails or short tons; margin in percent Product Type Number of quarters Quantity (1,000 nails) Quantity (short tons) Average margin Min margin Max margin Product 1 Underselling 48 *** --- *** *** *** Product 2 Underselling 49 *** --- *** *** *** Product 3 Underselling 41 *** --- *** *** *** Product 4 Underselling 7 *** --- *** *** *** Product 5 Underselling 4 *** --- *** *** *** Product 6 Underselling 0 0 --- --- --- --- Product 7 Underselling 1 --- *** *** *** *** Total, all products Underselling 150 26,602,464 *** 16.8 0.2 91.9 Product 1 Overselling 17 *** --- *** *** *** Product 2 Overselling 7 *** --- *** *** *** Product 3 Overselling 7 *** --- *** *** *** Product 4 Overselling 0 0 --- --- --- --- Product 5 Overselling 61 *** --- *** *** *** Product 6 Overselling 0 0 --- --- --- --- Product 7 Overselling 0 --- 0 --- --- --- Total, all products Overselling 92 6,640,837 0 (14.4) (0.0) (35.6) Source: Compiled from data submitted in response to Commission questionnaires. Note: Data include only quarters in which there is a comparison between the U.S. and subject product. Note: Total product data omitting Sri Lanka are as follows: 123 quarters of underselling (*** nails and *** short tons), *** minimum and maximum margins of underselling, and an average margin of underselling of *** percent, along with 68 quarters of overselling (*** nails and *** short tons), *** minimum and maximum margins of underselling, and an average margin of overselling of *** percent. The number of quarters of underselling was greater than the number of quarters of overselling for product imported for four of five subject countries: 34 quarters of underselling vs. 18 quarters of overselling for India, 42 vs. 16 for Oman, 28 vs. 19 for Sri Lanka, and 33 vs. 10 for Turkey. Oman accounted for more than half of the quantities that undersold domestic products (*** nails). For Thailand, there were more quarters of overselling (29) than underselling (13), and the quantity oversold was slightly higher than the quantity undersold as well (*** nails vs. *** nails). With respect to channels of distribution, subject products undersold domestic products in 147 of 178 quarters for sales to distributors, 4 of 65 quarters for product sold to retailers, and 1 of 1 quarter for sales to end users. V-29 Table V-15 Steel nails: Instances of underselling and overselling and the range and average of margins, by source Quantity 1,000 nails or short tons; margin in percent Product Type Number of quarters Quantity (1,000 nails) Quantity (short tons) Average margin Min margin Max margin India Underselling 34 *** *** *** *** *** Oman Underselling 42 *** *** *** *** *** Sri Lanka Underselling 28 *** *** *** *** *** Thailand Underselling 13 *** *** *** *** *** Turkey Underselling 33 *** *** *** *** *** Total, all products Underselling 150 26,602,464 *** 16.8 0.2 91.9 India Overselling 18 *** *** *** *** *** Oman Overselling 16 *** *** *** *** *** Sri Lanka Overselling 19 *** *** *** *** *** Thailand Overselling 29 *** *** *** *** *** Turkey Overselling 10 *** *** *** *** *** Total, all products Overselling 92 6,640,837 *** (14.4) (0.0) (35.6) Source: Compiled from data submitted in response to Commission questionnaires. Note: These data include only quarters in which there is a comparison between the U.S. and subject product. Note: Total product data omitting Sri Lanka are as follows: 122 quarters of underselling (*** nails and *** short tons), *** minimum and maximum margins of underselling, and an average margin of underselling of *** percent, along with 73 quarters of overselling (*** nails and *** short tons), *** minimum and maximum margins of underselling, and an average margin of overselling of *** percent. V-30 Lost sales and lost revenue The Commission requested that U.S. producers of steel nails report purchasers with which they experienced instances of lost sales or revenue due to competition from imports of steel nails from subject sources since 2019. Of the eight responding U.S. producers, six reported that they had to reduce prices, and three reported they had to roll back announced price increases. Six of eight responding firms reported that they had lost sales. In the preliminary phase of these investigations, one U.S. producer submitted lost sales and lost revenue allegations. That U.S. producer identified 10 firms with which they lost sales or revenue (9 consisting lost sales allegations, 1 consisting of both lost sales and lost revenue allegations). All of the allegations occurred in 2019 and 2020 and covered all subject countries.24 Counsel for respondents argue that no sales could be lost if there was no available capacity to produce additional steel nails.25 Staff contacted 122 purchasers and received responses from 49 purchasers.26 Responding purchasers reported purchasing 163 thousand short tons of steel nails during January 2019-March 2022 from domestic producers, 287 thousand short tons from subject sources, and 1.2 million short tons from all other, including unknown, sources (table V-16). During 2021, responding purchasers sourced 9.0 percent of their purchases from U.S. producers, 18.2 percent from subject sources (2.7 percent from India, 2.2 percent from Oman, 0.7 percent from Sri Lanka, 6.7 percent from Thailand, and 5.8 percent from Turkey), 62.8 percent from known nonsubject countries, and 10.5 percent from unknown sources.27 Among purchasers’ responses regarding domestic supplies, nine reported that their desired purchases from domestic sources was constrained, were not able to buy from domestic producers, or bought as much (from Mid Continent) as it would sell to them. One purchaser, ***, increased its domestic purchases because Mid Continent “offered more material.”28 24 In the petition, 266 lost sale allegations and 468 lost revenue allegations were submitted with respect to individual SKUs, all of which occurred in 2019 and 2020. In its prehearing brief, Mid Continent submitted *** additional lost sale and *** additionally lost revenue allegations for 2021 (which were dated before the filing of the petition) in addition to *** additional lost sale and *** additionally lost revenue allegations occurring in 2022. Petitioner’s prehearing brief, exh. 4. 25 Respondents PrimeSource, Metropolitan Staple, and Steel Products Company, and Steel & Wire Northeast’s prehearing brief, p. 2. 26 All six purchasers that submitted a Lost Sales/Lost Revenue Survey also provided a response to the Commission’s Purchasers’ Questionnaire in the final phase of these investigations. Three firms reported that since January 1, 2019 they had not purchased steel nails, or imported steel nails for their own use or retail sale. 27 Data include purchasers’ purchases and imports, but do not include data for ***. 28 For more information regarding general changes in purchasing patterns and supply constraints, see Part II. V-31 Table V-16 Steel nails: Purchasers’ reported purchases and imports, by firm and source Quantity in short tons, share in percent Purchaser Domestic quantity Subject quantity All other quantity Change in domestic share Change in subject country share *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table continued on next page. V-32 Table V-16 Continued Steel nails: Purchasers’ reported purchases and imports, by firm and source Quantity in short tons, share in percent Purchaser Domestic quantity Subject quantity All other quantity Change in domestic share Change in subject country share *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** All firms 162,782 287,120 1,162,725 (1.5) 2.1 Source: Compiled from data submitted in response to Commission questionnaires. Note: All other includes all other sources and unknown sources. Change is the percentage point change in the share of the firm’s total purchases of domestic and/or subject country imports between first and last years. Note: Purchaser *** was unable to provide estimates by weight but submitted purchase values instead. Purchaser *** was unable to provide estimates of total purchases in general. V-33 Since 2019, 29 of 42 responding purchasers had bought imported steel nails from subject countries instead of U.S.-produced product (table V-17). Twenty-three of 29 responding purchasers reported that subject import prices from at least one country were lower than U.S.- produced product. Eight of 25 responding purchasers indicated that lower prices from at least one subject source was a primary reason for purchasing from that source.29 These purchasers estimated the quantity of steel nails purchased from subject countries instead of domestic product to be *** (table V-18). ***. Purchasers identified certain products not being produced domestically, domestic product availability or capacity issues, domestic shipping and delivery times, and the unwillingness of domestic producers to supply a private label product as non- price reasons for purchasing imported rather than U.S.-produced product. None of the 14 responding purchasers reported that U.S. producers had reduced prices in order to compete with lower-priced imports from any subject country.30 29 Four of the 29 purchasers that purchased subject imports instead of domestic product did not respond to this question. 30 All other purchasers responding to this question indicated “don’t know.” V-34 Table V-17 Steel nails: Purchasers’ responses to purchasing subject imports instead of domestic product, by firm Quantity in short tons Purchaser Purchased subject imports instead of domestic Imports priced lower Choice based on price Quantity Explanation *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table continued on next page. V-35 Table V-17 Continued Steel nails: Purchasers’ responses to purchasing subject imports instead of domestic product, by firm Quantity in short tons Purchaser Purchased subject imports instead of domestic Imports priced lower Choice based on price Quantity Explanation *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table continued on next page. V-36 Table V-17 Continued Steel nails: Purchasers’ responses to purchasing subject imports instead of domestic product, by firm Quantity in short tons Purchaser Purchased subject imports instead of domestic Imports priced lower Choice based on price Quantity Explanation *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table continued on next page. V-37 Table V-17 Continued Steel nails: Purchasers’ responses to purchasing subject imports instead of domestic product, by firm Quantity in short tons Purchaser Purchased subject imports instead of domestic Imports priced lower Choice based on price Quantity Explanation *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** All firms Yes--29; No--13 Yes--23; No--6 Yes--8; No--18 *** NA Source: Compiled from data submitted in response to Commission questionnaires. V-38 Table V-18 Steel nails: Purchasers’ responses to purchasing subject imports instead of domestic product, by source Count in number of firms; quantity in short tons Source Count of firms reporting that imports were priced lower 2019 Count of firms reporting that imports were priced lower 2020 Count of firms reporting that imports were priced lower 2021 Count of firms reporting that imports were priced lower 2022 (Jan-Mar) Count of firms reporting that subject price was not lower Count of firms reporting that price was a primary reason for shift Quantity India 10 9 7 5 14 2 *** Oman 6 7 6 5 18 1 *** Sri Lanka 4 2 3 1 19 2 *** Thailand 11 8 8 8 15 4 *** Turkey 16 15 13 11 11 3 *** Any subject source 22 21 17 15 10 6 *** Source: Compiled from data submitted in response to Commission questionnaires. VI-1 Part VI: Financial experience of U.S. producers Background1 Nine U.S. producers (ITW, Kyocera, Legacy, Mar-Mac, Maze, Mid Continent, Pneu-fast, Simpson, and Tree Island) provided usable financial results on their steel nails operations. *** responding U.S. producers reported financial data on the basis of GAAP and ***.2 3 Figure VI-1 presents each responding firm’s share of the total reported net sales quantity in 2021. 1 The following abbreviations may be used in the tables and/or text of this section: generally accepted accounting principles (“GAAP”), fiscal year (“FY”), net sales (“NS”), cost of goods sold (“COGS”), selling, general, and administrative expenses (“SG&A expenses”), average unit values (“AUVs”), research and development expenses (“R&D expenses”), and return on assets (“ROA”). 2 ***. U.S. producers’ questionnaire response, section III-2. 3 Staff conducted a verification of *** U.S. producers’ questionnaire data. Changes from the verification are incorporated within the report. VI-2 Figure VI-1 Steel nails: Share of net sales quantity in 2021, by firm * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Operations on steel nails Table VI-1 presents aggregated data on U.S. producers’ operations in relation to steel nails, while table VI-2 presents corresponding changes in AUVs. Table VI-3 presents selected firm-specific financial data. VI-3 Table VI-1 Steel nails: Results of operations of U.S. producers, by item and period Quantity in short tons; value in 1,000 dollars; ratios in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Total net sales Quantity 121,487 138,264 133,731 36,429 29,723 Total net sales Value 214,984 226,645 288,235 65,531 82,171 COGS: Raw materials Value 110,876 115,220 152,075 34,375 42,611 COGS: Direct labor Value 24,224 25,542 27,462 7,147 7,299 COGS: Other factory Value 42,009 43,444 37,806 9,096 10,419 COGS: Less steel scrap revenue Value 1,004 1,150 2,143 566 606 COGS: Total Value 176,105 183,056 215,200 50,052 59,723 Gross profit or (loss) Value 38,879 43,589 73,035 15,479 22,448 SG&A expenses Value 26,793 25,300 28,664 6,531 7,411 Operating income or (loss) Value 12,086 18,289 44,371 8,948 15,037 Other expense or (income), net Value (545) (569) (599) (476) (258) Net income or (loss) Value 12,631 18,858 44,970 9,424 15,295 Depreciation/amortization Value 5,974 6,281 5,753 1,456 1,326 Cash flow Value 18,605 25,139 50,723 10,880 16,621 COGS: Raw materials Ratio to NS 51.6 50.8 52.8 52.5 51.9 COGS: Direct labor Ratio to NS 11.3 11.3 9.5 10.9 8.9 COGS: Other factory Ratio to NS 19.5 19.2 13.1 13.9 12.7 COGS: Less steel scrap revenue Ratio to NS 0.5 0.5 0.7 0.9 0.7 COGS: Total Ratio to NS 81.9 80.8 74.7 76.4 72.7 Gross profit Ratio to NS 18.1 19.2 25.3 23.6 27.3 SG&A expense Ratio to NS 12.5 11.2 9.9 10.0 9.0 Operating income or (loss) Ratio to NS 5.6 8.1 15.4 13.7 18.3 Net income or (loss) Ratio to NS 5.9 8.3 15.6 14.4 18.6 Table continued on next page. VI-4 Table VI-1 Continued Steel nails: Results of operations of U.S. producers, by item and period Shares in percent; unit values in dollars per short ton; count in number of firms reporting Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 COGS: Raw materials Share 62.6 62.5 70.0 67.9 70.6 COGS: Direct labor Share 13.7 13.9 12.6 14.1 12.1 COGS: Other factory Share 23.7 23.6 17.4 18.0 17.3 COGS: Total Share 100.0 100.0 100.0 100.0 100.0 Total net sales Unit value 1,770 1,639 2,155 1,799 2,765 COGS: Raw materials Unit value 913 833 1,137 944 1,434 COGS: Direct labor Unit value 199 185 205 196 246 COGS: Other factory Unit value 346 314 283 250 351 COGS: Less steel scrap revenue Unit value 8 8 16 16 20 COGS: Total Unit value 1,450 1,324 1,609 1,374 2,009 Gross profit or (loss) Unit value 320 315 546 425 755 SG&A expenses Unit value 221 183 214 179 249 Operating income or (loss) Unit value 99 132 332 246 506 Net income or (loss) Unit value 104 136 336 259 515 Operating losses Count *** *** *** *** *** Net losses Count *** *** *** *** *** Data Count 9 9 9 9 9 Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares represent the share of COGS before the steel scrap revenue offset. ***. VI-5 Table VI-2 Steel nails: Changes in AUVs between comparison periods Changes in percent Item 2019-21 2019-20 2020-21 Jan-Mar 2021-22 Total net sales ▲21.8 ▼(7.4) ▲31.5 ▲53.7 COGS: Raw materials ▲24.6 ▼(8.7) ▲36.5 ▲51.9 COGS: Direct labor ▲3.0 ▼(7.4) ▲11.2 ▲25.2 COGS: Other factory ▼(18.2) ▼(9.1) ▼(10.0) ▲40.4 COGS: Less steel scrap revenue ▲93.9 ▲0.6 ▲92.7 ▲31.2 COGS: Total ▲11.0 ▼(8.7) ▲21.5 ▲46.2 Table continued. Table VI-2 Continued Steel nails: Changes in AUVs between comparison periods Changes in dollars per short ton Item 2019-21 2019-20 2020-21 Jan-Mar 2021-22 Total net sales ▲385.7 ▼(130.4) ▲516.1 ▲965.7 COGS: Raw materials ▲224.5 ▼(79.3) ▲303.8 ▲490.0 COGS: Direct labor ▲6.0 ▼(14.7) ▲20.6 ▲49.4 COGS: Other factory ▼(63.1) ▼(31.6) ▼(31.5) ▲100.8 COGS: Less steel scrap revenue ▲7.8 ▲0.1 ▲7.7 ▲4.9 COGS: Total ▲159.6 ▼(125.6) ▲285.2 ▲635.4 Gross profit or (loss) ▲226.1 ▼(4.8) ▲230.9 ▲330.3 SG&A expense ▼(6.2) ▼(37.6) ▲31.4 ▲70.1 Operating income or (loss) ▲232.3 ▲32.8 ▲199.5 ▲260.3 Net income or (loss) ▲232.3 ▲32.4 ▲199.9 ▲255.9 Source: Compiled from data submitted in response to Commission questionnaires. Note: Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. VI-6 Table VI-3 Steel nails: Firm-by-firm total net sales quantity, by period Net sales quantity Quantity in short tons Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 121,487 138,264 133,731 36,429 29,723 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm total net sales value, by period Net sales value Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 214,984 226,645 288,235 65,531 82,171 Table continued on next page. VI-7 Table VI-3 Continued Steel nails: Firm-by-firm cost of goods sold (“COGS”), by period COGS Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 176,105 183,056 215,200 50,052 59,723 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm gross profit or (loss), by period Gross profit or (loss) Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 38,879 43,589 73,035 15,479 22,448 Table continued on next page. VI-8 Table VI-3 Continued Steel nails: Firm-by-firm selling, general, and administrative (“SG&A”) expenses, by period SG&A expenses Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 26,793 25,300 28,664 6,531 7,411 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm operating income or (loss), by period Operating income or (loss) Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 12,086 18,289 44,371 8,948 15,037 Table continued on next page. VI-9 Table VI-3 Continued Steel nails: Firm-by-firm net income or (loss), by period Net income or (loss) Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 12,631 18,858 44,970 9,424 15,295 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm ratio of COGS to net sales value, by period COGS to net sales ratio Ratios in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 81.9 80.8 74.7 76.4 72.7 Table continued on next page. VI-10 Table VI-3 Continued Steel nails: Firm-by-firm ratio of gross profit or (loss) to net sales value, by period Gross profit or (loss) to net sales ratio Ratios in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 18.1 19.2 25.3 23.6 27.3 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm ratio of SG&A expenses to net sales value, by period SG&A expenses to net sales ratio Ratios in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 12.5 11.2 9.9 10.0 9.0 Table continued on next page. VI-11 Table VI-3 Continued Steel nails: Firm-by-firm ratio of operating income or (loss) to net sales value, by period Operating income or (loss) to net sales ratio Ratios in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 5.6 8.1 15.4 13.7 18.3 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm ratio of net income or (loss) to net sales value, by period Net income or (loss) to net sales ratio Ratios in percent Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 5.9 8.3 15.6 14.4 18.6 Table continued on next page. VI-12 Table VI-3 Continued Steel nails: Firm-by-firm unit net sales value, by period Unit net sales value Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 1,770 1,639 2,155 1,799 2,765 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm unit raw material cost, by period Unit raw material costs Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 913 833 1,137 944 1,434 Table continued on next page. VI-13 Table VI-3 Continued Steel nails: Firm-by-firm unit direct labor cost, by period Unit direct labor costs Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 199 185 205 196 246 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm unit other factory costs, by period Unit other factory costs categories Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 346 314 283 250 351 Table continued on next page. VI-14 Table VI-3 Continued Steel nails: Firm-by-firm unit steel scrap by-product revenue, by period Unit steel scrap by-product revenue Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 8 8 16 16 20 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm unit COGS, by period Unit COGS Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 1,450 1,324 1,609 1,374 2,009 Table continued on next page. VI-15 Table VI-3 Continued Steel nails: Firm-by-firm unit gross profit or (loss), by period Unit gross profit or (loss) Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 320 315 546 425 755 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm unit SG&A expenses, by period Unit SG&A expenses Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 221 183 214 179 249 Table continued on next page. VI-16 Table VI-3 Continued Steel nails: Firm-by-firm unit operating income or (loss), by period Unit operating income or (loss) Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 99 132 332 246 506 Table continued. Table VI-3 Continued Steel nails: Firm-by-firm unit net income or (loss), by period Unit net income or (loss) Unit values in dollars per short ton Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 104 136 336 259 515 Source: Compiled from data submitted in response to Commission questionnaires. VI-17 Net sales Total revenue consists mainly of commercials sales, with a small amount of internal consumption and transfers to related firms. In 2021, internal consumption and transfers to related firms accounted for *** percent and *** percent of total revenue, respectively. Transfers to related firms and internal consumption are included in the financial data, but not shown separately in this section of the report. 4 As shown in table VI-1, total net sales quantity increased by 13.8 percent from 2019 to 2020 before declining by 3.3 percent in 2021, and overall increased by 10.1 percent between 2019 and 2021. Net sales quantity was 18.4 percent lower in interim 2022 compared with interim 2021. ***, although *** firms also reported lower sales in interim 2022 compared with interim 2021.5 Total net sales value increased at a higher rate of 34.1 percent from 2019 to 2021 and, despite the lower level of sales quantity in 2021 and interim 2022, sales value increased by 27.2 percent from 2020 to 2021 and was 25.4 percent higher in interim 2022 compared with interim 2021. The majority of U.S. producers attributed the increase in sales value to the increase in raw material costs in 2021 and 2022.6 As shown in 4 *** was the *** U.S. producer to report transfers to related firms. ***’s transfers are sales to the firm’s ***. Email from ***, July 19, 2022. *** was the *** U.S. producer to report internal consumption. ***’s reported internal consumption consists of ***. Email from ***, July 15, 2022. 5 *** reported a *** percent decline in its sales quantity from 2020 to 2021, and its sales quantity was also *** percent lower in interim 2022 compared with interim 2021. The firm attributed the decline to ***. ***. Email from ***, July 20, 2022, and *** posthearing brief, exh. 1 pp. 46-47. 6 For example *** stated that ***. Email from ***, July 20, 2022. Similarly, *** explained that the increase in sales value was ***. Email from ***, July 11, 2022. *** explained that ***. Email from ***, July 19, 2022. *** also said that ***. Email from ***, July 13, 2022. VI-18 table VI-3, while *** U.S. producers reported higher sales values in 2021 and in interim 2022, *** reported an increase in sales quantity in that same year, and *** U.S. producers reported higher sales quantities in interim 2022 compared with interim 2021.7 On an average per-short- ton basis, net sales value decreased from $1,770 in 2019 to $1,639 in 2020 then increased to $2,155 in 2021, and was higher in interim 2022 at $2,765 compared with interim 2021 at $1,799. As shown in table VI-3, *** U.S. producers reported a decline in their average per- short-ton value from 2019 to 2020 and *** reported an increase from 2020 to 2021.8 *** U.S. producers *** reported higher average per-short-ton values in interim 2022 compared with interim 2021.9 7 ***. Email from ***, July 13, 2022. ***. Email from ***, July 19, 2022. 8 ***. Email from ***, August 24, 2022. 9 ***’s average unit sales values were higher than the rest of the U.S. producers. The three firms accounted for *** percent of net sales quantity and *** percent of sales values in 2021. A spokesman for *** explained that ***. Email from ***, January 31, 2022. *** stated that ***. Emails from ***, July 19, August 24, and August 29, 2022. U.S. producers’ questionnaire response (final), section II-10. *** stated that ***. Email from ***, August 29, 2022. VI-19 Cost of goods sold and gross profit or loss Raw material costs, direct labor and other factory costs accounted for 70.0, 12.6 and 17.4 percent of total COGS, respectively, in 2021. Raw material costs, the largest component of COGS, were largely affected by the prices of steel, and continuously increased by 3.9 percent from 2019 to 2020 and 32.0 percent from 2020 to 2021. Raw material costs were 24.0 percent higher in interim 2022 compared with interim 2021. On an average per short-ton-basis, raw material costs declined from $913 in 2019 to $833 in 2020 before increasing to $1,137 in 2021 and were higher in interim 2022 at $1,434 compared with interim 2021 at $944. As shown in table VI-3, *** U.S. producers reported an overall increase in their average unit values between 2019 and 2021, and *** reported higher unit values in interim 2022 compared with interim 2021.10 As a ratio to net sales, raw material costs declined from 51.6 percent in 2019 to 50.8 percent in 2020 before increasing to 52.8 percent in 2021, and were lower in interim 2022 at 51.9 percent compared with 52.5 percent in interim 2021. Table VI-4 presents details on specific raw material inputs as a share of total raw material costs in 2021. Wire and wire rod accounted for the largest share of raw material costs accounting for *** percent respectively. Other material inputs accounted for *** percent and included zinc, other nail coating materials, collating materials, and product packaging, plastic pallets, and shipping pallets.11 10 *** U.S. producers reported that the overall costs of raw materials increased from 2019 to 2022. U.S. producers’ questionnaire response (final), section VI-20. 11 ***. U.S. producers’ questionnaire responses (final), section III-7a and III-7b. *** asserted that tariffs on imports of steel products, including wire rod and wire, under Section 232 of the Trade Expansion Act of 1962, 19 U.S.C. § 1862 caused domestic nail producers’ costs to increase, given that wire and wire rod are the primary raw materials consumed in the production of nails. ***’s postconference brief, p.9. VI-20 Table VI-4 Steel nails: Raw material costs in 2021 Value in 1,000 dollars; unit values in dollars per short ton; share of value in percent Item Value Share of value Wire *** *** Wire rod *** *** Other material inputs *** *** All raw materials 152,075 100.0 Source: Compiled from data submitted in response to Commission questionnaires. Direct labor costs, the smallest share of COGS, continuously increased from 2019 to 2021 by 13.4 percent. Direct labor costs were 2.1 percent higher in interim 2022 compared with interim 2021. On an average per-short-ton basis, direct labor costs decreased from $199 in 2019 to $185 in 2020 then increased to $205 in 2021, and were higher at $246 in interim 2022 compared with $196 in interim 2021. As a ratio to net sales, direct labor costs declined from 11.3 percent in 2019 to 9.5 percent in 2021 and were lower in interim 2022 at 8.9 percent compared with interim 2021 at 10.9 percent. Other factory costs, the second largest share of COGS after raw material costs, decreased by 10.0 percent from 2019 to 2021 and were 14.5 percent higher in interim 2022 compared with interim 2021. On an average per-short-ton basis, other factory costs decreased from $346 in 2019 to $283 in 2021, and were higher in interim 2022 at $351 compared with interim 2021 at $250.12 As shown in table VI-3, U.S. producers varied in directional trends from 2019 to 2021 and in the interim periods. As a ratio to net sales, other factory costs declined from 19.5 percent in 2019 to 13.1 percent in 2021 and were lower at 12.7 percent in interim 2022 compared with interim 2021 at 13.9 percent. Total COGS net of by-product revenue reflected the overall trends of its components and increased by 22.2 percent from 2019 to 2021. Total COGS was 19.3 percent higher in interim 2022 compared with interim 2021. On an average per-short-ton basis, total COGS increased from $1,450 in 2019 to $1,609 in 2021, and was higher at $2,009 in interim 2022 compared with $1,374 in interim 2021.13 As a ratio to net sales, COGS decreased from 81.9 percent in 2019 to 74.7 percent in 2021, and was lower in interim 2022 at 72.7 percent 12 ***. Email from ***, July 15, 2022. 13 As previously mentioned, ***. See footnote 9 in this section of the report. VI-21 compared with interim 2021 at 76.4 percent, a reflection that sales values (and sales’ AUVs) increased more than did COGS. As shown in table VI-1, gross profit increased from $38.9 million in 2019 to $43.6 million in 2020 and $73.0 million in 2021. Gross profit was higher in interim 2022 at $22.4 million compared with $15.5 million in interim 2021. As a ratio to net sales, gross profit also increased from 18.1 percent in 2019 to 25.3 percent in 2021 and was higher in interim 2022 at 27.3 percent compared with interim 2021 at 23.6 percent. Results varied on a firm-by-firm basis: *** reported a decline in gross profits from 2019 to 2021; gross profits reported by *** continuously increased from 2019 to 2021; and ***. *** firms *** reported higher gross profits in interim 2022 compared with interim 2021.14 SG&A expenses and operating income or loss U.S. producers’ SG&A expenses declined by 5.6 percent from 2019 to 2020 before increasing by 13.3 percent from 2020 to 2021 and overall increased by 7.0 percent from 2019 to 2021. SG&A expenses were 13.5 percent higher in interim 2022 compared with interim 2021. As shown in table VI-3, *** reported declines in their SG&A expenses from 2019 to 2020 and *** reported an increase from 2020 to 2021. Trends between firms varied during the interim periods. 15 The corresponding SG&A expense ratio declined from 12.5 percent in 2019 to 9.9 percent in 2021 and was lower in interim 2022 at 9.0 percent compared with interim 2021 at 10.0 percent. 14 ***, July 14, 2022. 15 ***. Emails from ***, January 19, 2022, and July 13, 2022. ***. U.S. producers’ questionnaire response (final), section III-10. VI-22 Operating income increased from $12.1 million in 2019 to $44.4 million in 2021 and was higher at $15.0 million in interim 2022 compared with $8.9 million in interim 2021. As a ratio to net sales, operating income followed the trends of the underlying data increasing from 5.6 percent in 2019 to 15.4 percent in 2021 and was higher in interim 2022 at 18.3 percent compared with 13.7 percent in interim 2021. Results varied on a firm-by-firm basis: *** reported a continuous increase in operating income, while *** reported a decline from 2019 to 2021. 16 *** reported operating losses in 2019 and 2020 but *** reported operating profits in 2021. *** reported higher operating income in interim 2022 compared with interim 2021. ***.17 16 *** described its allocation method as follow: ***. Email from ***, August 26, 2022, and U.S. producers’ questionnaire response (final), section II-3. Operating profits for U.S. producers ***. 17 In response to Commission staff about its ***. Email from ***, August 29, 2022. VI-23 All other expenses and net income or loss Classified below the operating income level are interest expenses, other expenses, and other income. In table VI-1, these items are aggregated with only the net amount shown. The majority of the amount shown was other income ***. 18 Because the total of other expenses/income largely reflects income, net income was higher than operating income in each reporting period. Net income increased from $12.6 million in 2019 to $45.0 million in 2021 and was higher in interim 2022 at $15.3 million compared with $9.4 million in interim 2021. As a ratio to net sales, net income increased from 5.9 percent in 2019 to 15.6 percent in 2021 and was higher in interim 2022 at 18.6 percent compared with 14.4 percent in interim 2021.19 Capital expenditures and research and development expenses Table VI-5 presents capital expenditures, by firm, and table VI-7 presents R&D expenses, by firm. Tables VI-6 and VI-8 present the firms’ narrative explanations of the nature, focus, and significance of their capital expenditures and R&D expenses, respectively. Capital expenditures increased from 2019 to 2020 before decreasing in 2021 and increased overall from 2019 to 2021. Capital expenditures were higher in interim 2022 compared with interim 2021.20 Data for R&D expenses, reported by ***, increased overall from 2019 to 2021 and were higher in interim 2022 compared with interim 2021. 18 Email from ***, January 19, 2022. ***. Email from ***, July 13, 2022. ***. Email from ***, July 15, 2022. 19 A variance analysis is not being presented due to the pronounced differences of product mix and costs. Additionally, ***. 20 ***. Email from ***, January 20, 2022, and July 15, 2022. VI-24 Table VI-5 Steel nails: U.S. producers’ capital expenditures, by firm and period Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 ITW *** *** *** *** *** Kyocera *** *** *** *** *** Legacy *** *** *** *** *** Mar-Mac *** *** *** *** *** Maze *** *** *** *** *** Mid Continent *** *** *** *** *** Pneu-fast *** *** *** *** *** Simpson *** *** *** *** *** Tree Island *** *** *** *** *** All firms 5,119 7,448 6,854 *** 1,726 Source: Compiled from data submitted in response to Commission questionnaires. Table VI-6 Steel nails: Narrative descriptions of U.S. producers’ capital expenditures, by firm Firm Narrative on capital expenditures *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VI-25 Table VI-7 Steel nails: U.S. producers’ R&D expenses, by firm and period Value in 1,000 dollars Firm 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** All firms *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Table VI-8 Steel nails: Narrative descriptions of U.S. producers’ R&D expenses, by firm Firm Narrative on R&D expenses *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Assets and return on assets Table VI-9 presents data on the U.S. producers’ total assets while table VI-10 presents their operating ROA.21 Table VI-11 presents U.S. producers’ narrative responses explaining their major asset categories and any significant changes in asset levels over time. Total assets increased from $272.6 million in 2019 to $329.2 million in 2021. Return on assets increased from 4.4 percent in 2019 to 13.5 percent in 2021.22 21 The operating ROA is calculated as operating income divided by total assets. With respect to a firm’s overall operations, the total asset value reflects an aggregation of a number of assets which are generally not product specific. Thus, high-level allocations are generally required in order to report a total asset value on a product-specific basis. 22 ***. Email from ***, July 19, 2022. *** stated that its ***, contributed to its high ROA. Email from ***, July 24, 2022. VI-26 Table VI-9 Steel nails: U.S. producers’ total net assets, by firm and period Value in 1,000 dollars Firm 2019 2020 2021 ITW *** *** *** Kyocera *** *** *** Legacy *** *** *** Mar-Mac *** *** *** Maze *** *** *** Mid Continent *** *** *** Pneu-fast *** *** *** Simpson *** *** *** Tree Island *** *** *** All firms 272,612 286,192 329,212 Source: Compiled from data submitted in response to Commission questionnaires. Table VI-10 Steel nails: U.S. producers’ ROA, by firm and period Ratio in percent Firm 2019 2020 2021 ITW *** *** *** Kyocera *** *** *** Legacy *** *** *** Mar-Mac *** *** *** Maze *** *** *** Mid Continent *** *** *** Pneu-fast *** *** *** Simpson *** *** *** Tree Island *** *** *** All firms 4.4 6.4 13.5 Source: Compiled from data submitted in response to Commission questionnaires. VI-27 Table VI-11 Steel nails: Narrative descriptions of U.S. producers’ total net assets, by firm Firm Narrative on assets ITW *** Kyocera *** Legacy *** Mar-Mac *** Maze *** Mid Continent *** Pneu-fast *** Simpson *** Tree Island *** Source: Compiled from data submitted in response to Commission questionnaires. VI-28 Capital and investment The Commission requested U.S. producers of steel nails to describe any actual or potential negative effects of imports of steel nails from India, Oman, Sri Lanka, Thailand, and Turkey on their firms’ growth, investment, ability to raise capital, development and production efforts, or the scale of capital investments. Table VI-12 presents the number of firms reporting an impact in each category and table VI-13 provides the U.S. producers’ narrative responses. Table VI-12 Steel nails: Count of firms indicating actual and anticipated negative effects of imports from subject sources on investment, growth, and development since January 1, 2019, by effect Number of firms reporting Effect Category Count Cancellation, postponement, or rejection of expansion projects Investment 4 Denial or rejection of investment proposal Investment 0 Reduction in the size of capital investments Investment 4 Return on specific investments negatively impacted Investment 1 Other investment effects Investment 1 Any negative effects on investment Investment 6 Rejection of bank loans Growth 0 Lowering of credit rating Growth 0 Problem related to the issue of stocks or bonds Growth 0 Ability to service debt Growth 0 Other growth and development effects Growth 5 Any negative effects on growth and development Growth 5 Anticipated negative effects of imports Future 8 Source: Compiled from data submitted in response to Commission questionnaires. Note: ***. VI-29 Table VI-13 Steel nails: Narratives relating to actual and anticipated negative effects of imports on investment, growth, and development, since January 1, 2019 Item Firm name and narrative on impact of imports Cancellation, postponement, or rejection of expansion projects *** Cancellation, postponement, or rejection of expansion projects *** Cancellation, postponement, or rejection of expansion projects *** Reduction in the size of capital investments *** Reduction in the size of capital investments *** Reduction in the size of capital investments *** Reduction in the size of capital investments *** Return on specific investments negatively impacted *** Other negative effects on investments *** Other effects on growth and development *** Other effects on growth and development *** Other effects on growth and development *** Other effects on growth and development *** Other effects on growth and development *** VI-30 Item Firm name and narrative on impact of imports Anticipated effects of imports *** Anticipated effects of imports *** Anticipated effects of imports *** Anticipated effects of imports *** Anticipated effects of imports *** Anticipated effects of imports *** Anticipated effects of imports *** Anticipated effects of imports *** Source: Compiled from data submitted in response to Commission questionnaires. VI-31 COVID-19 impact The Commission requested U.S. producers of steel nails to describe if the COVID-19 pandemic or any government action taken to contain the spread of the COVID-19 virus affected their financial performance on steel nails operations. Table VI-14 provides the U.S. producers’ narrative responses. Table VI-14 Steel nails: Narratives relating to COVID-19’s impact on the financial performance of U.S. producers Firm Narrative *** *** *** *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VII-1 Threat considerations and information on nonsubject countries Section 771(7)(F)(i) of the Act (19 U.S.C. § 1677(7)(F)(i)) provides that— In determining whether an industry in the United States is threatened with material injury by reason of imports (or sales for importation) of the subject merchandise, the Commission shall consider, among other relevant economic factors1-- (I) if a countervailable subsidy is involved, such information as may be presented to it by the administering authority as to the nature of the subsidy (particularly as to whether the countervailable subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement), and whether imports of the subject merchandise are likely to increase, (II) any existing unused production capacity or imminent, substantial increase in production capacity in the exporting country indicating the likelihood of substantially increased imports of the subject merchandise into the United States, taking into account the availability of other export markets to absorb any additional exports, (III) a significant rate of increase of the volume or market penetration of imports of the subject merchandise indicating the likelihood of substantially increased imports, (IV) whether imports of the subject merchandise are entering at prices that are likely to have a significant depressing or suppressing effect on domestic prices, and are likely to increase demand for further imports, (V) inventories of the subject merchandise, 1 Section 771(7)(F)(ii) of the Act (19 U.S.C. § 1677(7)(F)(ii)) provides that “The Commission shall consider {these factors} . . . as a whole in making a determination of whether further dumped or subsidized imports are imminent and whether material injury by reason of imports would occur unless an order is issued or a suspension agreement is accepted under this title. The presence or absence of any factor which the Commission is required to consider . . . shall not necessarily give decisive guidance with respect to the determination. Such a determination may not be made on the basis of mere conjecture or supposition.” VII-2 (VI) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products, (VII) in any investigation under this title which involves imports of both a raw agricultural product (within the meaning of paragraph (4)(E)(iv)) and any product processed from such raw agricultural product, the likelihood that there will be increased imports, by reason of product shifting, if there is an affirmative determination by the Commission under section 705(b)(1) or 735(b)(1) with respect to either the raw agricultural product or the processed agricultural product (but not both), (VIII) the actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and (IX) any other demonstrable adverse trends that indicate the probability that there is likely to be material injury by reason of imports (or sale for importation) of the subject merchandise (whether or not it is actually being imported at the time).2 Information on the nature of the subsidies was presented earlier in this report; information on the volume and pricing of imports of the subject merchandise is presented in Parts IV and V; and information on the effects of imports of the subject merchandise on U.S. producers’ existing development and production efforts is presented in Part VI. Information on inventories of the subject merchandise; foreign producers’ operations, including the potential for “product-shifting;” any other threat indicators, if applicable; and any dumping in third- country markets, follows. Also presented in this section of the report is information obtained for consideration by the Commission on nonsubject countries. 2 Section 771(7)(F)(iii) of the Act (19 U.S.C. § 1677(7)(F)(iii)) further provides that, in antidumping investigations, “. . . the Commission shall consider whether dumping in the markets of foreign countries (as evidenced by dumping findings or antidumping remedies in other WTO member markets against the same class or kind of merchandise manufactured or exported by the same party as under investigation) suggests a threat of material injury to the domestic industry.” VII-3 The industry in India The Commission issued foreign producers’ or exporters’ questionnaires to 11 firms believed to produce and/or export steel nails from India.3 Usable responses to the Commission’s questionnaire were received from four firms: Alsons Manufacturing India LLP (“Alsons”), Astrotech Steels Private Limited (“Astrotech”), Geekay Wires Limited (“Geekay”),4 and Pan Chem Corporation (“Pan Chem”). These firms’ exports to the United States were equivalent to *** percent of U.S. imports of steel nails from India in 2021. According to estimates requested of the responding producers in India, the production of steel nails in India reported in questionnaires accounts for more than *** of overall production of steel nails in India.5 Table VII-1 presents information on the steel nails operations of the responding producers and exporters in India. 3 These firms were identified through a review of information submitted in the petition and presented in third-party sources. 4 According to its website, Geekay Wires has an overall production capacity of approximately 22,000 short tons, annually. https://www.geekaywires.com/profile.php. 5 ***. *** foreign producer questionnaire response, section II-6a. VII-4 Table VII-1 Steel nails: Summary data for producers in India, 2021 Quantity in short tons; share in percent Firm Production (short tons) Share of reported production (percent) Exports to the United States (short tons) Share of reported exports to the United States (percent) Total shipments (short tons) Share of firm's total shipments exported to the United States (percent) Alsons *** *** *** *** *** *** Astrotech *** *** *** *** *** *** Geekay *** *** *** *** *** *** Pan Chem *** *** *** *** *** *** All firms *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Changes in operations As presented in table VII-2 producers in India reported several operational and organizational changes since January 1, 2019. Table VII-2 Steel nails: Reported changes in operations in India since January 1, 2019, by firm Item Firm name and accompanying narrative response Prolonged shutdowns *** Production curtailments *** Relocations *** Expansions *** Source: Compiled from data submitted in response to Commission questionnaires. Operations on steel nails Table VII-3 presents information on the steel nails operations of the responding producers and exporters in India. During 2019-21, the Indian producers’ capacity increased by *** percent, and was higher during the interim period of January-March 2022 (“interim 2022”) compared to the interim period of January-March 2021 (“interim 2021”) by *** percent. During 2019-21, the Indian producers’ production increased by *** percent overall, and was *** percent higher during interim 2022 than in interim 2021. During 2019-21, the Indian producers’ VII-5 end-of-period inventories increased by *** percent, but were lower during January-March 2022 than in January-March 2021 by *** percent. The Indian producers reported ***, while home market shipments were *** during 2019-21 and the interim periods. During 2019-21, exports to the United States increased by *** percent, and were higher by *** percent during interim 2022 than during interim 2021. The Indian producers’ capacity utilization increased by *** percentage points during 2019-21, and was higher during interim 2022 than during interim 2021 by *** percentage points. *** during 2019-21. The Indian producers’ adjusted share of total shipments exported to the United States decreased by *** percentage points during 2019-21, but was higher by *** percentage points during interim 2022 than during interim 2021. Indian producers’ 2022 and 2023 capacity and production are projected to increase. The Indian producers’ exports to all other markets and exports to the United States are projected to both increase, respectively, compared to 2021. VII-6 Table VII-3 Steel nails: Data on the industry in India, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of-period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Table continued. VII-7 Table VII-3 Continued Steel nails: Data on the industry in India, by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Steel nails production by type Table VII-4 presents data on responding producers’ production of steel nails in India by product type. Collated nails accounted for the majority of total steel nails production between *** percent and *** percent during 2019-21. Bulk nails accounted between (*** percent and *** percent) of total steel nails production during 2019-21. Indian producers’ production of collated nails decreased by *** percent from 2019 to 2020 and then increased by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. Indian production of collated nails was *** percent higher in January- March 2022 compared with January-March 2021. Indian producers’ production of bulk nails increased by *** percent from 2019 to 2020 and then decreased by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. Indian production of bulk nails was *** percent higher in January-March 2022 compared with January-March 2021. VII-8 Table VII-4 Steel nails: Indian producers’ production, by type and period Quantities in short tons; shares in percent Production type Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Collated Quantity *** *** *** *** *** Bulk Quantity *** *** *** *** *** All steel nails Quantity *** *** *** *** *** Collated Share *** *** *** *** *** Bulk Share *** *** *** *** *** All steel nails Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Alternative products As shown in table VII-5, responding firms in India produced other products on the same equipment and machinery used to produce steel nails. One firm ***, reported production of other products on the same equipment that they used to produce steel nails. ***. Out-of-scope production on the same equipment used to produce steel nails accounted for *** of the overall production by the steel nails producers in India. VII-9 Table VII-5 Steel nails: Indian producers’ overall capacity and production on the same equipment as subject production, by period Quantity in short tons; ratios and shares in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Installed overall capacity Quantity *** *** *** *** *** Practical overall capacity Quantity *** *** *** *** *** Steel nails production Quantity *** *** *** *** *** Other production Quantity *** *** *** *** *** Total production Quantity *** *** *** *** *** Installed overall capacity utilization Ratio *** *** *** *** *** Practical overall capacity utilization Ratio *** *** *** *** *** Steel nails production Share *** *** *** *** *** Other production Share *** *** *** *** *** Total production Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: The Commission instructed producers to provide data as follows: Installed overall production capacity is the level of production that your establishment(s) could have attained, assuming your firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity in some industries. Note: The Commission instructed producers to provide data as follows: Practical overall production capacity is the level of production that your establishment(s) could reasonably have expected to attain, taking into account your firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) your firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited your firm's ability to produce the reported products. Importantly, this capacity measure is the maximum "practical" production your firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. VII-10 Exports According to GTA, the leading export markets for steel nails from India are the United States and the United Arab Emirates (table VII-6). During 2021, the United States was the largest export market for steel nails from India, accounting for 72.1 percent of exports. The United Arab Emirates was the second-largest export destination, accounting for 7.5 percent of exports in 2021. Table VII-6 Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from India, by destination market and period Quantity in short tons; value in 1,000 dollars Destination market Measure 2019 2020 2021 United States Quantity 20,368 17,406 31,500 United Arab Emirates Quantity 843 940 3,264 Haiti Quantity --- --- 1,190 Liberia Quantity 138 202 903 United Kingdom Quantity 708 511 888 Kuwait Quantity 2 13 792 Canada Quantity 435 297 703 Sierra Leone Quantity 59 45 679 Nepal Quantity 645 546 510 All other destination markets Quantity 2,243 1,768 3,236 All destination markets Quantity 25,442 21,728 43,664 United States Value 35,993 26,314 50,710 United Arab Emirates Value 935 1,793 3,924 Haiti Value --- --- 903 Liberia Value 104 138 755 United Kingdom Value 2,233 1,840 2,454 Kuwait Value 3 9 657 Canada Value 869 854 1,162 Sierra Leone Value 43 33 677 Nepal Value 667 504 569 All other destination markets Value 4,606 3,667 6,082 All destination markets Value 45,453 35,152 67,892 Table continued. VII-11 Table VII-6 Continued Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from India, by destination market and period Unit values in dollars per short ton; shares in percent Destination market Measure 2019 2020 2021 United States Unit value 1,767 1,512 1,610 United Arab Emirates Unit value 1,108 1,907 1,202 Haiti Unit value --- --- 759 Liberia Unit value 755 685 836 United Kingdom Unit value 3,152 3,603 2,763 Kuwait Unit value 1,660 689 829 Canada Unit value 1,997 2,874 1,652 Sierra Leone Unit value 726 722 997 Nepal Unit value 1,035 924 1,117 All other destination markets Unit value 2,053 2,073 1,879 All destination markets Unit value 1,787 1,618 1,555 United States Share of quantity 80.1 80.1 72.1 United Arab Emirates Share of quantity 3.3 4.3 7.5 Haiti Share of quantity --- --- 2.7 Liberia Share of quantity 0.5 0.9 2.1 United Kingdom Share of quantity 2.8 2.4 2.0 Kuwait Share of quantity 0.0 0.1 1.8 Canada Share of quantity 1.7 1.4 1.6 Sierra Leone Share of quantity 0.2 0.2 1.6 Nepal Share of quantity 2.5 2.5 1.2 All other destination markets Share of quantity 8.8 8.1 7.4 All destination markets Share of quantity 100.0 100.0 100.0 Source: Official exports statistics under HS subheading 7317.00 as reported by the Indian Ministry of Commerce in the Global Trade Atlas database, accessed August 18, 2022. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. United States is shown at the top, all remaining top export destinations shown in descending order of 2021 data. These data are believed to be overstated as HS subheading 7317.00 contains products outside the scope of these investigations (e.g., thumb tacks). VII-12 The industry in Oman The Commission issued foreign producers’ or exporters’ questionnaires to four firms believed to produce and/or export steel nails from Oman.6 One firm responded to the Commission’s questionnaire: Oman Fasteners Company LLC (“Oman Fasteners”). This firm’s exports to the United States were equivalent to *** of U.S. imports of steel nails from Oman in 2021. According to estimates requested of the responding producer in Oman, the production of steel nails in Oman reported in its questionnaire accounts for approximately *** percent of overall production of steel nails in Oman during 2021. Table VII-7 presents information on the steel nails operations of the responding producer in Oman. Table VII-7 Steel nails: Summary data for Oman Fasteners, 2021 Quantity in short tons; share in percent Firm Production (short tons) Share of reported production (percent) Exports to the United States (short tons) Share of reported exports to the United States (percent) Total shipments (short tons) Share of firm's total shipments exported to the United States (percent) Oman Fasteners *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. 6 These firms were identified through a review of information submitted in the petition and presented in third-party sources. VII-13 Changes in operations As presented in table VII-8, Oman Fasteners reported *** change since January 1, 2019. Table VII-8 Steel nails: Reported changes in operations by Oman Fasteners since January 1, 2019 Item Firm name and accompanying narrative response Expansions *** Source: Compiled from data submitted in response to Commission questionnaires. Operations on steel nails Table VII-9 presents information on the steel nails operations of Oman Fasteners. During 2019-21, Oman Fasteners’ capacity increased by *** percent, and was higher interim 2022 than during interim 2021 by *** percent. During 2019-21, Oman Fasteners’ production increased by *** percent, and was higher by *** percent during interim 2022 than during interim 2021. During 2019-21, Oman Fasteners’ end-of-period inventories increased by *** percent, but were lower by *** percent during interim 2022 than in interim 2021. Oman Fasteners reported ***, while home market shipments were *** during 2019-21 and the interim periods. During 2019- 21, exports to the United States increased by *** percent, and were higher during *** percent during interim 2022 than during interim 2021. Oman Fastener’s capacity utilization increased by *** percentage points during 2019- 21, but was lower during interim 2022 than during interim 2021 by *** percentage points. The vast majority of Oman Fasteners’ shipments were exported to the United States, accounting for at least *** percent of total shipments in each period Projections for Oman Fasteners’ 2022 and 2023 capacity ***, while its production ***. ***. 7 7 ***. Foreign Producer Questionnaire, II-9. VII-14 Table VII-9 Steel nails: Data for Oman Fasteners, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of-period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Table continued. VII-15 Table VII-9 Continued Steel nails: Data for Oman Fasteners, by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Steel nails production by type Table VII-10 presents data on responding producers’ production of steel nails in Oman by product type. Collated nails accounted for the majority of total steel nails production (between *** percent and *** percent) during 2019-21. Bulk nails accounted for (*** percent) of total steel nails production during 2019-21. Oman Fasteners’ production of collated nails increased by *** percent from 2019 to 2020 and then increased by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. Oman Fasteners’ production of collated nails was *** percent higher in January-March 2022 compared with January-March 2021. VII-16 Table VII-10 Steel nails: Oman Fasteners’ production, by type and period Quantity in short tons; shares in percent Production type Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Collated Quantity *** *** *** *** *** Bulk Quantity *** *** *** *** *** All steel nails Quantity *** *** *** *** *** Collated Share *** *** *** *** *** Bulk Share *** *** *** *** *** All steel nails Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Alternative products As shown in table VII-11, Oman Fasteners ***. VII-17 Table VII-11 Steel nails: Oman Fasteners’ overall capacity and production on the same equipment as subject production, by period Quantity in short tons; ratios and share in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Installed overall capacity Quantity *** *** *** *** *** Practical overall capacity Quantity *** *** *** *** *** Steel nails production Quantity *** *** *** *** *** Other production Quantity *** *** *** *** *** Total production Quantity *** *** *** *** *** Installed overall capacity utilization Ratio *** *** *** *** *** Practical overall capacity utilization Ratio *** *** *** *** *** Steel nails production Share *** *** *** *** *** Other production Share *** *** *** *** *** Total production Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: The Commission instructed producers to provide data as follows: Installed overall production capacity is the level of production that your establishment(s) could have attained, assuming your firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity in some industries. Note: The Commission instructed producers to provide data as follows: Practical overall production capacity is the level of production that your establishment(s) could reasonably have expected to attain, taking into account your firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) your firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited your firm's ability to produce the reported products. Importantly, this capacity measure is the maximum "practical" production your firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. VII-18 Exports According to GTA, the leading export markets for steel nails from Oman are the United States and the United Kingdom (table VII-12). During 2021, the United States was the largest export market for steel nails from Oman, accounting for 97.7 percent of exports. The United Kingdom, the next largest export destination, accounting for 1.2 percent of exports in 2021. Table VII-12 Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Oman, by destination market and by period Quantity in short tons; value in 1,000 dollars Destination market Measure 2019 2020 2021 United States Quantity 73,189 72,119 90,554 United Kingdom Quantity 1,994 830 1,127 Canada Quantity 1,148 660 525 Germany Quantity --- 77 168 Netherlands Quantity 161 131 150 Ireland Quantity --- 48 92 Japan Quantity 1 8 17 China Quantity 2 5 15 Denmark Quantity --- --- 9 All other destination markets Quantity 1,694 1,004 13 All destination markets Quantity 78,189 74,881 92,672 United States Value 88,493 82,900 120,001 United Kingdom Value 2,764 1,271 1,948 Canada Value 1,918 1,440 1,851 Germany Value --- 87 256 Netherlands Value 218 167 255 Ireland Value --- 95 211 Japan Value 13 12 35 China Value 16 7 95 Denmark Value --- --- 8 All other destination markets Value 1,822 953 353 All destination markets Value 95,244 86,933 125,014 Table continued. VII-19 Table VII-12 Continued Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Oman, by destination market and by period Unit value in dollars per short ton; share in percent Destination market Measure 2019 2020 2021 United States Unit value 1,209 1,149 1,325 United Kingdom Unit value 1,386 1,531 1,728 Canada Unit value 1,671 2,181 3,522 Germany Unit value --- 1,136 1,526 Netherlands Unit value 1,353 1,276 1,699 Ireland Unit value --- 1,999 2,291 Japan Unit value 10,611 1,520 2,042 China Unit value 6,626 1,587 6,145 Denmark Unit value --- --- 874 All other destination markets Unit value 1,075 949 27,557 All destination markets Unit value 1,218 1,161 1,349 United States Share of quantity 93.6 96.3 97.7 United Kingdom Share of quantity 2.6 1.1 1.2 Canada Share of quantity 1.5 0.9 0.6 Germany Share of quantity --- 0.1 0.2 Netherlands Share of quantity 0.2 0.2 0.2 Ireland Share of quantity --- 0.1 0.1 Japan Share of quantity 0.0 0.0 0.0 China Share of quantity 0.0 0.0 0.0 Denmark Share of quantity --- --- 0.0 All other destination markets Share of quantity 2.2 1.3 0.0 All destination markets Share of quantity 100.0 100.0 100.0 Source: Official imports statistics of imports from Oman (constructed export statistics for Oman) under HS subheading 7317.00 as reported by various statistical reporting authorities in the Global Trade Atlas database, accessed August 18, 2022. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. United States is shown at the top, all remaining top export destinations shown in descending order of 2021 data. These data are believed to be overstated as HS subheading 7317.00 contains products outside the scope of these investigations (e.g., thumb tacks). VII-20 The industry in Sri Lanka The Commission issued foreign producers’ or exporters’ questionnaires to five firms believed to produce and/or export steel nails in Sri Lanka.8 One firm responded to the Commission’s questionnaire: Trinity Steel (Pvt) Ltd. (“Trinity”). This firm’s exports to the United States were equivalent to *** of U.S. imports of steel nails from Sri Lanka in 2020. According to estimates requested of the responding producer in Sri Lanka, the production of steel nails in Sri Lanka reported in its questionnaire accounted for approximately *** percent of overall production of steel nails in Sri Lanka during 2021. Table VII-13 presents information on the steel nails operations of the responding producer in Sri Lanka. Table VII-13 Steel nails: Summary data for Trinity, 2021 Quantity in short tons; share in percent Firm Production (short tons) Share of reported production (percent) Exports to the United States (short tons) Share of reported exports to the United States (percent) Total shipments (short tons) Share of firm's total shipments exported to the United States (percent) Trinity *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Changes in operations As presented in table VII-14, Trinity reported *** since January 1, 2019. 8 These firms were identified through a review of information submitted in the petition and presented in third-party sources. VII-21 Table VII-14 Steel nails: Reported changes in operations by Trinity since January 1, 2019 Item Firm name and accompanying narrative response Prolonged shutdowns *** Expansions *** Source: Compiled from data submitted in response to Commission questionnaires. Operations on steel nails Table VII-15 presents information on the steel nails operations of Trinity. During 2019- 21, Trinity’s capacity increased by *** percent, and remained the same in interim 2022 as in interim 2021. During 2019-21, Trinity’s production increased by *** percent, but was lower by *** percent during interim 2022 than during interim 2021. During 2019-21, Trinity’s end-of- period inventories decreased by *** percent, and were lower by *** percent during interim 2022 than in interim 2021. Trinity’s reported ***, while home market shipments were *** during 2019-21 and the interim periods. During 2019-21, exports to the United States increased by *** percent, but were *** percent lower during interim 2022 than in interim 2021. Trinity’s capacity utilization increased by *** percentage points during 2019-21, but was lower during interim 2022 than during interim 2021 by *** percentage points. *** during 2019- 21. Trinity’s exports to the United States, as a share of total shipments, *** in each period. Projections for Trinity’s 2022 and 2023’s capacity ***, while its production ***. In addition, ***. VII-22 Table VII-15 Steel nails: Data for Trinity, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of-period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Table continued. VII-23 Table VII-15 Continued Steel nails: Data for Trinity, by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Steel nails production by type Table VII-16 presents data on responding producers’ production of steel nails in Sri Lanka by product type. Collated nails accounted for the majority of total steel nails production (between *** percent and *** percent) during 2019-21. Bulk nails accounted for (*** percent) of total steel nails production during 2019-21. Trinity’s production of collated nails increased by *** percent from 2019 to 2020 and by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. Trinity’s production of collated nails was *** percent lower in January-March 2022 compared with January-March 2021. VII-24 Table VII-16 Steel nails: Trinity’s production, by type and period Quantities in short tons; shares and ratios in percent Production type Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Collated Quantity *** *** *** *** *** Bulk Quantity *** *** *** *** *** All steel nails Quantity *** *** *** *** *** Collated Share *** *** *** *** *** Bulk Share *** *** *** *** *** All steel nails Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Alternative products As shown in table VII-17, Trinity *** on the same equipment and machinery used to produce steel nails. VII-25 Table VII-17 Steel nails: Trinity’s overall capacity and production on the same equipment as subject production, by period Quantity in short tons; ratio and share in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Installed overall capacity Quantity *** *** *** *** *** Practical overall capacity Quantity *** *** *** *** *** Steel nails production Quantity *** *** *** *** *** Other production Quantity *** *** *** *** *** Total production Quantity *** *** *** *** *** Installed overall capacity utilization Ratio *** *** *** *** *** Practical overall capacity utilization Ratio *** *** *** *** *** Steel nails production Share *** *** *** *** *** Other production Share *** *** *** *** *** Total production Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: The Commission instructed producers to provide data as follows: Installed overall production capacity is the level of production that your establishment(s) could have attained, assuming your firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity in some industries. Note: The Commission instructed producers to provide data as follows: Practical overall production capacity is the level of production that your establishment(s) could reasonably have expected to attain, taking into account your firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) your firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited your firm's ability to produce the reported products. Importantly, this capacity measure is the maximum "practical" production your firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. VII-26 Exports According to GTA, the leading export markets for steel nails from Sri Lanka are the United States, Bangladesh, and New Zealand (table VII-18). During 2021, the United States was the largest export market for steel nails from Sri Lanka, accounting for 98.4 percent. Bangladesh, and New Zealand, accounting for 1.2 percent and 0.2 percent of 2021 exports, respectively, were the next largest export markets. Table VII-18 Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Sri Lanka, by destination market and by period Quantity in short tons; value in 1,000 dollars Destination market Measure 2019 2020 2021 United States Quantity 29,398 30,197 33,512 Bangladesh Quantity 379 274 406 New Zealand Quantity --- 2 67 India Quantity 37 18 29 Austria Quantity --- --- 20 Pakistan Quantity 23 1 14 Myanmar Quantity --- --- 3 Cambodia Quantity --- --- 1 Madagascar Quantity --- --- 1 All other destination markets Quantity 13 13 0 All destination markets Quantity 29,850 30,504 34,053 United States Value 31,526 26,756 37,301 Bangladesh Value 7,155 5,603 8,342 New Zealand Value --- 2 66 India Value 642 336 557 Austria Value --- --- 19 Pakistan Value 379 21 274 Myanmar Value --- --- 56 Cambodia Value --- --- 23 Madagascar Value --- --- 9 All other destination markets Value 22 1,255 13 All destination markets Value 39,725 33,973 46,660 Table continued. VII-27 Table VII-18 Continued Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Sri Lanka, by destination market and by period Unit values in dollars per short ton; shares in percent Destination market Measure 2019 2020 2021 United States Unit value 1,072 886 1,113 Bangladesh Unit value 18,875 20,449 20,539 New Zealand Unit value --- 795 983 India Unit value 17,343 19,158 19,403 Austria Unit value --- --- 939 Pakistan Unit value 16,475 21,007 19,712 Myanmar Unit value --- --- 20,555 Cambodia Unit value --- --- 21,303 Madagascar Unit value --- --- 16,821 All other destination markets Unit value 1,751 100,290 27,886 All destination markets Unit value 1,331 1,114 1,370 United States Share of quantity 98.5 99.0 98.4 Bangladesh Share of quantity 1.3 0.9 1.2 New Zealand Share of quantity --- 0.0 0.2 India Share of quantity 0.1 0.1 0.1 Austria Share of quantity --- --- 0.1 Pakistan Share of quantity 0.1 0.0 0.0 Myanmar Share of quantity --- --- 0.0 Cambodia Share of quantity --- --- 0.0 Madagascar Share of quantity --- --- 0.0 All other destination markets Share of quantity 0.0 0.0 0.0 All destination markets Share of quantity 100.0 100.0 100.0 Source: Official exports statistics under HS subheading 7317.00 as reported by Sri Lanka Customs in the Global Trade Atlas database, accessed August 18, 2022. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. United States is shown at the top, all remaining top export destinations shown in descending order of 2021 data. These data are believed to be overstated as HS subheading 7317.00 contains products outside the scope of these investigations (e.g., thumb tacks). VII-28 The industry in Thailand The Commission issued foreign producers’ or exporters’ questionnaires to five firms believed to produce and/or export steel nails from Thailand.9 Usable responses to the Commission’s questionnaire were received from five firms: Chia Pao Metal Co., Ltd. (“Chia Pao”), 10 Comebest (Thailand) Co., Ltd. (“Come Best”), Jinhai Hardware Co. Ltd. (“Jinhai”), Siam Fastener Industry Co., Ltd. (“Siam Fastener”),11 and Win Fasteners Manufactory (Thailand) Co., Ltd (“Win Fasteners”).12 These firms’ exports to the United States were equivalent to *** percent of U.S. imports of steel nails from Thailand in 2021. Responding firms estimate that they accounted for approximately *** percent of overall production of steel nails in Thailand 2021. Table VII-19 presents information on the steel nails operations of the responding producers in Thailand. Table VII-20 presents summary data for resellers in Thailand during 2021. 9 These firms were identified through a review of information submitted in the petition and presented in third-party sources. 10 According to its website, Chia Pao is the largest nails and staples manufacturer in Thailand. http://www.chiapao.co.th/index.php?option=com_content&view=article&id=78&Itemid=75. 11 According to its website, Siam Fastener has an annual steel nails production capacity of 5,000 tons. http://thai-hardware.com/. 12 Win Fasteners ***. Win indicated that “***.” *** foreign producer questionnaire response, section II-11. VII-29 Table VII-19 Steel nails: Summary data for producers in Thailand, 2021 Firm Production (short tons) Share of reported production (percent) Exports to the United States (short tons) Share of reported exports to the United States (percent) Total shipments (short tons) Share of firm's total shipments exported to the United States (percent) Chia Pao *** *** *** *** *** *** Come Best *** *** *** *** *** *** Jinhai *** *** *** *** *** *** Siam *** *** *** *** *** *** Win *** *** *** *** *** *** All firms *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Table VII-20 Steel nails: Summary data for resellers in Thailand, 2021 Firm Resales exported to United States (short tons) Share of reported resales exported to United States (percent) Jinhai *** *** Win *** *** All firms *** *** Source: Compiled from data submitted in response to Commission questionnaires. Changes in operations As presented in table VII-21 producers in Thailand reported *** operational and organizational changes since January 1, 2019. Table VII-21 Steel nails: Reported changes in operations in Thailand since January 1, 2019, by firm Item Firm name and accompanying narrative response Plant openings *** Expansions *** Source: Compiled from data submitted in response to Commission questionnaires. VII-30 Operations on steel nails Table VII-22 presents information on the steel nails operations of the responding producers and exporters in Thailand. During 2019-21, the Thai producers’ capacity increased by *** percent, and were higher by *** percent during 2022 during interim 2022 than in interim 2021. During 2019-21, the Thai producers’ production increased by *** percent overall, and was higher by *** percent during interim 2022 than during interim 2021. During 2019-21, the Thai producers’ end-of-period inventories increased by *** percent, and were higher during interim 2022 than in interim 2021 by *** percent. The Thai producers’ capacity utilization increased by *** percentage points during 2019- 21, and was higher during interim 2022 than in interim 2021 by *** percentage points. The Thai producers home market shipments were *** during 2019-21 and the interim periods. *** during 2019-21. During 2019-21, exports to the United States increased by *** percent, and were higher by *** percent in interim 2022 than during interim 2021. Thai producers’ 2022 and 2023’s capacity ***, while production ***. Thai producers’ export shipments and exports to the United States are projected to decrease overall compared to 2021 levels. VII-31 Table VII-22 Steel nails: Data on the industry in Thailand, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of-period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Resales exported to the United States *** *** *** *** *** *** *** Total exports to the United States *** *** *** *** *** *** *** Table continued. VII-32 Table VII-22 Continued Steel nails: Data on the industry in Thailand, by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Exports by producers' share of total exports to the United States *** *** *** *** *** *** *** Exports by resellers' share of total exports to the United States *** *** *** *** *** *** *** Adjusted share of total shipments exported to the United States *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Steel nails production by type Table VII-23 presents data on responding producers’ production of steel nails in Thailand by product type. Collated nails accounted for the majority of total steel nails production (between *** percent and *** percent) during 2019-21. Bulk nails accounted for between (*** percent and *** percent) of total steel nails production during 2019-21. Thai producers’ production of collated nails increased by *** percent from 2019 to 2020 and by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. Thai production of collated nails was *** percent higher in January-March 2022 compared with January-March 2021. Thai producers’ production of bulk nails increased by *** VII-33 percent from 2019 to 2020 and then by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. U.S. production of bulk nails was *** percent higher in January-March 2022 compared with January-March 2021. Table VII-23 Steel nails: Thailand’s producers’ production, by type and period Quantities in short tons; shares and ratios in percent Production type Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Collated Quantity *** *** *** *** *** Bulk Quantity *** *** *** *** *** All steel nails Quantity *** *** *** *** *** Collated Share *** *** *** *** *** Bulk Share *** *** *** *** *** All steel nails Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Alternative products As shown in table VII-24, no responding firms in Thailand produced other products on the same equipment and machinery used to produce steel nails. VII-34 Table VII-24 Steel nails: Thai producers’ overall capacity and production on the same equipment as subject production, by period Quantity in short tons; ratio and share in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Installed overall capacity Quantity *** *** *** *** *** Practical overall capacity Quantity *** *** *** *** *** Steel nails production Quantity *** *** *** *** *** Other production Quantity *** *** *** *** *** Total production Quantity *** *** *** *** *** Installed overall capacity utilization Ratio *** *** *** *** *** Practical overall capacity utilization Ratio *** *** *** *** *** Steel nails production Share *** *** *** *** *** Other production Share *** *** *** *** *** Total production Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: The Commission instructed producers to provide data as follows: Installed overall production capacity is the level of production that your establishment(s) could have attained, assuming your firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity in some industries. Note: The Commission instructed producers to provide data as follows: Practical overall production capacity is the level of production that your establishment(s) could reasonably have expected to attain, taking into account your firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) your firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited your firm's ability to produce the reported products. Importantly, this capacity measure is the maximum "practical" production your firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. VII-35 Exports According to GTA, the leading export markets for steel nails from Thailand are the United States, Myanmar, and New Zealand (table VII-25). During 2021, the United States was the leading export market for steel nails from Thailand, accounting for 84.1 percent. Myanmar and New Zealand, accounting for 5.9 percent and 4.0 percent of 2021 exports, respectively, were the next largest export destinations. Table VII-25 Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Thailand, by destination market and by period Quantity in short tons; value in 1,000 dollars Destination market Measure 2019 2020 2021 United States Quantity 40,812 49,332 61,756 Myanmar Quantity 3,752 3,699 4,365 New Zealand Quantity 2,127 2,328 2,940 Laos Quantity 3,924 3,196 2,512 Japan Quantity 1,089 1,175 1,251 Canada Quantity 21 56 140 Samoa Quantity --- --- 139 Indonesia Quantity 108 49 77 Cambodia Quantity 36 60 59 All other destination markets Quantity 124 115 163 All destination markets Quantity 51,993 60,009 73,402 United States Value 44,223 51,900 73,336 Myanmar Value 3,236 2,979 4,001 New Zealand Value 2,101 2,207 3,264 Laos Value 2,985 2,292 2,173 Japan Value 3,816 3,492 4,080 Canada Value 17 47 136 Samoa Value --- --- 116 Indonesia Value 118 50 90 Cambodia Value 282 265 304 All other destination markets Value 727 268 234 All destination markets Value 57,506 63,500 87,734 Table continued. VII-36 Table VII-25 Continued Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Thailand, by destination market and by period Unit values in dollars per short ton; shares in percent Destination market Measure 2019 2020 2021 United States Unit value 1,084 1,052 1,188 Myanmar Unit value 863 805 917 New Zealand Unit value 988 948 1,110 Laos Unit value 761 717 865 Japan Unit value 3,505 2,972 3,261 Canada Unit value 816 844 976 Samoa Unit value --- --- 840 Indonesia Unit value 1,092 1,029 1,170 Cambodia Unit value 7,788 4,397 5,150 All other destination markets Unit value 5,879 2,324 1,435 All destination markets Unit value 1,106 1,058 1,195 United States Share of quantity 78.5 82.2 84.1 Myanmar Share of quantity 7.2 6.2 5.9 New Zealand Share of quantity 4.1 3.9 4.0 Laos Share of quantity 7.5 5.3 3.4 Japan Share of quantity 2.1 2.0 1.7 Canada Share of quantity 0.0 0.1 0.2 Samoa Share of quantity --- --- 0.2 Indonesia Share of quantity 0.2 0.1 0.1 Cambodia Share of quantity 0.1 0.1 0.1 All other destination markets Share of quantity 0.2 0.2 0.2 All destination markets Share of quantity 100.0 100.0 100.0 Source: Official exports statistics under HS subheading 7317.00 as reported by Thai Customs Department in the Global Trade Atlas database, accessed August 18, 2022. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. United States is shown at the top, all remaining top export destinations shown in descending order of 2021 data. These data are believed to be overstated as HS subheading 7317.00 contains products outside the scope of these investigations (e.g., thumb tacks). VII-37 The industry in Turkey The Commission issued foreign producers’ or exporters’ questionnaires to six firms believed to produce and/or export steel nails from Turkey.13 Usable responses to the Commission’s questionnaire were received from two firms: Aslanbas Civi Tel Celik Hasir A.S. (“Aslanbas Civi”), and Guney Celik Hasir Ve Demir Mam. San. Tic. A.S (“Guney Celik”). These firms’ exports to the United States were equivalent to *** percent of U.S. imports of steel nails from Turkey in 2021. According to estimates requested of the responding producers in Turkey, the production of steel nails in Turkey reported in questionnaires accounts for approximately *** percent of overall production of steel nails in Turkey. Table VII-26 presents information on the steel nails operations of the responding producers and exporters in Turkey. There were an estimated 200 manufacturing facilities that produced fasteners, including steel nails, in 2016, but data since 2018 are not available.14 Major producers and exporters of steel nails to the United States include Akdeniz Civi Sanayi Ltd. (Akdeniz) and Sertel Vida A.S. (Sertel). According to petitioners, Akdeniz represents 70 percent of the Turkish fastener market and exports at least 40 containers per month, but industry research was not able to confirm these estimates. Public data shows that Sertel has an annual capacity of 100,000 metric tons, but this includes some nonsubjectproducts including screws and washers.15 Akdeniz and Sertel are both located in the city of Mersin. Additional producers of steel nails in Turkey include Güney Çelik, with plants located in the cities of Gebze and Adana, and Aslanbas Nail Wire and Steel Wire Mesh Co., with plants located in Adana and Ankara. According to its website, Güney Çelik has an annual steel treatment capacity of 350,000 metric tons, but this includes a large share of non-subject products including steel mesh and wire. In 2019, Güney Çelik began producing galvanized nail products under the trademarked brand, CIVIDA.16 Aslanbas advertises a production capacity of 5,000 tons, but this total includes non-subject products including steel wire. 13 These firms were identified through a review of information submitted in the petition and presented in third-party sources. 14 Petition, p. 38, Exh. I-19. 15 Petition, p. 39, Exh. I-19. 16 Petition, p. 39, Exh. I-19. VII-38 Table VII-26 Steel nails: Summary data for producers in Turkey, 2021 Firm Production (short tons) Share of reported production (percent) Exports to the United States (short tons) Share of reported exports to the United States (percent) Total shipments (short tons) Share of firm's total shipments exported to the United States (percent) Aslanbas *** *** *** *** *** *** Guney Celik *** *** *** *** *** *** All firms *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Changes in operations As presented in table VII-27, producers in Turkey reported *** operational and organizational changes since January 1, 2019. Table VII-27 Steel nails: Reported changes in operations in Turkey since January 1, 2019, by firm Item Firm name and accompanying narrative response Plant openings *** Prolonged shutdowns *** Production curtailments *** Expansions *** Other *** Source: Compiled from data submitted in response to Commission questionnaires. Operations on steel nails Table VII-28 presents information on the steel nails operations of the responding producers and exporters in Turkey. During 2019-21, the Turkish producers’ capacity increased by *** percent, and was higher during interim 2022 than during interim 2021 by *** percent. During 2019-21, the Turkish producers’ production increased by *** percent overall, and was higher by *** percent during interim 2022 than during interim 2021. During 2019-21, the Turkish producers’ end-of-period inventories increased by *** percent, and was higher during interim 2022 than during interim 2021 by *** percent. The Turkish producers’ reported no internal consumption 2019-21. Home market shipments increased during 2019-21 by *** percent, and were higher during interim 2022 than during interim 2021 by *** percent. During VII-39 2019-21, exports to the United States increased by *** percent, and were higher by *** percent in interim 2022 than during interim 2021. The Turkish producers’ capacity utilization increased by *** percentage points during 2019-21, and were higher during interim 2022 than during interim 2021 by *** percentage points. Exports to the United States as a share of total shipments increased by *** percentage points during 2019-21, but was lower by *** percentage points during interim 2022 than during interim 2021. The Turkish producers’ home market shipments share decreased by *** percentage points during 2019-21, but were higher during interim 2022 than during interim 2021 by ***. The Turkish producers’ exports to all other markets ***. Table VII-28 Steel nails: Data on industry in Turkey, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of-period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Table continued. VII-40 Table VII-28 Continued Steel nails: Data on industry in Turkey, by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Steel nails production by type Table VII-29 presents data on responding producers’ production of steel nails in Turkey by product type. Collated nails accounted for the majority of total steel nails production (between *** percent and *** percent) during 2019-21. Bulk nails accounted for between (*** percent and *** percent) of total steel nails production during 2019-21. Turkish producers’ production of collated nails increased by *** percent from 2019 to 2020 and by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. Turkish production of collated nails was *** percent higher in January-March 2022 compared with January-March 2021. Turkish producers’ production of bulk nails increased by *** percent from 2019 to 2020 and then increased by *** percent from 2020 to 2021, increasing overall by *** percent between 2019 and 2021. U.S. production of bulk nails was *** percent higher in January-March 2022 compared with January-March 2021. VII-41 Table VII-29 Steel nails: Turkish production, by type and period Quantities in short tons; shares and ratios in percent Production type Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Collated Quantity *** *** *** *** *** Bulk Quantity *** *** *** *** *** All steel nails Quantity *** *** *** *** *** Collated Share *** *** *** *** *** Bulk Share *** *** *** *** *** All steel nails Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Alternative products As shown in table VII-30, *** on the same equipment and machinery used to produce steel nails. VII-42 Table VII-30 Steel nails: Turkish producers’ overall capacity and production on the same equipment as subject production, by period Quantity in short tons; ratios and share in percent Item Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Installed overall capacity Quantity *** *** *** *** *** Practical overall capacity Quantity *** *** *** *** *** Steel nails production Quantity *** *** *** *** *** Other production Quantity *** *** *** *** *** Total production Quantity *** *** *** *** *** Installed overall capacity utilization Ratio *** *** *** *** *** Practical overall capacity utilization Ratio *** *** *** *** *** Steel nails production Share *** *** *** *** *** Other production Share *** *** *** *** *** Total production Share *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Note: The Commission instructed producers to provide data as follows: Installed overall production capacity is the level of production that your establishment(s) could have attained, assuming your firm’s optimal product mix, and based solely on existing capital investments, i.e., machinery and equipment that is in place and ready to operate. This capacity measure does not take into account other constraints to production such as existing workforce constraints, availability of raw materials, or downtime for maintenance, repair, and clean-up. This capacity measure is sometimes referred to as "nameplate" or "theoretical" capacity in some industries. Note: The Commission instructed producers to provide data as follows: Practical overall production capacity is the level of production that your establishment(s) could reasonably have expected to attain, taking into account your firm’s actual product mix over the period. This capacity measure is based on not only existing capital investments, i.e., machinery and equipment that is in place and ready to operate but also non-capital investment constraints, such as (1) normal operating conditions, including normal downtime for maintenance, repair, and cleanup; (2) your firm's existing in-place and readily available labor force; (3) availability of material inputs; and (4) any other constraints that may have limited your firm's ability to produce the reported products. Importantly, this capacity measure is the maximum "practical" production your firm could have achieved without hiring new personnel or expanding the number of shifts operated in the period. VII-43 Exports According to GTA, the leading export markets for steel nails from Turkey are the United States, Israel, and Canada (table VII-31). During 2021, the United States was the top export market for steel nails from Turkey, accounting for 65.1 percent of 2021 exports., Israel and Canada, accounting for 8.9 percent and 5.1 percent of 2021 exports, respectively, were the next largest export destinations. Table VII-31 Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Turkey, by destination market and by period Quantity in short tons; value in 1,000 dollars Destination market Measure 2019 2020 2021 United States Quantity 50,662 52,870 64,965 Israel Quantity 6,616 8,201 8,921 Canada Quantity 1,660 2,555 5,072 Spain Quantity 3,738 3,176 3,260 Georgia Quantity 2,101 2,291 2,222 Chile Quantity 0.2 205 1,928 United Kingdom Quantity 1,900 1,868 1,636 Portugal Quantity 1,502 1,119 1,559 Ireland Quantity 828 703 824 All other destination markets Quantity 9,431 12,526 9,400 All destination markets Quantity 78,439 85,515 99,788 United States Value 43,356 41,245 68,711 Israel Value 4,477 5,265 7,920 Canada Value 1,195 1,689 4,580 Spain Value 2,576 2,200 3,294 Georgia Value 1,249 1,352 1,916 Chile Value 3 149 1,719 United Kingdom Value 1,457 1,403 1,716 Portugal Value 1,017 745 1,478 Ireland Value 575 486 824 All other destination markets Value 8,586 9,996 10,402 All destination markets Value 64,490 64,530 102,559 Table continued. VII-44 Table VII-31 Continued Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Exports from Turkey, by destination market and by period Unit values in dollars per short ton; shares in percent Destination market Measure 2019 2020 2021 United States Unit value 856 780 1,058 Israel Unit value 677 642 888 Canada Unit value 720 661 903 Spain Unit value 689 693 1,010 Georgia Unit value 594 590 862 Chile Unit value 16,154 729 892 United Kingdom Unit value 767 751 1,049 Portugal Unit value 677 665 948 Ireland Unit value 694 691 999 All other destination markets Unit value 910 798 1,107 All destination markets Unit value 822 755 1,028 United States Share of quantity 64.6 61.8 65.1 Israel Share of quantity 8.4 9.6 8.9 Canada Share of quantity 2.1 3.0 5.1 Spain Share of quantity 4.8 3.7 3.3 Georgia Share of quantity 2.7 2.7 2.2 Chile Share of quantity 0.0 0.2 1.9 United Kingdom Share of quantity 2.4 2.2 1.6 Portugal Share of quantity 1.9 1.3 1.6 Ireland Share of quantity 1.1 0.8 0.8 All other destination markets Share of quantity 12.0 14.6 9.4 All destination markets Share of quantity 100.0 100.0 100.0 Source: Official exports statistics under HS subheading 7317.00 as reported by State Institute of Statistics in the Global Trade Atlas database, accessed August 18, 2022. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. United States is shown at the top, all remaining top export destinations shown in descending order of 2021 data. VII-45 Subject countries combined Table VII-32 presents summary data on steel nails operations of the reporting subject producers in the subject countries. During 2019-21, the combined subject countries’ overall capacity increased by *** percent, and was higher by *** percent during interim 2022 than during interim 2021. During 2019-21, the combined subject countries’ overall production of steel nails increased by *** percent, and was higher by *** percent during interim 2022 than during interim 2021. Combined subject countries’ capacity utilization increased by *** percentage points during 2019-21, and was higher during interim 2021 than during interim 2020 by *** percentage points. The majority of combined subject countries’ shipments consisted of exports in each period. Total exports increased by *** percentage points during 2019-21 but were lower during interim 2022 than during interim 2021 by *** percentage points. Home market shipments increased by *** percent during 2019-21 and were higher during the interim 2022 than during interim 2021 by *** percent. Exports to the United States increased by *** percent between 2019 and 2021, and were higher during interim 2022 than during interim 2021 by *** percent. Combined subject countries’ adjusted share of total shipments exported to the United States decreased by *** percentage points during 2019-21, and remained the same during interim 2022 than during interim 2021. The combined subject countries’ 2022 and 2023’s capacity ***, while production ***. ***. VII-46 Table VII-32 Steel nails: Data on the industry in combined subject countries, by period Quantity in short tons Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity *** *** *** *** *** *** *** Production *** *** *** *** *** *** *** End-of-period inventories *** *** *** *** *** *** *** Internal consumption *** *** *** *** *** *** *** Commercial home market shipments *** *** *** *** *** *** *** Home market shipments *** *** *** *** *** *** *** Exports to the United States *** *** *** *** *** *** *** Exports to all other markets *** *** *** *** *** *** *** Export shipments *** *** *** *** *** *** *** Total shipments *** *** *** *** *** *** *** Resales exported to the United States *** *** *** *** *** *** *** Total exports to the United States *** *** *** *** *** *** *** Table continued. VII-47 Table VII-32 Steel nails: Data on the industry in combined subject countries, by period Shares and ratios in percent Item 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Projection 2022 Projection 2023 Capacity utilization ratio *** *** *** *** *** *** *** Inventory ratio to production *** *** *** *** *** *** *** Inventory ratio to total shipments *** *** *** *** *** *** *** Internal consumption share *** *** *** *** *** *** *** Commercial home market shipments share *** *** *** *** *** *** *** Home market shipments share *** *** *** *** *** *** *** Exports to the United States share *** *** *** *** *** *** *** Exports to all other markets share *** *** *** *** *** *** *** Export shipments share *** *** *** *** *** *** *** Total shipments share *** *** *** *** *** *** *** Exports by producers' share of total exports to the United States *** *** *** *** *** *** *** Exports by resellers' share of total exports to the United States *** *** *** *** *** *** *** Adjusted share of total shipments exported to the United States *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as “0.0” represent values greater than zero, but less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. VII-48 U.S. inventories of imported merchandise Table VII-33 presents data on U.S. importers’ reported inventories of steel nails. Inventories of subject imports decreased by *** percent between 2019 and 2021 and were *** percent lower in interim 2022 than in interim 20201. The ratio of subject importers’ inventories to imports decreased from *** percent in 2019 to *** percent in 2021 and was lower in interim 2022 (*** percent) than in interim 2021 (*** percent). VII-49 Table VII-33 Steel nails: U.S. importers’ inventories and their ratio to select items, by source and period Quantity in short tons; ratios in percent Measure Source 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Inventories quantity India *** *** *** *** *** Ratio to imports India *** *** *** *** *** Ratio to U.S. shipments of imports India *** *** *** *** *** Ratio to total shipments of imports India *** *** *** *** *** Inventories quantity Oman *** *** *** *** *** Ratio to imports Oman *** *** *** *** *** Ratio to U.S. shipments of imports Oman *** *** *** *** *** Ratio to total shipments of imports Oman *** *** *** *** *** Inventories quantity Sri Lanka *** *** *** *** *** Ratio to imports Sri Lanka *** *** *** *** *** Ratio to U.S. shipments of imports Sri Lanka *** *** *** *** *** Ratio to total shipments of imports Sri Lanka *** *** *** *** *** Inventories quantity Thailand *** *** *** *** *** Ratio to imports Thailand *** *** *** *** *** Ratio to U.S. shipments of imports Thailand *** *** *** *** *** Ratio to total shipments of imports Thailand *** *** *** *** *** Inventories quantity Turkey *** *** *** *** *** Ratio to imports Turkey *** *** *** *** *** Ratio to U.S. shipments of imports Turkey *** *** *** *** *** Ratio to total shipments of imports Turkey *** *** *** *** *** Table continued. VII-50 Table VII-33 Continued Steel nails: U.S. importers’ inventories and their ratio to select items, by source and period Quantity in short tons; ratios in percent Measure Source 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Inventories quantity Subject *** *** *** *** *** Ratio to imports Subject *** *** *** *** *** Ratio to U.S. shipments of imports Subject *** *** *** *** *** Ratio to total shipments of imports Subject *** *** *** *** *** Inventories quantity Nonsubject *** *** *** *** *** Ratio to imports Nonsubject *** *** *** *** *** Ratio to U.S. shipments of imports Nonsubject *** *** *** *** *** Ratio to total shipments of imports Nonsubject *** *** *** *** *** Inventories quantity All *** *** *** *** *** Ratio to imports All *** *** *** *** *** Ratio to U.S. shipments of imports All *** *** *** *** *** Ratio to total shipments of imports All *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. U.S. importers’ outstanding orders The Commission requested importers to indicate whether they imported or arranged for the importation of steel nails from India, Oman, Sri Lanka, Thailand, Turkey, and all other sources after September 30, 2021. Their reported data is presented in table VII-34. Twenty-two of 30 responding firms indicated that they had arranged such imports. All 15 firms reported arranged imports from subject sources, while 19 firms reported arranged imports from nonsubject sources.17 17 ***. VII-51 Table VII-34 Steel nails: U.S. importers’ actual and arranged imports, by source and period Quantity in short tons Source Apr- Jun 2022 (Actual) Jul-Sep 2022 (Arranged) Oct-Dec 2022 (Arranged) Jan-Mar 2023 (Arranged) Total India 14,991 *** *** *** *** Oman 30,061 *** *** *** *** Sri Lanka 10,185 *** *** *** *** Thailand 19,310 *** *** *** *** Turkey 17,826 *** *** *** *** Subject sources 92,373 *** *** *** *** Nonsubect sources 168,359 *** *** *** *** All import sources 260,732 *** *** *** *** Source: Compiled from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022 for April to June 2022 data. Imports are based on the imports for consumption data series. Value data reflect landed duty-paid values. Also, compiled from data submitted in response to Commission questionnaires for July 2022 to March 2023 data. Third-country trade actions Based on available information,18 steel nails from India, Oman, Sri Lanka, Thailand, and Turkey have not been subject to antidumping or countervailing duty investigations outside the United States.19 18 World Trade Organization (“WTO”), “Anti-dumping,” https://www.wto.org/english/tratop_e/adp_e/adp_e.htm, retrieved January 25, 2022; and WTO, “Subsidies and Countervailing Measures,” https://www.wto.org/english/tratop_e/scm_e/scm_e.htm, retrieved January 25, 2022. 19 Conference transcript, p. 123 (Jeong). VII-52 Information on nonsubject countries Industry research also found no sources for information on global prices or production of steel nails. Table VII-35 presents global export data for HS 7317.00, a category that includes steel nails and out-of-scope products (by subject countries alphabetically and followed by nonsubject sources in descending order of quantity for 2021). The largest global exporter of steel nails is China, which represented 54.9 percent of global exports, by quantity, in 2021. Exports by the five subject countries represented 15.2 percent of all exports in 2021. Among nonsubject countries, Poland is the second largest supplier after China, representing 4.0 percent of global exports, by quantity, in 2021. VII-53 Table VII-35 Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Global exports, by reporting country and by period Quantity in short tons; Value in 1,000 dollars Exporting country Measure 2019 2020 2021 United States Quantity 26,596 21,793 21,630 India Quantity 25,442 21,728 43,664 Oman Quantity 78,189 74,881 92,672 Sri Lanka Quantity 29,850 30,504 34,053 Thailand Quantity 51,993 60,009 73,402 Turkey Quantity 78,439 85,515 99,788 Subject sources Quantity 263,912 272,638 343,579 China Quantity 1,078,487 1,095,740 1,237,928 Poland Quantity 67,709 76,719 90,768 Taiwan Quantity 66,948 56,630 64,651 Malaysia Quantity 56,982 42,570 59,918 Lithuania Quantity 41,182 42,647 56,351 Belarus Quantity 49,171 53,031 55,855 South Korea Quantity 49,642 51,624 54,301 Germany Quantity 35,988 34,221 41,444 All other exporters Quantity 278,387 347,087 249,996 All reporting exporters Quantity 1,988,408 2,072,906 2,254,792 United States Value 69,398 59,722 62,576 India Value 45,453 35,152 67,892 Oman Value 95,244 86,933 125,014 Sri Lanka Value 39,725 33,973 46,660 Thailand Value 57,506 63,500 87,734 Turkey Value 64,490 64,530 102,559 Subject sources Value 302,417 284,089 429,858 China Value 1,517,736 1,621,792 1,999,335 Poland Value 82,120 93,460 128,652 Taiwan Value 100,196 85,234 106,611 Malaysia Value 50,969 37,915 63,685 Lithuania Value 36,518 35,545 72,742 Belarus Value 31,748 30,867 50,425 South Korea Value 60,455 59,599 81,973 Germany Value 125,475 113,421 144,856 All other exporters Value 719,250 724,120 845,795 All reporting exporters Value 3,026,884 3,086,042 3,923,932 Table continued. VII-54 Table VII-28 Continued Nails, Tacks, Drawing Pins, Staples (Other Than In Strips), And Similar Articles, Of Iron Or Steel: Global exports, by reporting country and by period Unit values in dollars per short ton; Shares in percent Exporting country Measure 2019 2020 2021 United States Unit value 2,609 2,740 2,893 India Unit value 1,787 1,618 1,555 Oman Unit value 1,218 1,161 1,349 Sri Lanka Unit value 1,331 1,114 1,370 Thailand Unit value 1,106 1,058 1,195 Turkey Unit value 822 755 1,028 Subject sources Unit value 1,146 1,042 1,251 China Unit value 1,407 1,480 1,615 Poland Unit value 1,213 1,218 1,417 Taiwan Unit value 1,497 1,505 1,649 Malaysia Unit value 894 891 1,063 Lithuania Unit value 887 833 1,291 Belarus Unit value 646 582 903 South Korea Unit value 1,218 1,154 1,510 Germany Unit value 3,487 3,314 3,495 All other exporters Unit value 2,584 2,086 3,383 All reporting exporters Unit value 1,522 1,489 1,740 United States Share of quantity 1.3 1.1 1.0 India Share of quantity 1.3 1.0 1.9 Oman Share of quantity 3.9 3.6 4.1 Sri Lanka Share of quantity 1.5 1.5 1.5 Thailand Share of quantity 2.6 2.9 3.3 Turkey Share of quantity 3.9 4.1 4.4 Subject sources Share of quantity 13.3 13.2 15.2 China Share of quantity 54.2 52.9 54.9 Poland Share of quantity 3.4 3.7 4.0 Taiwan Share of quantity 3.4 2.7 2.9 Malaysia Share of quantity 2.9 2.1 2.7 Lithuania Share of quantity 2.1 2.1 2.5 Belarus Share of quantity 2.5 2.6 2.5 South Korea Share of quantity 2.5 2.5 2.4 Germany Share of quantity 1.8 1.7 1.8 All other exporters Share of quantity 14.0 16.7 11.1 All reporting exporters Share of quantity 100.0 100.0 100.0 Source: Official export statistics under HS subheading 7317.00 reported by various national statistical authorities in the Global Trade Atlas database, accessed January 10, 2022 and official global import VII-55 statistics from Oman (constructed exports) under HS subheading 7317.00 as reported by various national statistical authorities in the Global Trade Atlas database, accessed July 14, 2022. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. United States is shown at the top followed by the countries under investigation, all remaining top exporting countries shown in descending order of 2021 data. These data are believed to be overstated as HS subheading 7317.00 contains products outside the scope of these investigations (e.g., thumb tacks). A-1 APPENDIX A FEDERAL REGISTER NOTICES A-3 The Commission makes available notices relevant to its investigations and reviews on its website, www.usitc.gov. In addition, the following tabulation presents, in chronological order, Federal Register notices issued by the Commission and Commerce during the current proceeding. Citation Title Link 87 FR 997, January 7, 2022 Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-01-07/pdf/2022- 00085.pdf 87 FR 3965, January 22, 2022 Certain Steel Nails From India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-01-26/pdf/2022- 01494.pdf 87 FR 3970, January 22, 2022 Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-01-26/pdf/2022- 01509.pdf 87 FR 34654, June 7, 2022 Certain Steel Nails From India: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12188.pdf 87 FR 34639, June 7, 2022 Certain Steel Nails From the Sultanate of Oman: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12190.pdf 87 FR 34645, June 7, 2022 Certain Steel Nails From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12189.pdf 87 FR 34651, June 7, 2022 Certain Steel Nails From Thailand: Preliminary Negative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12187.pdf A-4 Citation Title Link 87 FR 34649, June 7, 2022 Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-06-07/pdf/2022- 12191.pdf 87 FR 36882, June 21, 2022 Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti- Dumping Duty Investigations https://www.govinfo.g ov/content/pkg/FR- 2022-06-21/pdf/2022- 12953.pdf 87 FR 47719, August 4, 2022 Certain Steel Nails From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16723.pdf 87 FR 47701, August 4, 2022 Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16722.pdf 87 FR 47708, August 4, 2022 Certain Steel Nails From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16720.pdf 87 FR 47699, August 4, 2022 Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value https://www.govinfo.g ov/content/pkg/FR- 2022-08-04/pdf/2022- 16721.pdf 87 FR 51333, August 22, 2022 Certain Steel Nails From India: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18045.pdf 87 FR 51335, August 22, 2022 Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18051.pdf 87 FR 51337, August 22, 2022 Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18050.pdf A-5 Citation Title Link 87 FR 51339, August 22, 2022 Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18053.pdf 87 FR 51343, August 22, 2022 Certain Steel Nails From Thailand: Final Negative Countervailing Duty Determination https://www.govinfo.g ov/content/pkg/FR- 2022-08-22/pdf/2022- 18052.pdf 87 FR 55036, September 8, 2022 Steel Nails From Thailand; Termination of Investigation https://www.govinfo.g ov/content/pkg/FR- 2022-09-08/pdf/2022- 19428.pdf B-1 APPENDIX B LIST OF HEARING WITNESSES B-3 CALENDAR OF PUBLIC HEARING Those listed below appeared in the United States International Trade Commission’s hearing via videoconference: Subject: Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey Inv. Nos.: 701-TA-673-677 and 731-TA-1580-1583 (Final) Date and Time: August 17, 2022 - 9:30 a.m. FOREIGN GOVERNMENT WITNESS: The Republic of Turkey Ministry of Trade Burak Güreşci, Head of Department, Directorate General for Imports OPENING REMARKS: In Support of Imposition (Matthew L. Kanna, Greenberg Traurig, LLP) In Opposition to Imposition (Nithya Nagarajan, Husch Blackwell LLP) In Support of Imposition of Antidumping and Countervailing Duty Orders: Greenberg Traurig, LLP Washington, DC on behalf of Mid Continent Steel & Wire Inc. (“Mid Continent”) Chris Pratt, U.S. Operations General Manager, Mid Continent George Skarich, Vice President of Sales, Mid Continent Vince Lockhart, Plant Manager, Mid Continent Remy Stachowiak, President and Chief Operating Officer, Tree Island Steel Chris Frantzen, Sales Manager, U.S. Residential Market, Tree Island Steel B-4 In Support of Imposition of Antidumping and Countervailing Duty Orders (continued): Joe Faron, Vice President of North American Field Sales, KYOCERA SENCO Industrial Tools, Inc. Jennifer Lutz, Partner, ION Economics, LLC Susannah Perkins, Economic Consultant, ION Economics, LLC Rosa S. Jeong ) ) – OF COUNSEL Matthew L. Kanna ) In Opposition to Imposition of Antidumping and Countervailing Duty Orders: Husch Blackwell, LLP Washington, DC on behalf of PrimeSource Building Products, Inc. Steel & Wire Northeast, LP Scott Smith, Chief Commercial Officer, PrimeSource Building Products, Inc. Nikki Betts, Senior Director Global Sourcing, PrimeSource Building Products, Inc. Mark Buedel, President of Steel Products, Steel & Wire Northeast, LP Thomas J. Prusa, Economic Consultant, Economic Consultant, Rutgers University Nithya Nagarajan ) ) – OF COUNSEL Jeffrey S. Neeley ) Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Washington, DC on behalf of Trinity Steel Pvt. Ltd. (“Trinity Steel”) The Hillman Group Arun Miranda, Managing Director, Trinity Steel B-5 In Opposition to Imposition of Antidumping and Countervailing Duty Orders (continued): Meagan Jump, Trade and Customs Manager, The Hillman Group Doug Rhodus, Senior Director of Sourcing, The Hillman Group Ned H. Marshak ) ) – OF COUNSEL William F. Marshall ) REBUTTAL/CLOSING REMARKS: In Support of Imposition (Rosa S. Jeong, Greenberg Traurig, LLP) In Opposition to Imposition (Jeffrey S. Neeley, Husch Blackwell LLP) -END- C-1 APPENDIX C SUMMARY DATA Table C-1 Steel nails: Summary data concerning the U.S. market, by item and period Jan-Mar Item 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. consumption quantity: Amount...................................................... 806,843 881,972 1,025,286 240,721 265,527 ▲27.1 ▲9.3 ▲16.2 ▲10.3 Producers' share (fn1).............................. 14.9 15.5 12.9 14.9 11.1 ▼(2.0) ▲0.6 ▼(2.6) ▼(3.8) Importers' share (fn1): India...................................................... 4.2 3.2 4.0 3.5 4.6 ▼(0.2) ▼(1.0) ▲0.8 ▲1.1 Oman.................................................... 9.1 8.2 8.8 9.7 8.9 ▼(0.2) ▼(0.9) ▲0.7 ▼(0.8) Sri Lanka.............................................. 3.6 3.5 3.4 3.4 3.1 ▼(0.2) ▼(0.1) ▼(0.1) ▼(0.3) Thailand................................................ 5.0 5.5 5.6 4.5 5.3 ▲0.6 ▲0.6 ▲0.1 ▲0.8 Turkey................................................... 6.0 5.9 5.6 5.8 6.1 ▼(0.4) ▼(0.1) ▼(0.3) ▲0.2 Subject sources............................... 27.7 26.3 27.4 27.0 28.0 ▼(0.3) ▼(1.4) ▲1.1 ▲1.0 Subject sources less Sri Lanka....... 24.2 22.8 24.0 23.6 24.9 ▼(0.1) ▼(1.4) ▲1.2 ▲1.4 Nonsubject sources......................... 57.3 58.2 59.7 58.1 60.9 ▲2.3 ▲0.8 ▲1.5 ▲2.8 Nonsubject sources plus Sri Lanka. 60.9 61.7 63.1 61.5 64.0 ▲2.2 ▲0.8 ▲1.4 ▲2.5 All import sources........................ 85.1 84.5 87.1 85.1 88.9 ▲2.0 ▼(0.6) ▲2.6 ▲3.8 U.S. consumption value: Amount...................................................... 1,102,753 1,124,036 1,604,000 315,911 516,879 ▲45.5 ▲1.9 ▲42.7 ▲63.6 Producers' share (fn1).............................. 19.1 19.7 17.6 20.2 15.5 ▼(1.5) ▲0.6 ▼(2.1) ▼(4.6) Importers' share (fn1): India...................................................... 3.6 2.6 3.3 2.8 3.8 ▼(0.3) ▼(1.0) ▲0.7 ▲1.0 Oman.................................................... 8.9 8.3 8.3 9.2 8.4 ▼(0.6) ▼(0.6) ▼(0.0) ▼(0.8) Sri Lanka.............................................. 2.9 2.6 2.4 2.6 2.4 ▼(0.6) ▼(0.3) ▼(0.2) ▼(0.2) Thailand................................................ 4.3 5.3 5.1 4.3 4.9 ▲0.8 ▲0.9 ▼(0.1) ▲0.6 Turkey................................................... 4.5 4.6 4.7 4.6 5.2 ▲0.2 ▲0.1 ▲0.1 ▲0.6 Subject sources............................... 24.3 23.4 23.8 23.4 24.7 ▼(0.5) ▼(0.9) ▲0.4 ▲1.3 Subject sources less Sri Lanka....... 21.3 20.8 21.4 20.9 22.3 ▲0.0 ▼(0.6) ▲0.6 ▲1.5 Nonsubject sources......................... 56.7 56.9 58.7 56.4 59.8 ▲2.0 ▲0.3 ▲1.8 ▲3.3 Nonsubject sources plus Sri Lanka. 59.6 59.6 61.1 59.0 62.2 ▲1.5 ▼(0.0) ▲1.5 ▲3.2 All import sources........................ 80.9 80.3 82.4 79.8 84.5 ▲1.5 ▼(0.6) ▲2.1 ▲4.6 U.S. imports from: India: Quantity................................................ 33,690 28,443 41,174 8,356 12,183 ▲22.2 ▼(15.6) ▲44.8 ▲45.8 Value..................................................... 39,613 29,313 52,419 8,810 19,827 ▲32.3 ▼(26.0) ▲78.8 ▲125.0 Unit value.............................................. $1,176 $1,031 $1,273 $1,054 $1,627 ▲8.3 ▼(12.4) ▲23.5 ▲54.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Oman: Quantity................................................ 73,189 72,119 90,554 23,407 23,761 ▲23.7 ▼(1.5) ▲25.6 ▲1.5 Value..................................................... 98,308 93,133 132,805 28,997 43,160 ▲35.1 ▼(5.3) ▲42.6 ▲48.8 Unit value.............................................. $1,343 $1,291 $1,467 $1,239 $1,816 ▲9.2 ▼(3.9) ▲13.6 ▲46.6 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▲*** ▲*** ▼*** Sri Lanka: Quantity................................................ 28,746 30,891 34,631 8,170 8,177 ▲20.5 ▲7.5 ▲12.1 ▲0.1 Value..................................................... 32,507 29,671 38,432 8,070 12,311 ▲18.2 ▼(8.7) ▲29.5 ▲52.6 Unit value.............................................. $1,131 $960 $1,110 $988 $1,505 ▼(1.9) ▼(15.1) ▲15.5 ▲52.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▲*** ▼*** ▼*** Thailand: Quantity................................................ 40,035 48,715 57,365 10,927 14,196 ▲43.3 ▲21.7 ▲17.8 ▲29.9 Value..................................................... 47,869 59,139 82,479 13,669 25,548 ▲72.3 ▲23.5 ▲39.5 ▲86.9 Unit value.............................................. $1,196 $1,214 $1,438 $1,251 $1,800 ▲20.2 ▲1.5 ▲18.4 ▲43.9 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▲*** ▲*** Turkey: Quantity................................................ 48,164 51,758 57,320 14,072 16,093 ▲19.0 ▲7.5 ▲10.7 ▲14.4 Value..................................................... 49,338 51,768 75,044 14,425 26,958 ▲52.1 ▲4.9 ▲45.0 ▲86.9 Unit value.............................................. $1,024 $1,000 $1,309 $1,025 $1,675 ▲27.8 ▼(2.4) ▲30.9 ▲63.4 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Table continued. C-3 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years Table C-1 Continued Steel nails: Summary data concerning the U.S. market, by item and period Jan-Mar Item 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. imports from:--Continued Subject sources: Quantity................................................ 223,822 231,925 281,044 64,932 74,410 ▲25.6 ▲3.6 ▲21.2 ▲14.6 Value..................................................... 267,634 263,024 381,180 73,970 127,803 ▲42.4 ▼(1.7) ▲44.9 ▲72.8 Unit value.............................................. $1,196 $1,134 $1,356 $1,139 $1,718 ▲13.4 ▼(5.2) ▲19.6 ▲50.8 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Subject sources less Sri Lanka: Quantity................................................ 195,077 201,034 246,413 56,763 66,232 ▲26.3 ▲3.1 ▲22.6 ▲16.7 Value..................................................... 235,127 233,353 342,747 65,900 115,492 ▲45.8 ▼(0.8) ▲46.9 ▲75.3 Unit value.............................................. $1,205 $1,161 $1,391 $1,161 $1,744 ▲15.4 ▼(3.7) ▲19.8 ▲50.2 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▼*** ▼*** Nonsubject sources: Quantity................................................ 462,687 513,192 611,955 139,922 161,734 ▲32.3 ▲10.9 ▲19.2 ▲15.6 Value..................................................... 624,765 639,870 941,317 178,280 308,938 ▲50.7 ▲2.4 ▲47.1 ▲73.3 Unit value.............................................. $1,350 $1,247 $1,538 $1,274 $1,910 ▲13.9 ▼(7.7) ▲23.4 ▲49.9 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** Nonsubject sources plus Sri Lanka: Quantity................................................ 491,433 544,083 646,586 148,092 169,911 ▲31.6 ▲10.7 ▲18.8 ▲14.7 Value..................................................... 657,273 669,540 979,749 186,349 321,248 ▲49.1 ▲1.9 ▲46.3 ▲72.4 Unit value.............................................. $1,337 $1,231 $1,515 $1,258 $1,891 ▲13.3 ▼(8.0) ▲23.1 ▲50.3 Ending inventory quantity..................... *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** All import sources: Quantity................................................ 686,510 745,117 892,999 204,855 236,144 ▲30.1 ▲8.5 ▲19.8 ▲15.3 Value..................................................... 892,399 902,894 1,322,497 252,250 436,741 ▲48.2 ▲1.2 ▲46.5 ▲73.1 Unit value.............................................. $1,300 $1,212 $1,481 $1,231 $1,849 ▲13.9 ▼(6.8) ▲22.2 ▲50.2 Ending inventory quantity..................... *** *** *** *** *** ▼*** ▼*** ▲*** ▲*** U.S. producers': Average capacity quantity........................ 182,291 149,362 158,238 39,223 42,043 ▼(13.2) ▼(18.1) ▲5.9 ▲7.2 Production quantity................................... 120,782 135,410 131,039 34,321 32,481 ▲8.5 ▲12.1 ▼(3.2) ▼(5.4) Capacity utilization (fn1)........................... 66.3 90.7 82.8 87.5 77.3 ▲16.6 ▲24.4 ▼(7.8) ▼(10.2) U.S. shipments: Quantity................................................ 120,333 136,855 132,287 35,866 29,383 ▲9.9 ▲13.7 ▼(3.3) ▼(18.1) Value..................................................... 210,354 221,142 281,503 63,661 80,138 ▲33.8 ▲5.1 ▲27.3 ▲25.9 Unit value.............................................. $1,748 $1,616 $2,128 $1,775 $2,727 ▲21.7 ▼(7.6) ▲31.7 ▲53.7 Export shipments: Quantity................................................ *** *** *** *** *** ▲*** ▲*** ▲*** ▼*** Value..................................................... *** *** *** *** *** ▲*** ▲*** ▲*** ▲*** Unit value.............................................. *** *** *** *** *** ▲*** ▼*** ▲*** ▲*** Ending inventory quantity......................... 21,562 18,626 15,792 16,573 18,817 ▼(26.8) ▼(13.6) ▼(15.2) ▲13.5 Inventories/total shipments (fn1).............. *** *** *** *** *** ▼*** ▼*** ▼*** ▲*** Production workers................................... 796 711 736 754 725 ▼(7.5) ▼(10.7) ▲3.5 ▼(3.8) Hours worked (1,000s)............................. 1,484 1,549 1,605 415 384 ▲8.2 ▲4.4 ▲3.6 ▼(7.5) Wages paid ($1,000)................................ 24,777 25,075 28,209 7,292 7,206 ▲13.9 ▲1.2 ▲12.5 ▼(1.2) Hourly wages (dollars per hour)............... $16.70 $16.19 $17.58 $17.57 $18.77 ▲5.3 ▼(3.0) ▲8.6 ▲6.8 Productivity (short tons per 1,000 hours). 81.4 87.4 81.6 82.7 84.6 ▲0.3 ▲7.4 ▼(6.6) ▲2.3 Unit labor costs......................................... $205 $185 $215 $212 $222 ▲4.9 ▼(9.7) ▲16.3 ▲4.4 Table continued. C-4 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years Table C-1 Continued Steel nails: Summary data concerning the U.S. market, by period Jan-Mar 2019 2020 2021 2021 2022 2019-21 2019-20 2020-21 2021-22 U.S. producers':--Continued Net sales: Quantity................................................ 121,487 138,264 133,731 36,429 29,723 ▲10.1 ▲13.8 ▼(3.3) ▼(18.4) Value..................................................... 214,984 226,645 288,235 65,531 82,171 ▲34.1 ▲5.4 ▲27.2 ▲25.4 Unit value.............................................. $1,770 $1,639 $2,155 $1,799 $2,765 ▲21.8 ▼(7.4) ▲31.5 ▲53.7 Cost of goods sold (COGS)..................... 176,105 183,056 215,200 50,052 59,723 ▲22.2 ▲3.9 ▲17.6 ▲19.3 Gross profit or (loss) (fn2)........................ 38,879 43,589 73,035 15,479 22,448 ▲87.9 ▲12.1 ▲67.6 ▲45.0 SG&A expenses....................................... 26,793 25,300 28,664 6,531 7,411 ▲7.0 ▼(5.6) ▲13.3 ▲13.5 Operating income or (loss) (fn2).............. 12,086 18,289 44,371 8,948 15,037 ▲267.1 ▲51.3 ▲142.6 ▲68.0 Net income or (loss) (fn2)......................... 12,631 18,858 44,970 9,424 15,295 ▲256.0 ▲49.3 ▲138.5 ▲62.3 Unit COGS................................................ $1,450 $1,324 $1,609 $1,374 $2,009 ▲11.0 ▼(8.7) ▲21.5 ▲46.2 Unit SG&A expenses................................ $221 $183 $214 $179 $249 ▼(2.8) ▼(17.0) ▲17.1 ▲39.1 Unit operating income or (loss) (fn2)....... $99 $132 $332 $246 $506 ▲233.5 ▲33.0 ▲150.8 ▲106.0 Unit net income or (loss) (fn2).................. $104 $136 $336 $259 $515 ▲223.4 ▲31.2 ▲146.5 ▲98.9 COGS/sales (fn1)..................................... 81.9 80.8 74.7 76.4 72.7 ▼(7.3) ▼(1.1) ▼(6.1) ▼(3.7) Operating income or (loss)/sales (fn1).... 5.6 8.1 15.4 13.7 18.3 ▲9.8 ▲2.4 ▲7.3 ▲4.6 Net income or (loss)/sales (fn1)............... 5.9 8.3 15.6 14.4 18.6 ▲9.7 ▲2.4 ▲7.3 ▲4.2 Capital expenditures................................. 5,119 7,448 6,854 *** 1,726 ▲33.9 ▲45.5 ▼(8.0) ▲*** Research and development expenses.... *** *** *** *** *** ▲*** ▲*** ▲*** ▲*** Net assets................................................. 272,612 286,192 329,212 NA NA ▲20.8 ▲5.0 ▲15.0 NA fn1.--Reported data are in percent and period changes are in percentage points. Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than “(0.05)” percent (if negative). Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. fn2.--Percent changes only calculated when both comparison values represent profits; The directional change in profitability provided when one or both comparison values represent a loss. Source: Compiled from data submitted in response to Commission questionnaires and from official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed August 18, 2022. Imports are based on the imports for consumption data series. Imports value data reflect landed duty-paid values. 508-compliant tables containing these data are contained in parts III, IV, VI, and VII of this report. C-5 Quantity=short tons; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per short ton; Period changes=percent--exceptions noted Reported data Period changes Calendar year Jan-Mar Comparison years D-1 APPENDIX D SECTION 232 ACTIONS D-3 Table D-1 Section 232 national-security tariff actions: Presidential proclamations affecting imports of steel articles, since April 2017 Trade partner Effective date and duration Tariff action Federal Register Notice Not applicable April 19, 2017 The U.S. Department of Commerce (“Commerce”) announced the institution of an investigation, by its U.S. Bureau of Industry and Security (“BIS”), into the potential impact of imported steel mill products on national security under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). 82 FR 19205 Not applicable January 11, 2018 The Secretary of Commerce submitted the BIS Section 232 steel imports report to the President. 83 FR 11625 General action March 23, 2018, to present The President imposed 25 percent ad valorem national-security duties on U.S. steel imports. 83 FR 11625 Argentina March 23, 2018, to April 30, 2018 Exempted from duties. 83 FR 13361 Argentina May 1, 2018, to May 31, 2018 Exemption from duties continued. 83 FR 20683 Argentina June 1, 2018, to present Exemption from duties continued, but subject to annual absolute quota limits. 83 FR 25857 Australia March 23, 2018, to April 30, 2018 Exempted from duties. 83 FR 13361 Australia May 1, 2018, to May 31, 2018 Exemption from duties continued. 83 FR 20683 Australia June 1, 2018, to present Exemption from duties continued. 83 FR 40429 Brazil March 23, 2018, to April 30, 2018 Exempted from duties. 83 FR 13361 Brazil May 1, 2018, to May 31, 2018 Exemption from duties continued. 83 FR 20683 Brazil June 1, 2018, to present Exemption from duties continued, but subject to annual absolute quota limits. 83 FR 25857 Canada March 23, 2018, to May 31, 2018 Exempted from duties. 83 FR 11625 Canada June 1, 2018, to May 19, 2019 Exemption from duties not continued. 83 FR 20683 Canada May 20, 2019, to present Exemption from duties reinstated. 84 FR 23987 European Union (“EU”) member countries March 23, 2018, to April 30, 2018 Exempted from duties. 83 FR 13361 EU member countries May 1, 2018, to May 31, 2018 Exemption from duties continued. 83 FR 20683 EU member countries June 1, 2018, to December 31, 2021 Exemption from duties not continued. 83 FR 20683 EU member countries January 1, 2022, to December 31, 2023 Exempted from duties, but each EU member country subject to individual tariff rate quotas and a “melt and pour” requirement. 87 FR 11 Table D-1 continued Section 232 national-security tariff actions: Presidential proclamations affecting imports of steel articles, since April 2017 Trade partner Effective date and duration Tariff action Federal Register Notice Japan April 1, 2022, to present Exempted from duties, but subject to tariff rate quotas and a “melt and pour” requirement. 87 FR 19351 Mexico March 23, 2018, to May 31, 2018 Exempted from duties. 83 FR 11625 Mexico June 1, 2018, to May 19, 2019 Exemption from duties not continued. 83 FR 20683 Mexico May 20, 2019, to present Exemption from duties reinstated. 84 FR 23987 South Korea March 23, 2018, to April 30, 2018 Exempted from duties. 83 FR 13361 South Korea May 1, 2018, to present Exemption from duties continued, but subject to annual absolute quota limits. 83 FR 20683 Turkey August 13, 2018, to May 20, 2019 Duty rate doubled to 50 percent ad valorem. 83 FR 40429 Turkey May 21, 2019, to present Duty rate reduced from 50 percent to 25 percent ad valorem. 84 FR 23421 Ukraine June 1, 2022, to June 1, 2023 Exempted from duties for one year. 87 FR 33407 United Kingdom March 23, 2018, to April 30, 2018 Exempted from duties for EU member countries including the United Kingdom. 83 FR 13361 United Kingdom May 1, 2018, to May 31, 2018 Exemption from duties continued for EU member countries including the United Kingdom. 83 FR 20683 United Kingdom June 1, 2018 to May 31, 2022 Exemption from duties not continued for EU member countries including the United Kingdom. 83 FR 20683 United Kingdom June 1, 2022, to present Exemption from duties reinstated, but subject to tariff rate quotas and a “melt and pour” requirement. 87 FR 33591 Sources: Notice Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Steel, 82 FR 19205, April 26, 2017. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9705, March 8, 2018, 83 FR 11625, March 15, 2018. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9711, March 22, 2018, 83 FR 13361, March 28, 2018. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9740, April 30, 2018, 83 FR 20683, May 7, 2018. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9759, May 31, 2018, 83 FR 25857, June 5, 2018. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9772, August 10, 2018, 83 FR 40429, August 15, 2018. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9886, May 16, 2019, 84 FR 23421, May 21, 2019. Adjusting Imports of Steel Into the United States, Presidential Proclamation 9894, May 19, 2019, 84 FR 23987, May 23, 2019. Adjusting Imports of Steel Into the United States, Presidential Proclamation 10328, December 27, 2021, 87 FR 11, January 3, 2022. D-4 Adjusting Imports of Steel Into the United States, Presidential Proclamation 10356, March 31, 2022, 87 FR 19351, April 1, 2022. Adjusting Imports of Steel Into the United States, Presidential Proclamation 10403, May 27, 2022, 87 FR 33407, June 2, 2022. Adjusting Imports of Steel Into the United States, Presidential Proclamation 10406, May 31, 2022, 87 FR 33591, June 3, 2022. Note 1: Presidential Proclamation 9705 (clause (1)) defined ”steel articles” at the Harmonized Tariff Schedule of the United States (“HTS”) 6-digit level as: 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent revisions to these HTS classifications. Note 2: The United Kingdom officially completed its withdrawal from EU membership on January 31, 2021. EU, “Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,” Official Journal of the European Union, L 29/7, January 31, 2020, https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:12020W/TXT. Note 3: Presidential Proclamation 9705, March 8, 2018, granted the Secretary of Commerce the authority to exclude steel articles for which there is a lack of domestic production, or to exclude steel articles from such restrictions for specific national security considerations (83 FR 11625, March 15, 2018). The BIS published an interim final rule establishing this exclusion process (83 FR 46026, September 11, 2018). Note 4: Presidential Proclamation 9980, January 24, 2020, expanded the scope of the Section 232 measures to include imports of certain derivative (fabricated) steel articles, effective February 8, 2020 (85 FR 5281, January 29, 2020). Note 5: Presidential Proclamation 10328, December 27, 2021, specified that steel articles must be “melted and poured” in an EU member country to qualify for duty-free in-quota treatment (87 FR 11, January 3, 2022). Note 6: Presidential Proclamation 10356, March 31, 2022, specified that steel articles must be “melted and poured” in Japan to qualify for duty-free in-quota treatment (87 FR 19351, April 1, 2022). Note 7: Presidential Proclamation 10406, May 31, 2022, specified that steel articles must be “melted and poured” in the United Kingdom (“UK”) to qualify for duty-free in-quota treatment. Steel articles originating in an EU member country, but contains steel melted and poured in the United Kingdom, can qualify for duty-free in-UK sub-quota treatment (87 FR 33591, June 3, 2022). D-5 E-1 APPENDIX E ADDITIONAL TABLES REGARDING SUPPLY, DEMAND, AND COUNTRY-SOURCE COMPARISONS E-3 This appendix contains tables related to supply, demand, and country-source comparisons that were referenced in Part II. Tables E-1, E-2, and E-3 present firm-specific responses describing supply constraints in the steel nails market. Table E-4 presents data used to create figure II-4 concerning housing under construction and table E-5 presents data used to create figure II-5 concerning GDP growth rates. Finally, Table E-6 presents comparisons regarding product from subject countries and nonsubject countries on the 16 factors presented in Part II. E-4 Table E-1 (for Figure II-1) Unfulfilled purchases: Count of purchasers reporting unfulfilled purchases, by unfulfilled percentage, January 2019- June 2022 (June numbers are preliminary) Percent of desired but unfulfilled purchases 2019 2020 2021 Jan – Mar 2022 0.0 percent 37 34 25 22 0.1 to 5.0 percent 2 0 2 3 5.1 to 10.0 percent 2 2 3 4 10.1 to 15.0 percent 1 2 2 2 15.1 to 20.0 percent 1 2 5 4 20.1 to 25.0 percent 1 2 4 3 More than 25.0 percent 0 3 4 6 Source: Compiled from data submitted in response to Commission questionnaires. Table E-2: (for Figure II-2) Supply constraints: Count of purchasers reporting frequency of domestic supply constraints, by specific period Period Firm type Frequently Occasionally Infrequently Never 2017-18 Purchasers 8 3 5 24 2019 H1 Purchasers 10 2 5 24 2019 H2 Purchasers 10 3 7 20 2020 H1 Purchasers 12 7 5 17 2020 H2 Purchasers 17 7 5 13 2021 H1 Purchasers 22 7 3 10 2021 H2 Purchasers 21 10 0 11 2022 YTD Purchasers 21 8 1 12 2017-18 Producers 0 0 2 7 2019 H1 Producers 1 0 1 7 2019 H2 Producers 1 0 1 7 2020 H1 Producers 0 0 3 6 2020 H2 Producers 1 2 3 3 2021 H1 Producers 3 2 2 2 2021 H2 Producers 3 3 2 1 2022 YTD Producers 2 4 1 2 Source: Compiled from data submitted in response to Commission questionnaires. E-5 Table E-3: (for Figure II-3) Supply constraints: Count of purchasers reporting frequency of subject source supply constraints, by specific period Period Firm type Frequently Occasionally Infrequently Never 2017-18 Purchasers 0 3 7 28 2019 H1 Purchasers 0 3 8 27 2019 H2 Purchasers 0 3 8 27 2020 H1 Purchasers 4 7 5 23 2020 H2 Purchasers 10 6 7 17 2021 H1 Purchasers 14 8 3 15 2021 H2 Purchasers 16 9 0 15 2022 YTD Purchasers 12 9 3 14 2017-18 Importers 1 1 5 17 2019 H1 Importers 0 1 7 14 2019 H2 Importers 0 1 7 15 2020 H1 Importers 2 3 6 12 2020 H2 Importers 6 3 4 11 2021 H1 Importers 8 3 2 11 2021 H2 Importers 7 4 2 11 2022 YTD Importers 7 3 3 10 Source: Compiled from data submitted in response to Commission questionnaires. Table E-4: (for Figure II-4) Supply constraints: Count of purchasers reporting frequency of nonsubject source supply constraints, by specific period Period Firm type Frequently Occasionally Infrequently Never 2017-18 Purchasers 0 1 7 30 2019 H1 Purchasers 0 1 7 30 2019 H2 Purchasers 0 1 7 30 2020 H1 Purchasers 5 4 8 22 2020 H2 Purchasers 7 5 8 20 2021 H1 Purchasers 11 9 6 15 2021 H2 Purchasers 16 8 3 13 2022 YTD Purchasers 13 10 2 16 2017-18 Importers 0 1 6 19 2019 H1 Importers 0 1 7 18 2019 H2 Importers 0 1 7 18 2020 H1 Importers 3 3 6 14 2020 H2 Importers 6 5 4 12 2021 H1 Importers 9 5 1 12 2021 H2 Importers 8 6 1 12 2022 YTD Importers 8 5 2 12 Source: Compiled from data submitted in response to Commission questionnaires. E-6 Table E-5 Steel nails: Firms’ descriptions regarding domestic supply constraints during select periods Firm Firm type Description of supply constraints *** Producer *** *** Producer *** *** Producer *** *** Producer *** *** Producer *** *** Producer *** *** Producer *** *** Producer *** *** Producer *** Table continued. E-7 Table E-5 Continued Steel nails: Firms’ descriptions regarding domestic supply constraints during select periods Firm Firm type Description of supply constraints *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Table continued. E-8 Table E-5 Continued Steel nails: Firms’ descriptions regarding domestic supply constraints during select periods Firm Firm type Description of supply constraints *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Table continued. E-9 Table E-5 Continued Steel nails: Firms’ descriptions regarding domestic supply constraints during select periods Firm Firm type Description of supply constraints *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Source: Compiled from data submitted in response to Commission questionnaires. Table E-6 Steel nails: Firms’ descriptions regarding subject import supply constraints during select periods Firm Firm type Description of supply constraints *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** Table continued. E-10 Table E-6 Continued Steel nails: Firms’ descriptions regarding subject import supply constraints during select periods Firm Firm type Description of supply constraints *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** Table continued. E-11 Table E-6 Continued Steel nails: Firms’ descriptions regarding subject import supply constraints during select periods Firm Firm type Description of supply constraints *** Importer *** *** Importer *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Table continued. E-12 Table E-6 Continued Steel nails: Firms’ descriptions regarding subject import supply constraints during select periods Firm Firm type Description of supply constraints *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Source: Compiled from data submitted in response to Commission questionnaires. E-13 Table E-7 Steel nails: Firms’ descriptions regarding nonsubject import supply constraints during select periods Firm Firm type Description of supply constraints *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** Table continued. E-14 Table E-7 Continued Steel nails: Firms’ descriptions regarding nonsubject import supply constraints during select periods Firm Firm type Description of supply constraints *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Importer *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Table continued. E-15 Table E-7 Continued Steel nails: Firms’ descriptions regarding nonsubject import supply constraints during select periods Firm Firm type Description of supply constraints *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Table continued. E-16 Table E-7 Continued Steel nails: Firms’ descriptions regarding nonsubject import supply constraints during select periods Firm Firm type Description of supply constraints *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** *** Purchaser *** Source: Compiled from data submitted in response to Commission questionnaires. E-17 Table E-8 (for Figure II-5) Housing under construction: New privately owned housing units under construction, monthly, seasonally adjusted annual rate, January 2019- June 2022 Year Month Thousand Units under construction 2019 January 1,154 2019 February 1,142 2019 March 1,125 2019 April 1,122 2019 May 1,131 2019 June 1,143 2019 July 1,143 2019 August 1,151 2019 September 1,160 2019 October 1,160 2019 November 1,166 2019 December 1,179 2020 January 1,196 2020 February 1,216 2020 March 1,215 2020 April 1,194 2020 May 1,179 2020 June 1,187 2020 July 1,199 2020 August 1,212 2020 September 1,218 2020 October 1,228 2020 November 1,247 2020 December 1,264 2021 January 1,284 2021 February 1,289 2021 March 1,307 2021 April 1,324 2021 May 1,339 2021 June 1,372 2021 July 1,386 2021 August 1,413 2021 September 1,437 2021 October 1,465 2021 November 1,493 2021 December 1,525 2022 January 1,553 2022 February 1,582 2022 March 1,629 2022 April 1,668 2022 May 1,677 2022 June 1,680 Source: U.S. Census Bureau, found at https://www.census.gov/construction/nrc/index.html, retrieved August 30, 2022. E-18 Table E-9 (for Figure II-6) Real U.S. GDP growth: Percentage change, quarterly, first quarter 2019 to first quarter 2022 Year Quarter Percent change in Real GDP 2019 1 2.4 2019 2 3.2 2019 3 2.8 2019 4 1.9 2020 1 (5.1) 2020 2 (31.2) 2020 3 33.8 2020 4 4.5 2021 1 6.3 2021 2 6.7 2021 3 2.3 2021 4 6.9 2022 1 (1.6) 2022 2 (0.6) Source: U.S. Bureau of Economic Analysis, found at https://www.bea.gov/data/gdp/gross-domestic- product#gdp, retrieved July 22, 2022 E-19 Table E-10 Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability India vs. Oman 1 10 2 Product consistency India vs. Oman 0 9 4 Quality meets industry standards India vs. Oman 0 12 1 Reliability of supply India vs. Oman 0 10 2 Delivery time India vs. Oman 0 10 2 Price India vs. Oman 1 12 0 Product range India vs. Oman 1 8 3 Delivery terms India vs. Oman 1 10 1 Quality exceeds industry standards India vs. Oman 0 12 1 Packaging India vs. Oman 0 9 3 Technical support/service India vs. Oman 0 9 3 Availability of private labeling India vs. Oman 0 11 1 Payment terms India vs. Oman 2 10 0 U.S. transportation costs India vs. Oman 1 11 0 Discounts offered India vs. Oman 0 12 0 Minimum quantity requirements India vs. Oman 0 12 0 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability India vs. Sri Lanka 1 7 0 Product consistency India vs. Sri Lanka 0 8 0 Quality meets industry standards India vs. Sri Lanka 0 7 0 Reliability of supply India vs. Sri Lanka 0 7 0 Delivery time India vs. Sri Lanka 0 7 0 Price India vs. Sri Lanka 0 7 0 Product range India vs. Sri Lanka 0 7 0 Delivery terms India vs. Sri Lanka 0 7 0 Quality exceeds industry standards India vs. Sri Lanka 0 8 0 Packaging India vs. Sri Lanka 0 7 0 Technical support/service India vs. Sri Lanka 0 7 0 Availability of private labeling India vs. Sri Lanka 0 7 0 Payment terms India vs. Sri Lanka 0 7 0 U.S. transportation costs India vs. Sri Lanka 0 7 0 Discounts offered India vs. Sri Lanka 0 6 0 Minimum quantity requirements India vs. Sri Lanka 0 7 0 Table continued. E-20 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability India vs Thailand 3 10 2 Product consistency India vs Thailand 0 14 1 Quality meets industry standards India vs Thailand 0 15 0 Reliability of supply India vs Thailand 2 12 1 Delivery time India vs Thailand 2 12 1 Price India vs Thailand 0 13 2 Product range India vs Thailand 4 9 2 Delivery terms India vs Thailand 2 12 1 Quality exceeds industry standards India vs Thailand 1 12 1 Packaging India vs Thailand 1 11 3 Technical support/service India vs Thailand 1 12 1 Availability of private labeling India vs Thailand 2 12 1 Payment terms India vs Thailand 0 15 0 U.S. transportation costs India vs Thailand 0 15 0 Discounts offered India vs Thailand 0 12 2 Minimum quantity requirements India vs Thailand 0 14 1 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability India vs Turkey 3 12 4 Product consistency India vs Turkey 3 15 1 Quality meets industry standards India vs Turkey 1 18 0 Reliability of supply India vs Turkey 3 16 0 Delivery time India vs Turkey 1 14 3 Price India vs Turkey 0 16 3 Product range India vs Turkey 3 15 0 Delivery terms India vs Turkey 2 16 1 Quality exceeds industry standards India vs Turkey 1 17 0 Packaging India vs Turkey 1 16 2 Technical support/service India vs Turkey 4 15 0 Availability of private labeling India vs Turkey 0 17 2 Payment terms India vs Turkey 2 16 1 U.S. transportation costs India vs Turkey 1 16 1 Discounts offered India vs Turkey 0 16 2 Minimum quantity requirements India vs Turkey 0 19 0 Table continued. E-21 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability India vs Nonsubject 0 16 2 Product consistency India vs Nonsubject 0 16 2 Quality meets industry standards India vs Nonsubject 0 16 1 Reliability of supply India vs Nonsubject 0 16 2 Delivery time India vs Nonsubject 0 13 4 Price India vs Nonsubject 0 17 1 Product range India vs Nonsubject 2 13 2 Delivery terms India vs Nonsubject 0 16 1 Quality exceeds industry standards India vs Nonsubject 0 16 1 Packaging India vs Nonsubject 0 17 1 Technical support/service India vs Nonsubject 1 17 0 Availability of private labeling India vs Nonsubject 0 17 1 Payment terms India vs Nonsubject 1 17 0 U.S. transportation costs India vs Nonsubject 0 17 1 Discounts offered India vs Nonsubject 0 18 0 Minimum quantity requirements India vs Nonsubject 0 18 0 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Oman vs Sri Lanka 1 5 0 Product consistency Oman vs Sri Lanka 1 5 0 Quality meets industry standards Oman vs Sri Lanka 0 6 0 Reliability of supply Oman vs Sri Lanka 1 5 0 Delivery time Oman vs Sri Lanka 1 5 0 Price Oman vs Sri Lanka 0 6 0 Product range Oman vs Sri Lanka 1 5 0 Delivery terms Oman vs Sri Lanka 1 5 0 Quality exceeds industry standards Oman vs Sri Lanka 0 6 0 Packaging Oman vs Sri Lanka 1 5 0 Technical support/service Oman vs Sri Lanka 1 5 0 Availability of private labeling Oman vs Sri Lanka 0 6 0 Payment terms Oman vs Sri Lanka 0 5 1 U.S. transportation costs Oman vs Sri Lanka 0 5 1 Discounts offered Oman vs Sri Lanka 0 6 0 Minimum quantity requirements Oman vs Sri Lanka 0 6 0 Table continued. E-22 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Oman vs. Thailand 2 8 1 Product consistency Oman vs. Thailand 1 9 0 Quality meets industry standards Oman vs. Thailand 1 9 0 Reliability of supply Oman vs. Thailand 1 9 0 Delivery time Oman vs. Thailand 2 8 0 Price Oman vs. Thailand 0 9 1 Product range Oman vs. Thailand 1 9 0 Delivery terms Oman vs. Thailand 2 8 0 Quality exceeds industry standards Oman vs. Thailand 0 10 0 Packaging Oman vs. Thailand 1 9 0 Technical support/service Oman vs. Thailand 1 9 0 Availability of private labeling Oman vs. Thailand 0 10 0 Payment terms Oman vs. Thailand 0 9 1 U.S. transportation costs Oman vs. Thailand 0 10 0 Discounts offered Oman vs. Thailand 1 9 0 Minimum quantity requirements Oman vs. Thailand 0 9 1 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Oman vs. Turkey 2 11 1 Product consistency Oman vs. Turkey 4 9 0 Quality meets industry standards Oman vs. Turkey 3 10 0 Reliability of supply Oman vs. Turkey 3 9 1 Delivery time Oman vs. Turkey 2 10 1 Price Oman vs. Turkey 0 11 2 Product range Oman vs. Turkey 3 10 0 Delivery terms Oman vs. Turkey 1 12 0 Quality exceeds industry standards Oman vs. Turkey 2 11 0 Packaging Oman vs. Turkey 3 10 0 Technical support/service Oman vs. Turkey 3 10 0 Availability of private labeling Oman vs. Turkey 0 13 0 Payment terms Oman vs. Turkey 1 10 2 U.S. transportation costs Oman vs. Turkey 2 11 0 Discounts offered Oman vs. Turkey 0 12 1 Minimum quantity requirements Oman vs. Turkey 0 13 0 Table continued. E-23 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Oman vs. Nonsubject 2 13 2 Product consistency Oman vs. Nonsubject 3 13 0 Quality meets industry standards Oman vs. Nonsubject 2 14 0 Reliability of supply Oman vs. Nonsubject 2 13 1 Delivery time Oman vs. Nonsubject 1 11 4 Price Oman vs. Nonsubject 0 13 3 Product range Oman vs. Nonsubject 4 12 0 Delivery terms Oman vs. Nonsubject 0 16 0 Quality exceeds industry standards Oman vs. Nonsubject 1 15 0 Packaging Oman vs. Nonsubject 2 14 0 Technical support/service Oman vs. Nonsubject 3 13 0 Availability of private labeling Oman vs. Nonsubject 0 16 0 Payment terms Oman vs. Nonsubject 0 12 4 U.S. transportation costs Oman vs. Nonsubject 0 15 1 Discounts offered Oman vs. Nonsubject 0 16 0 Minimum quantity requirements Oman vs. Nonsubject 0 16 0 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Sri Lanka vs. Thailand 1 5 1 Product consistency Sri Lanka vs. Thailand 0 6 0 Quality meets industry standards Sri Lanka vs. Thailand 1 5 0 Reliability of supply Sri Lanka vs. Thailand 1 5 0 Delivery time Sri Lanka vs. Thailand 1 5 0 Price Sri Lanka vs. Thailand 0 5 1 Product range Sri Lanka vs. Thailand 1 5 0 Delivery terms Sri Lanka vs. Thailand 1 5 0 Quality exceeds industry standards Sri Lanka vs. Thailand 0 6 0 Packaging Sri Lanka vs. Thailand 0 6 0 Technical support/service Sri Lanka vs. Thailand 1 5 0 Availability of private labeling Sri Lanka vs. Thailand 0 6 0 Payment terms Sri Lanka vs. Thailand 0 6 0 U.S. transportation costs Sri Lanka vs. Thailand 0 6 0 Discounts offered Sri Lanka vs. Thailand 0 6 0 Minimum quantity requirements Sri Lanka vs. Thailand 0 6 0 Table continued. E-24 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Sri Lanka vs. Turkey 1 4 2 Product consistency Sri Lanka vs. Turkey 1 5 0 Quality meets industry standards Sri Lanka vs. Turkey 1 5 0 Reliability of supply Sri Lanka vs. Turkey 1 5 0 Delivery time Sri Lanka vs. Turkey 0 5 1 Price Sri Lanka vs. Turkey 0 5 1 Product range Sri Lanka vs. Turkey 2 4 0 Delivery terms Sri Lanka vs. Turkey 0 6 0 Quality exceeds industry standards Sri Lanka vs. Turkey 1 5 0 Packaging Sri Lanka vs. Turkey 0 6 0 Technical support/service Sri Lanka vs. Turkey 2 4 0 Availability of private labeling Sri Lanka vs. Turkey 0 6 0 Payment terms Sri Lanka vs. Turkey 0 5 1 U.S. transportation costs Sri Lanka vs. Turkey 1 5 0 Discounts offered Sri Lanka vs. Turkey 0 5 1 Minimum quantity requirements Sri Lanka vs. Turkey 0 6 0 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Sri Lanka vs. Nonsubject 1 6 1 Product consistency Sri Lanka vs. Nonsubject 0 7 0 Quality meets industry standards Sri Lanka vs. Nonsubject 0 7 0 Reliability of supply Sri Lanka vs. Nonsubject 1 7 0 Delivery time Sri Lanka vs. Nonsubject 0 7 0 Price Sri Lanka vs. Nonsubject 0 7 0 Product range Sri Lanka vs. Nonsubject 1 6 0 Delivery terms Sri Lanka vs. Nonsubject 0 7 0 Quality exceeds industry standards Sri Lanka vs. Nonsubject 0 7 0 Packaging Sri Lanka vs. Nonsubject 0 7 0 Technical support/service Sri Lanka vs. Nonsubject 1 6 0 Availability of private labeling Sri Lanka vs. Nonsubject 0 7 0 Payment terms Sri Lanka vs. Nonsubject 0 7 0 U.S. transportation costs Sri Lanka vs. Nonsubject 0 7 0 Discounts offered Sri Lanka vs. Nonsubject 0 7 0 Minimum quantity requirements Sri Lanka vs. Nonsubject 0 7 0 Table continued. E-25 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Thailand vs. Turkey 2 11 3 Product consistency Thailand vs. Turkey 4 12 0 Quality meets industry standards Thailand vs. Turkey 4 11 0 Reliability of supply Thailand vs. Turkey 1 13 2 Delivery time Thailand vs. Turkey 2 11 3 Price Thailand vs. Turkey 1 13 2 Product range Thailand vs. Turkey 2 11 2 Delivery terms Thailand vs. Turkey 1 12 3 Quality exceeds industry standards Thailand vs. Turkey 3 12 0 Packaging Thailand vs. Turkey 3 13 0 Technical support/service Thailand vs. Turkey 2 12 1 Availability of private labeling Thailand vs. Turkey 0 15 1 Payment terms Thailand vs. Turkey 1 15 0 U.S. transportation costs Thailand vs. Turkey 1 14 1 Discounts offered Thailand vs. Turkey 0 14 1 Minimum quantity requirements Thailand vs. Turkey 1 15 0 Table continued. Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Thailand vs. Nonsubject 0 14 4 Product consistency Thailand vs. Nonsubject 0 18 0 Quality meets industry standards Thailand vs. Nonsubject 0 18 0 Reliability of supply Thailand vs. Nonsubject 0 16 2 Delivery time Thailand vs. Nonsubject 0 13 5 Price Thailand vs. Nonsubject 1 16 1 Product range Thailand vs. Nonsubject 0 16 2 Delivery terms Thailand vs. Nonsubject 0 16 2 Quality exceeds industry standards Thailand vs. Nonsubject 0 17 0 Packaging Thailand vs. Nonsubject 0 18 0 Technical support/service Thailand vs. Nonsubject 0 17 1 Availability of private labeling Thailand vs. Nonsubject 0 17 1 Payment terms Thailand vs. Nonsubject 0 18 0 U.S. transportation costs Thailand vs. Nonsubject 0 17 1 Discounts offered Thailand vs. Nonsubject 0 17 1 Minimum quantity requirements Thailand vs. Nonsubject 1 17 0 Table continued. E-26 Table E-10 Continued Steel nails: Count of purchasers’ responses comparing imported product, by factor and country pair Factor Country pair Superior Comparable Inferior Availability Turkey vs. Nonsubject 3 15 4 Product consistency Turkey vs. Nonsubject 1 18 3 Quality meets industry standards Turkey vs. Nonsubject 0 18 4 Reliability of supply Turkey vs. Nonsubject 3 17 2 Delivery time Turkey vs. Nonsubject 3 15 4 Price Turkey vs. Nonsubject 4 17 0 Product range Turkey vs. Nonsubject 2 18 2 Delivery terms Turkey vs. Nonsubject 2 17 3 Quality exceeds industry standards Turkey vs. Nonsubject 0 16 5 Packaging Turkey vs. Nonsubject 1 19 2 Technical support/service Turkey vs. Nonsubject 1 19 2 Availability of private labeling Turkey vs. Nonsubject 0 20 2 Payment terms Turkey vs. Nonsubject 0 20 2 U.S. transportation costs Turkey vs. Nonsubject 1 20 1 Discounts offered Turkey vs. Nonsubject 2 18 1 Minimum quantity requirements Turkey vs. Nonsubject 0 21 1 Source: Compiled from data submitted in response to Commission questionnaires. Note: A rating of superior means that price/U.S. transportation cost is generally lower. For example, if a firm reported “U.S. superior,” it meant that the U.S. product was generally priced lower than the imported product. F-1 APPENDIX F U.S. SHIPMENTS BY TYPE AND FINISH F-3 Table F-1 Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by product type and finish, 2021 Quantity in short tons; value in 1,000 dollars Source Measure Collated bright Collated galvanized Collated other Bulk bright Bulk galvanized Bulk other All product types U.S. producers Quantity *** *** *** *** *** *** *** India Quantity *** *** *** *** *** *** *** Oman Quantity *** *** *** *** *** *** *** Sri Lanka Quantity *** *** *** *** *** *** *** Thailand Quantity *** *** *** *** *** *** *** Turkey Quantity *** *** *** *** *** *** *** Subject sources Quantity *** *** *** *** *** *** *** Nonsubject sources Quantity *** *** *** *** *** *** *** All import sources Quantity *** *** *** *** *** *** *** All sources Quantity *** *** *** *** *** *** *** U.S. producers Value *** *** *** *** *** *** *** India Value *** *** *** *** *** *** *** Oman Value *** *** *** *** *** *** *** Sri Lanka Value *** *** *** *** *** *** *** Thailand Value *** *** *** *** *** *** *** Turkey Value *** *** *** *** *** *** *** Subject sources Value *** *** *** *** *** *** *** Nonsubject sources Value *** *** *** *** *** *** *** All import sources Value *** *** *** *** *** *** *** All sources Value *** *** *** *** *** *** *** Table continued. F-4 Table F-1 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by product type and finish, 2021 Unit values in dollars per short ton Source Measure Collated bright Collated galvanized Collated other Bulk bright Bulk galvanized Bulk other All product types U.S. producers Unit value *** *** *** *** *** *** *** India Unit value *** *** *** *** *** *** *** Oman Unit value *** *** *** *** *** *** *** Sri Lanka Unit value *** *** *** *** *** *** *** Thailand Unit value *** *** *** *** *** *** *** Turkey Unit value *** *** *** *** *** *** *** Subject sources Unit value *** *** *** *** *** *** *** Nonsubject sources Unit value *** *** *** *** *** *** *** All import sources Unit value *** *** *** *** *** *** *** All sources Unit value *** *** *** *** *** *** *** Table continued. F-5 Table F-1 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by product type and finish, 2021 Shares in percent Source Measure Collated bright Collated galvanized Collated other Bulk bright Bulk galvanized Bulk other All product types U.S. producers Share of quantity *** *** *** *** *** *** *** India Share of quantity *** *** *** *** *** *** *** Oman Share of quantity *** *** *** *** *** *** *** Sri Lanka Share of quantity *** *** *** *** *** *** *** Thailand Share of quantity *** *** *** *** *** *** *** Turkey Share of quantity *** *** *** *** *** *** *** Subject sources Share of quantity *** *** *** *** *** *** *** Nonsubject sources Share of quantity *** *** *** *** *** *** *** All import sources Share of quantity *** *** *** *** *** *** *** All sources Share of quantity *** *** *** *** *** *** *** U.S. producers Share of value *** *** *** *** *** *** *** India Share of value *** *** *** *** *** *** *** Oman Share of value *** *** *** *** *** *** *** Sri Lanka Share of value *** *** *** *** *** *** *** Thailand Share of value *** *** *** *** *** *** *** Turkey Share of value *** *** *** *** *** *** *** Subject sources Share of value *** *** *** *** *** *** *** Nonsubject sources Share of value *** *** *** *** *** *** *** All import sources Share of value *** *** *** *** *** *** *** All sources Share of value *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. F-6 Table F-2 Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and type, 2021 Quantity in short tons; value in 1,000 dollars Source Measure Collated Bulk All types U.S. producers Quantity *** *** *** India Quantity *** *** *** Oman Quantity *** *** *** Sri Lanka Quantity *** *** *** Thailand Quantity *** *** *** Turkey Quantity *** *** *** Subject sources Quantity *** *** *** Nonsubject sources Quantity *** *** *** All import sources Quantity *** *** *** All sources Quantity *** *** *** U.S. producers Value *** *** *** India Value *** *** *** Oman Value *** *** *** Sri Lanka Value *** *** *** Thailand Value *** *** *** Turkey Value *** *** *** Subject sources Value *** *** *** Nonsubject sources Value *** *** *** All import sources Value *** *** *** All sources Value *** *** *** Table continued. F-7 Table F-2 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and type, 2021 Unit values in dollars per short ton Source Measure Collated Bulk All types U.S. producers Unit value *** *** *** India Unit value *** *** *** Oman Unit value *** *** *** Sri Lanka Unit value *** *** *** Thailand Unit value *** *** *** Turkey Unit value *** *** *** Subject sources Unit value *** *** *** Nonsubject sources Unit value *** *** *** All import sources Unit value *** *** *** All sources Unit value *** *** *** Table continued. Table F-2 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and type, 2021 Share in percent Source Measure Collated Bulk All types U.S. producers Share of quantity *** *** *** India Share of quantity *** *** *** Oman Share of quantity *** *** *** Sri Lanka Share of quantity *** *** *** Thailand Share of quantity *** *** *** Turkey Share of quantity *** *** *** Subject sources Share of quantity *** *** *** Nonsubject sources Share of quantity *** *** *** All import sources Share of quantity *** *** *** All sources Share of quantity *** *** *** U.S. producers Share of value *** *** *** India Share of value *** *** *** Oman Share of value *** *** *** Sri Lanka Share of value *** *** *** Thailand Share of value *** *** *** Turkey Share of value *** *** *** Subject sources Share of value *** *** *** Nonsubject sources Share of value *** *** *** All import sources Share of value *** *** *** All sources Share of value *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. F-8 Table F-3 Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish, 2021 Quantity in short tons; value in 1,000 dollars Source Measure Bright Galvanized Other All finishes U.S. producers Quantity *** *** *** *** India Quantity *** *** *** *** Oman Quantity *** *** *** *** Sri Lanka Quantity *** *** *** *** Thailand Quantity *** *** *** *** Turkey Quantity *** *** *** *** Subject sources Quantity *** *** *** *** Nonsubject sources Quantity *** *** *** *** All import sources Quantity *** *** *** *** All sources Quantity *** *** *** *** U.S. producers Value *** *** *** *** India Value *** *** *** *** Oman Value *** *** *** *** Sri Lanka Value *** *** *** *** Thailand Value *** *** *** *** Turkey Value *** *** *** *** Subject sources Value *** *** *** *** Nonsubject sources Value *** *** *** *** All import sources Value *** *** *** *** All sources Value *** *** *** *** Table continued. F-9 Table F-3 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish, 2021 Unit values in dollars per short ton Source Measure Bright Galvanized Other All finishes U.S. producers Unit value *** *** *** *** India Unit value *** *** *** *** Oman Unit value *** *** *** *** Sri Lanka Unit value *** *** *** *** Thailand Unit value *** *** *** *** Turkey Unit value *** *** *** *** Subject sources Unit value *** *** *** *** Nonsubject sources Unit value *** *** *** *** All import sources Unit value *** *** *** *** All sources Unit value *** *** *** *** Table Continued. F-10 Table F-3 Continued Steel nails: U.S. producers’ and U.S. importers’ U.S. shipments, by source and finish, 2021 Share in percent Source Measure Bright Galvanized Other All finishes U.S. producers Share of quantity *** *** *** *** India Share of quantity *** *** *** *** Oman Share of quantity *** *** *** *** Sri Lanka Share of quantity *** *** *** *** Thailand Share of quantity *** *** *** *** Turkey Share of quantity *** *** *** *** Subject sources Share of quantity *** *** *** *** Nonsubject sources Share of quantity *** *** *** *** All import sources Share of quantity *** *** *** *** All sources Share of quantity *** *** *** *** U.S. producers Share of value *** *** *** *** India Share of value *** *** *** *** Oman Share of value *** *** *** *** Sri Lanka Share of value *** *** *** *** Thailand Share of value *** *** *** *** Turkey Share of value *** *** *** *** Subject sources Share of value *** *** *** *** Nonsubject sources Share of value *** *** *** *** All import sources Share of value *** *** *** *** All sources Share of value *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. G-1 APPENDIX G U.S. SHIPMENTS BY DISTRIBUTION AND PERIOD G-3 Table G-1 Steel nails: U.S. producers’ U.S. shipments, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity 77,580 90,783 87,045 23,149 17,569 Retailers Quantity 7,844 9,251 7,817 2,472 2,246 End users Quantity 34,909 36,821 37,425 10,244 9,568 All channels Quantity 120,333 136,855 132,287 35,865 29,383 Distributors Value 140,056 147,586 183,758 42,168 47,464 Retailers Value 15,510 19,067 19,880 5,192 6,309 End users Value 54,788 54,488 77,866 16,300 26,365 All channels Value 210,354 221,141 281,504 63,660 80,138 Distributors Unit value 1,805 1,626 2,111 1,822 2,702 Retailers Unit value 1,977 2,061 2,543 2,100 2,809 End users Unit value 1,569 1,480 2,081 1,591 2,756 All channels Unit value 1,748 1,616 2,128 1,775 2,727 Distributors Share of quantity 64.5 66.3 65.8 64.5 59.8 Retailers Share of quantity 6.5 6.8 5.9 6.9 7.6 End users Share of quantity 29.0 26.9 28.3 28.6 32.6 All channels Share of quantity 100.0 100.0 100.0 100.0 100.0 Distributors Share of value 66.6 66.7 65.3 66.2 59.2 Retailers Share of value 7.4 8.6 7.1 8.2 7.9 End users Share of value 26.0 24.6 27.7 25.6 32.9 All channels Share of value 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. G-4 Table G-2 Steel nails: U.S. importers’ U.S. shipments of imports from India, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity *** *** *** *** *** Retailers Quantity *** *** *** *** *** End users Quantity *** *** *** *** *** All channels Quantity *** *** *** *** *** Distributors Value *** *** *** *** *** Retailers Value *** *** *** *** *** End users Value *** *** *** *** *** All channels Value *** *** *** *** *** Distributors Unit value *** *** *** *** *** Retailers Unit value *** *** *** *** *** End users Unit value *** *** *** *** *** All channels Unit value *** *** *** *** *** Distributors Share of quantity *** *** *** *** *** Retailers Share of quantity *** *** *** *** *** End users Share of quantity *** *** *** *** *** All channels Share of quantity *** *** *** *** *** Distributors Share of value *** *** *** *** *** Retailers Share of value *** *** *** *** *** End users Share of value *** *** *** *** *** All channels Share of value *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. G-5 Table G-3 Steel nails: U.S. importers’ U.S. shipments of imports from Oman, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity *** *** *** *** *** Retailers Quantity *** *** *** *** *** End users Quantity *** *** *** *** *** All channels Quantity *** *** *** *** *** Distributors Value *** *** *** *** *** Retailers Value *** *** *** *** *** End users Value *** *** *** *** *** All channels Value *** *** *** *** *** Distributors Unit value *** *** *** *** *** Retailers Unit value *** *** *** *** *** End users Unit value *** *** *** *** *** All channels Unit value *** *** *** *** *** Distributors Share of quantity *** *** *** *** *** Retailers Share of quantity *** *** *** *** *** End users Share of quantity *** *** *** *** *** All channels Share of quantity *** *** *** *** *** Distributors Share of value *** *** *** *** *** Retailers Share of value *** *** *** *** *** End users Share of value *** *** *** *** *** All channels Share of value *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. G-6 Table G-4 Steel nails: U.S. importers’ U.S. shipments of imports from Sri Lanka, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity *** *** *** *** *** Retailers Quantity *** *** *** *** *** End users Quantity *** *** *** *** *** All channels Quantity *** *** *** *** *** Distributors Value *** *** *** *** *** Retailers Value *** *** *** *** *** End users Value *** *** *** *** *** All channels Value *** *** *** *** *** Distributors Unit value *** *** *** *** *** Retailers Unit value *** *** *** *** *** End users Unit value *** *** *** *** *** All channels Unit value *** *** *** *** *** Distributors Share of quantity *** *** *** *** *** Retailers Share of quantity *** *** *** *** *** End users Share of quantity *** *** *** *** *** All channels Share of quantity *** *** *** *** *** Distributors Share of value *** *** *** *** *** Retailers Share of value *** *** *** *** *** End users Share of value *** *** *** *** *** All channels Share of value *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. G-7 Table G-5 Steel nails: U.S. importers’ U.S. shipments of imports from Thailand, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity *** *** *** *** *** Retailers Quantity *** *** *** *** *** End users Quantity *** *** *** *** *** All channels Quantity *** *** *** *** *** Distributors Value *** *** *** *** *** Retailers Value *** *** *** *** *** End users Value *** *** *** *** *** All channels Value *** *** *** *** *** Distributors Unit value *** *** *** *** *** Retailers Unit value *** *** *** *** *** End users Unit value *** *** *** *** *** All channels Unit value *** *** *** *** *** Distributors Share of quantity *** *** *** *** *** Retailers Share of quantity *** *** *** *** *** End users Share of quantity *** *** *** *** *** All channels Share of quantity *** *** *** *** *** Distributors Share of value *** *** *** *** *** Retailers Share of value *** *** *** *** *** End users Share of value *** *** *** *** *** All channels Share of value *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. G-8 Table G-6 Steel nails: U.S. importers’ U.S. shipments of imports from Turkey, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity *** *** *** *** *** Retailers Quantity *** *** *** *** *** End users Quantity *** *** *** *** *** All channels Quantity *** *** *** *** *** Distributors Value *** *** *** *** *** Retailers Value *** *** *** *** *** End users Value *** *** *** *** *** All channels Value *** *** *** *** *** Distributors Unit value *** *** *** *** *** Retailers Unit value *** *** *** *** *** End users Unit value *** *** *** *** *** All channels Unit value *** *** *** *** *** Distributors Share of quantity *** *** *** *** *** Retailers Share of quantity *** *** *** *** *** End users Share of quantity *** *** *** *** *** All channels Share of quantity *** *** *** *** *** Distributors Share of value *** *** *** *** *** Retailers Share of value *** *** *** *** *** End users Share of value *** *** *** *** *** All channels Share of value *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. G-9 Table G-7 Steel nails: U.S. importers’ U.S. shipments of imports from subject sources, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity 130,109 129,867 164,610 40,104 42,319 Retailers Quantity 70,879 82,751 84,916 21,890 17,866 End users Quantity 5,946 9,502 4,832 1,108 1,997 All channels Quantity 206,934 222,120 254,358 63,102 62,182 Distributors Value 151,046 157,280 224,816 43,781 83,845 Retailers Value 82,707 101,723 114,006 25,657 30,424 End users Value 14,562 12,861 10,567 1,998 5,163 All channels Value 248,315 271,864 349,389 71,436 119,432 Distributors Unit value 1,161 1,211 1,366 1,092 1,981 Retailers Unit value 1,167 1,229 1,343 1,172 1,703 End users Unit value 2,449 1,354 2,187 1,803 2,585 All channels Unit value 1,200 1,224 1,374 1,132 1,921 Distributors Share of quantity 62.9 58.5 64.7 63.6 68.1 Retailers Share of quantity 34.3 37.3 33.4 34.7 28.7 End users Share of quantity 2.9 4.3 1.9 1.8 3.2 All channels Share of quantity 100.0 100.0 100.0 100.0 100.0 Distributors Share of value 60.8 57.9 64.3 61.3 70.2 Retailers Share of value 33.3 37.4 32.6 35.9 25.5 End users Share of value 5.9 4.7 3.0 2.8 4.3 All channels Share of value 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. G-10 Table G-8 Steel nails: U.S. importers’ U.S. shipments of imports from nonsubject sources, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity 108,707 121,501 173,353 34,909 37,698 Retailers Quantity 171,107 175,474 183,530 38,986 40,224 End users Quantity 24,228 18,634 21,963 5,213 7,225 All channels Quantity 304,042 315,609 378,846 79,108 85,147 Distributors Value 143,001 176,143 296,916 52,353 74,156 Retailers Value 254,574 234,164 278,109 57,727 82,523 End users Value 50,309 27,807 45,954 9,004 19,410 All channels Value 447,884 438,114 620,979 119,084 176,089 Distributors Unit value 1,315 1,450 1,713 1,500 1,967 Retailers Unit value 1,488 1,334 1,515 1,481 2,052 End users Unit value 2,076 1,492 2,092 1,727 2,687 All channels Unit value 1,473 1,388 1,639 1,505 2,068 Distributors Share of quantity 35.8 38.5 45.8 44.1 44.3 Retailers Share of quantity 56.3 55.6 48.4 49.3 47.2 End users Share of quantity 8.0 5.9 5.8 6.6 8.5 All channels Share of quantity 100.0 100.0 100.0 100.0 100.0 Distributors Share of value 31.9 40.2 47.8 44.0 42.1 Retailers Share of value 56.8 53.4 44.8 48.5 46.9 End users Share of value 11.2 6.3 7.4 7.6 11.0 All channels Share of value 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. G-11 Table G-9 Steel nails: U.S. importers’ U.S. shipments of imports from all sources, by channels of distribution and period Quantity in short tons; value in 1,000 dollars; unit values in dollars per short ton; share in percent Distribution channel Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 Distributors Quantity 238,816 251,368 337,963 75,013 80,017 Retailers Quantity 241,986 258,225 268,446 60,876 58,090 End users Quantity 30,174 28,136 26,795 6,321 9,222 All channels Quantity 510,976 537,729 633,204 142,210 147,329 Distributors Value 294,047 333,423 521,732 96,134 158,001 Retailers Value 337,281 335,887 392,115 83,384 112,947 End users Value 64,871 40,668 56,521 11,002 24,573 All channels Value 696,199 709,978 970,368 190,520 295,521 Distributors Unit value 1,231 1,326 1,544 1,282 1,975 Retailers Unit value 1,394 1,301 1,461 1,370 1,944 End users Unit value 2,150 1,445 2,109 1,741 2,665 All channels Unit value 1,362 1,320 1,532 1,340 2,006 Distributors Share of quantity 46.7 46.7 53.4 52.7 54.3 Retailers Share of quantity 47.4 48.0 42.4 42.8 39.4 End users Share of quantity 5.9 5.2 4.2 4.4 6.3 All channels Share of quantity 100.0 100.0 100.0 100.0 100.0 Distributors Share of value 42.2 47.0 53.8 50.5 53.5 Retailers Share of value 48.4 47.3 40.4 43.8 38.2 End users Share of value 9.3 5.7 5.8 5.8 8.3 All channels Share of value 100.0 100.0 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. G-12 Table G-10 Steel nails: U.S. shipments to distributors, source and period Quantity in short tons; share in percent; ratio to U.S. production Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Quantity 77,580 90,783 87,045 23,149 17,569 India Quantity *** *** *** *** *** Oman Quantity *** *** *** *** *** Sri Lanka Quantity *** *** *** *** *** Thailand Quantity *** *** *** *** *** Turkey Quantity *** *** *** *** *** Subject sources Quantity 130,109 129,867 164,610 40,104 42,319 Nonsubject sources Quantity 108,707 121,501 173,353 34,909 37,698 All import sources Quantity 238,816 251,368 337,963 75,013 80,017 All sources Quantity 316,396 342,151 425,008 98,162 97,586 U.S. producers Share 24.5 26.5 20.5 23.6 18.0 India Share *** *** *** *** *** Oman Share *** *** *** *** *** Sri Lanka Share *** *** *** *** *** Thailand Share *** *** *** *** *** Turkey Share *** *** *** *** *** Subject sources Share 41.1 38.0 38.7 40.9 43.4 Nonsubject sources Share 34.4 35.5 40.8 35.6 38.6 All import sources Share 75.5 73.5 79.5 76.4 82.0 All sources Share 100.0 100.0 100.0 100.0 100.0 U.S. producers Ratio *** *** *** *** *** India Ratio *** *** *** *** *** Oman Ratio *** *** *** *** *** Sri Lanka Ratio *** *** *** *** *** Thailand Ratio *** *** *** *** *** Turkey Ratio *** *** *** *** *** Subject sources Ratio *** *** *** *** *** Nonsubject sources Ratio *** *** *** *** *** All import sources Ratio *** *** *** *** *** All sources Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed July 14, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Ratios are ratio to overall apparent consumption quantity as presented in Part IV of the report. G-13 Table G-11 Steel nails: U.S. shipments to retailers, source and period Quantity in short tons; share in percent; ratio to U.S. production Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Quantity 7,844 9,251 7,817 2,472 2,246 India Quantity *** *** *** *** *** Oman Quantity *** *** *** *** *** Sri Lanka Quantity *** *** *** *** *** Thailand Quantity *** *** *** *** *** Turkey Quantity *** *** *** *** *** Subject sources Quantity 70,879 82,751 84,916 21,890 17,866 Nonsubject sources Quantity 171,107 175,474 183,530 38,986 40,224 All import sources Quantity 241,986 258,225 268,446 60,876 58,090 All sources Quantity 249,830 267,476 276,263 63,348 60,336 U.S. producers Share 3.1 3.5 2.8 3.9 3.7 India Share *** *** *** *** *** Oman Share *** *** *** *** *** Sri Lanka Share *** *** *** *** *** Thailand Share *** *** *** *** *** Turkey Share *** *** *** *** *** Subject sources Share 28.4 30.9 30.7 34.6 29.6 Nonsubject sources Share 68.5 65.6 66.4 61.5 66.7 All import sources Share 96.9 96.5 97.2 96.1 96.3 All sources Share 100.0 100.0 100.0 100.0 100.0 U.S. producers Ratio *** *** *** *** *** India Ratio *** *** *** *** *** Oman Ratio *** *** *** *** *** Sri Lanka Ratio *** *** *** *** *** Thailand Ratio *** *** *** *** *** Turkey Ratio *** *** *** *** *** Subject sources Ratio *** *** *** *** *** Nonsubject sources Ratio *** *** *** *** *** All import sources Ratio *** *** *** *** *** All sources Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed July 14, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Ratios are ratio to overall apparent consumption quantity as presented in Part IV of the report. G-14 Table G-12 Steel nails: U.S. shipments to end users, source and period Quantity in short tons; share and ratio in percent Source Measure 2019 2020 2021 Jan-Mar 2021 Jan-Mar 2022 U.S. producers Quantity 34,909 36,821 37,425 10,244 9,568 India Quantity *** *** *** *** *** Oman Quantity *** *** *** *** *** Sri Lanka Quantity *** *** *** *** *** Thailand Quantity *** *** *** *** *** Turkey Quantity *** *** *** *** *** Subject sources Quantity 5,946 9,502 4,832 1,108 1,997 Nonsubject sources Quantity 24,228 18,634 21,963 5,213 7,225 All import sources Quantity 30,174 28,136 26,795 6,321 9,222 All sources Quantity 65,083 64,957 64,220 16,565 18,790 U.S. producers Share 53.6 56.7 58.3 61.8 50.9 India Share *** *** *** *** *** Oman Share *** *** *** *** *** Sri Lanka Share *** *** *** *** *** Thailand Share *** *** *** *** *** Turkey Share *** *** *** *** *** Subject sources Share 9.1 14.6 7.5 6.7 10.6 Nonsubject sources Share 37.2 28.7 34.2 31.5 38.5 All import sources Share 46.4 43.3 41.7 38.2 49.1 All sources Share 100.0 100.0 100.0 100.0 100.0 U.S. producers Ratio *** *** *** *** *** India Ratio *** *** *** *** *** Oman Ratio *** *** *** *** *** Sri Lanka Ratio *** *** *** *** *** Thailand Ratio *** *** *** *** *** Turkey Ratio *** *** *** *** *** Subject sources Ratio *** *** *** *** *** Nonsubject sources Ratio *** *** *** *** *** All import sources Ratio *** *** *** *** *** All sources Ratio *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and official U.S. import statistics of the U.S. Department of Commerce Census Bureau using statistical reporting numbers 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500, accessed July 14, 2022. Imports are based on the imports for consumption data series. Note: Shares and ratios shown as "0.0" represent values greater than zero, but less than "0.05" percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Ratios are ratio to overall apparent consumption quantity as presented in Part IV of the report. H-1 APPENDIX H NONSUBJECT COUNTRY PRICE DATA H-3 Ten importers reported price data for imports from nonsubject sources. Data was collected separately for China and Mexico, and collectively for Malaysia, South Korea, and Taiwan. These importers reported price data for products 1, 2, 5, and 6 from China, product 5 from Mexico, and for all products for Malaysia, South Korea, and Taiwan. Reported data for these countries comprised a combined 17.8 percent of nonsubject imports in 2021. These price items and accompanying data are comparable to those presented in tables V-6 to V-12. Price and quantity data for the nonsubject countries are shown in tables H-1 to H-7 and in figures H-1 to H-7 (with domestic and subject sources). In comparing nonsubject country pricing data with U.S. producer pricing data, prices for product imported from China were higher than prices for U.S.-produced product in all 39 instances and in 45 of 70 instances for product imported from Malaysia, South Korea, and Taiwan.1 No directly comparable pricing was received for steel nails from Mexico.2 In comparing nonsubject country pricing data with subject country pricing data, prices for product imported from China were higher than prices for product imported from subject countries in 174 instances and lower in 20 instances. Prices for product imported from Malaysia, South Korea, and Taiwan were higher than prices for product imported from subject countries in 214 instances and lower in 22 instances. A summary of price differentials is presented in table H-8. 1 Imports from China, Malaysia, South Korea, and Taiwan were subject to trade remedies throughout the period for which data was collected. 2 Data for Mexico were received by the Commission. These data, which were all submitted with respect to the product sold to retailers (product 5) ***. Mid Continent stated that its sales of steel nails imported from Mexico were sold at the same price as those it produced in the United States. Hearing transcript, p. 67 (Skarich). The data for sales of product 5 imported from Mexico were provided by ***. H-4 Table H-1 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 1, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period U.S. price U.S. quantity China price China quantity Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity 2019 Q1 *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 1: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. H-5 Table H-2 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 2, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period U.S. price U.S. quantity China price China quantity Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity 2019 Q1 *** *** *** *** *** *** 2019 Q2 *** *** *** *** *** *** 2019 Q3 *** *** *** *** *** *** 2019 Q4 *** *** *** *** *** *** 2020 Q1 *** *** *** *** *** *** 2020 Q2 *** *** *** *** *** *** 2020 Q3 *** *** *** *** *** *** 2020 Q4 *** *** *** *** *** *** 2021 Q1 *** *** *** *** *** *** 2021 Q2 *** *** *** *** *** *** 2021 Q3 *** *** *** *** *** *** 2021 Q4 *** *** *** *** *** *** 2022 Q1 *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 2: Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. H-6 Table H-3 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 3, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period U.S. price U.S. quantity Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity 2019 Q1 *** *** *** *** 2019 Q2 *** *** *** *** 2019 Q3 *** *** *** *** 2019 Q4 *** *** *** *** 2020 Q1 *** *** *** *** 2020 Q2 *** *** *** *** 2020 Q3 *** *** *** *** 2020 Q4 *** *** *** *** 2021 Q1 *** *** *** *** 2021 Q2 *** *** *** *** 2021 Q3 *** *** *** *** 2021 Q4 *** *** *** *** 2022 Q1 *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 3: Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15 degree wire coil collated nails sold to distributors. H-7 Table H-4 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 4, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period U.S. price U.S. quantity Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity 2019 Q1 *** *** *** *** 2019 Q2 *** *** *** *** 2019 Q3 -- 0 *** *** 2019 Q4 *** *** *** *** 2020 Q1 *** *** *** *** 2020 Q2 *** *** *** *** 2020 Q3 *** *** *** *** 2020 Q4 *** *** *** *** 2021 Q1 *** *** *** *** 2021 Q2 -- 0 *** *** 2021 Q3 *** *** *** *** 2021 Q4 -- 0 *** *** 2022 Q1 -- 0 -- 0 Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 4: Nominal 3” x 0.131” (10.25 gauge), stainless steel, ring shank, 20-22 degree plastic-strip collated and uncollated nails sold to distributors. H-8 Table H-5 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 5, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period U.S. price U.S. quantity China price China quantity 2019 Q1 *** *** *** *** 2019 Q2 *** *** *** *** 2019 Q3 *** *** *** *** 2019 Q4 *** *** *** *** 2020 Q1 *** *** *** *** 2020 Q2 *** *** *** *** 2020 Q3 *** *** *** *** 2020 Q4 *** *** *** *** 2021 Q1 *** *** *** *** 2021 Q2 *** *** *** *** 2021 Q3 *** *** *** *** 2021 Q4 *** *** *** *** 2022 Q1 *** *** *** *** Period Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity Mexico price Mexico quantity 2019 Q1 *** *** *** *** 2019 Q2 *** *** *** *** 2019 Q3 *** *** *** *** 2019 Q4 *** *** *** *** 2020 Q1 *** *** *** *** 2020 Q2 *** *** *** *** 2020 Q3 *** *** *** *** 2020 Q4 *** *** *** *** 2021 Q1 *** *** *** *** 2021 Q2 *** *** *** *** 2021 Q3 *** *** *** *** 2021 Q4 *** *** *** *** 2022 Q1 *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 5: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to retailers. H-9 Table H-6 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 6, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period U.S. price U.S. quantity China price China quantity Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity 2019 Q1 -- 0 *** *** *** *** 2019 Q2 -- 0 *** *** *** *** 2019 Q3 -- 0 *** *** *** *** 2019 Q4 -- 0 *** *** *** *** 2020 Q1 -- 0 *** *** *** *** 2020 Q2 -- 0 *** *** *** *** 2020 Q3 -- 0 *** *** *** *** 2020 Q4 -- 0 *** *** *** *** 2021 Q1 -- 0 *** *** *** *** 2021 Q2 -- 0 *** *** *** *** 2021 Q3 -- 0 *** *** *** *** 2021 Q4 -- 0 *** *** *** *** 2022 Q1 -- 0 *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 6: Nominal 1-1/4” x 0.120” smooth shank galvanized wire welded roofing coil nails sold to retailers. H-10 Table H-7 Steel nails: Weighted-average f.o.b. prices and quantities of domestic and imported product 7, by quarter Price in dollars per short tons, quantity in short tons. Period U.S. price U.S. quantity Malaysia, South Korea, and Taiwan price Malaysia, South Korea, and Taiwan quantity 2019 Q1 *** *** -- 0 2019 Q2 *** *** -- 0 2019 Q3 *** *** -- 0 2019 Q4 *** *** -- 0 2020 Q1 *** *** *** *** 2020 Q2 *** *** *** *** 2020 Q3 *** *** *** *** 2020 Q4 *** *** *** *** 2021 Q1 *** *** *** *** 2021 Q2 *** *** *** *** 2021 Q3 *** *** *** *** 2021 Q4 *** *** *** *** 2022 Q1 *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 7: Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails sold to end users. H-11 Figure H-1 Steel nails: Weighted-average prices and quantities of domestic and imported product 1, by source and quarter Price of product 1 * * * * * * * Volume of product 1 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 1: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. H-12 Figure H-2 Steel nails: Weighted-average prices and quantities of domestic and imported product 2, by source and quarter Price of product 2 * * * * * * * Volume of product 2 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 2: Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. H-13 Figure H-3 Steel nails: Weighted-average prices and quantities of domestic and imported product 3, by source and quarter Price of product 3 * * * * * * * Volume of product 3 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 3: Nominal 2” x 0.099” (12. 5 gauge), bright screw (threaded), 15 degree wire coil collated nails sold to distributors. H-14 Figure H-4 Steel nails: Weighted-average prices and quantities of domestic and imported product 4, by source and quarter Price of product 4 * * * * * * * Volume of product 4 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 4: Nominal 3” x 0.131” (10.25 gauge), stainless steel, ring shank, 20-22 degree plastic-strip collated and uncollated nails sold to distributors. H-15 Figure H-5 Steel nails: Weighted-average prices and quantities of domestic and imported product 5, by source and quarter Price of product 5 * * * * * * * Volume of product 5 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 5: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to retailers. H-16 Figure H-6 Steel nails: Weighted-average prices and quantities of domestic and imported product 6, by source and quarter Price of product 6 * * * * * * * Volume of product 6 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 6: Nominal 1-1/4” x 0.120” smooth shank galvanized wire welded roofing coil nails sold to retailers. H-17 Figure H-7 Steel nails: Weighted-average prices and quantities of domestic and imported product 7, by source and quarter Price of product 7 * * * * * * * Volume of product 7 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 7: Nominal 2” x 0.113” (11.5 gauge), bright drive screw (threaded) shank, machine grade bulk nails sold to end users. H-18 Table H-8 Steel nails: Summary of higher/lower unit values of nonsubject sources, by source, January 2019- March 2022 Comparison source Benchmark source Number of quarters lower Quantity lower (1,000 nails) Number of quarters higher Quantity higher (1,000 nails) China United States *** *** *** *** Malaysia, South Korea, and Taiwan United States *** *** *** *** Mexico United States *** *** *** *** China India *** *** *** *** Malaysia, South Korea, and Taiwan India *** *** *** *** Mexico India *** *** *** *** China Oman *** *** *** *** Malaysia, South Korea, and Taiwan Oman *** *** *** *** Mexico Oman *** *** *** *** China Sri Lanka *** *** *** *** Malaysia, South Korea, and Taiwan Sri Lanka *** *** *** *** Mexico Sri Lanka *** *** *** *** China Thailand *** *** *** *** Malaysia, South Korea, and Taiwan Thailand *** *** *** *** Mexico Thailand *** *** *** *** China Turkey *** *** *** *** Malaysia, South Korea, and Taiwan Turkey *** *** *** *** Mexico Turkey *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Comparisons for product 7 were included in the numbers of quarters higher and lower in the table, but the quantities were not because data for product 7 was collected in short tons. As a result, there were an additional *** short tons that would be included in the “Quantity lower” for Malaysia, South Korea, and Taiwan compared with the United States, *** short tons that would be included in the “Quantity higher” for Malaysia, South Korea, and Taiwan compared with the United States, and *** short tons that would be included in the “Quantity lower” for Malaysia, South Korea, and Taiwan compared with India that could not be aggregated with the data tabulations. Note: See footnote 2 regarding data for Mexico. H-19 Finalized pricing data submitted by *** for its imports from Mexico was received by the Commission the same day that the staff report was submitted to the Commission.3 Table H-9 Steel nails: Weighted-average f.o.b. prices and quantities of products 1 and 2 imported from Mexico by ***, by quarter Price in dollars per 1,000 nails, quantity in 1,000 nails. Period Product 1 price Product 1 quantity Product 2 price Product 2 quantity 2019 Q1 *** *** *** *** 2019 Q2 *** *** *** *** 2019 Q3 *** *** *** *** 2019 Q4 *** *** *** *** 2020 Q1 -- 0 *** *** 2020 Q2 -- 0 *** *** 2020 Q3 -- 0 *** *** 2020 Q4 *** *** *** *** 2021 Q1 *** *** *** *** 2021 Q2 -- 0 *** *** 2021 Q3 -- 0 *** *** 2021 Q4 -- 0 -- 0 2022 Q1 *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Note: Product 1: Nominal 3” x 0.131” (10.25 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. Note: Product 2: Nominal 3” x 0.120” (11 gauge), bright smooth shank, 20-22 degree plastic-strip collated nails sold to distributors. 3 ***. ──────────────────────────────────────────────────────────── === Determination - CVD - Final - Sri Lake === 51337Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34645 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from Sri Lanka,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). length of one inch or less that are a component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether Commerce Selected an Appropriate Benchmark for the Land for Less Than Adequate Remuneration (LTAR) Program Comment 2: Whether the Provision of Land for LTAR Program and Tariff Exemption Program are De Jure Specific Comment 3: Whether the Tariff Exemptions Program can be Tied to Specific Products Comment 4: Whether the Government of Oman (GSO) Acted to the Best of Its Ability to Respond to Commerce’s Information Requests Regarding Whether the Cost Reflective Tariff (CRT) Electricity Rate is Based on Market Principles Comment 5: Whether the CRT Electricity Rate is a Subsidy Program VII. Recommendation [FR Doc. 2022–18051 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–542–805] Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from Sri Lanka. DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Sri Lanka. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51338 Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letter, ‘‘In Lieu of Verification Questionnaire,’’ dated June 6, 2022; see also Trinity Steel’s Letter, ‘‘Trinity In Lieu of Verification Questionnaire Response,’’ dated June 14, 2022. and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 5 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we did not make changes to the subsidy rate calculations for Trinity Steel Private Limited (Trinity Steel). All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated a countervailable subsidy rate for the individually investigated exporter and producer (i.e., Trinity Steel). Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, we also calculated an estimated all- others rate for all other exporters and producers not individually investigated. Section 705(c)(5)(A) of the Act states that Commerce shall determine an all- others rate for companies not individually examined. Section 705(c)(5)(A)(i) of the Act states that ‘‘the all-others rate shall be an amount equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 {of the Act}.’’ Commerce calculated an individual estimated countervailable subsidy rate for Trinity Steel that is not zero, de minimis, or based entirely on facts otherwise available. Accordingly, we have assigned Trinity Steel’s subsidy rate to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Trinity Steel Private Limited 4.12 All Others .............................. 4.12 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because there are no changes to the calculations from the Preliminary Determination, no additional disclosure is necessary. Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after June 7, 2022, the date of publication of the Preliminary Determination in the Federal Register. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of steel nails from Sri Lanka. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of steel nails from Sri Lanka. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 771(i) of the Act, and 19 CFR 351.210(c). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51339Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34649 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether Commerce Should Revise the Base Rate of Taxation Used in its Income Tax Exemption Benefit Calculation Comment 2: Whether Commerce Should Alter its Treatment of Certain Income Tax Deductions Comment 3: Whether the Board of Investment’s (BOI) Provision of Land to Trinity Steel is Countervailable A. Investigation into Countervailability of Trinity Steel’s Land Acquisition B. Selection of the Land Benchmark Comment 4: Whether Commerce Should Continue to Countervail Import Duty Exemptions on Raw Material Imports VII. Recommendation [FR Doc. 2022–18050 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–847] Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from the Republic of Turkey (Turkey). DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Ajay Menon or Macey Mayes, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208 or (202) 482–4473, respectively. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - Sri Lanka === 34645Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 87 FR 12080 (March 3, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Steel Nail from Sri Lanka,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. DEPARTMENT OF COMMERCE International Trade Administration [C–542–805] Certain Steel Nails From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from Sri Lanka. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On January 26, 2022, we published the notice of initiation of a countervailing duty (CVD) investigation on steel nails from Sri Lanka. 1 On March 3, 2022, Commerce postponed the preliminary determination of this investigation until May 31, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Sri Lanka. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received several comments concerning the scope of the antidumping duty (AD) and CVD investigations of steel nails as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations on or before the preliminary determinations of the companion AD investigations, the deadline for which is July 28, 2022.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated an estimated countervailable subsidy rate for Trinity Steel Private Limited (Trinity Steel), the only individually-examined exporter/ producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the rate calculated for Trinity Steel is the rate assigned to all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Trinity Steel Private Limited 4.12 All Others .............................. 4.12 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34646 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the deadline for the verification questionnaire response in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.8 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel nails from Sri Lanka are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: May 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation VII. Analysis of Programs VIII. Recommendation [FR Doc. 2022–12189 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00016 Fmt 4703 Sfmt 9990 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - Oman === 34639Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 8 See section 751(a)(2)(C) of the Act. 9 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 10 See Order. 11 See 19 CFR 351.224(b). 12 See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 13 See 19 CFR 351.309(c)(2) and (d)(2). 14 See generally 19 CFR 351.303. 15 See 19 CFR 351.303(f). 16 See Temporary Rule. calculated in the final results of this review is not zero or de minimis. For the companies which were not selected for individual review, we intend to determine an assessment rate based on the rate calculated for MEM/ Master, as noted above. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable. 8 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by the respondent where the respondent did not know that the merchandise was destined for the United States, we intend to instruct CBP to liquidate those entries at the all- others rate if there is no rate for the intermediate company(ies) involved in the transaction.9 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the finals results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific company listed above will be equal to the weighted-average dumping margin established in the final results of this administrative review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rates published for the most recently- completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered by this review, a prior review, or the original LTFV investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently- completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 4.30 percent,10 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results. 11 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs.12 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.13 Case and rebuttal briefs should be filed using ACCESS 14 and must be served on interested parties. 15 Executive summaries should be limited to five pages total, including footnotes. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 16 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Final Results of the Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: May 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation and Single Entity Treatment V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2022–12213 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–523–817] Certain Steel Nails From the Sultanate of Oman: Preliminary Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from the Sultanate of Oman (Oman). The period of investigation is January 1, 2020, through VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34640 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 87 FR 12080 (March 3, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3971. 6 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 7 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On January 26, 2022, we published the notice of initiation of a countervailing duty (CVD) investigation of steel nails from Oman. 1 On March 3, 2022, Commerce postponed the preliminary determination of this investigation until May 31, 2022.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Oman. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 We received several comments concerning the scope of the antidumping duty (AD) and CVD investigations of steel nails as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations on or before the preliminary determinations of the companion AD investigations, the deadline for which is July 28, 2022.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs.7 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated an estimated countervailable subsidy duty rate for Oman Fasteners LLC, the only individually-examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on fact otherwise available, the rate calculated for Oman Fasteners LLC is the rate assigned to all other producers and exporters. For a full description of the methodology underlying Commerce’s analysis, see the Preliminary Decision Memorandum. Preliminary Determination Commerce preliminarily determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent) Oman Fasteners LLC ........... 2.49 All Others .............................. 2.49 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the deadline for the verification questionnaire response in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.9 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34641Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). notice. 10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of nails from Oman are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: May 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation VII. Analysis of Programs VIII. Recommendation [FR Doc. 2022–12190 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–039] Certain Amorphous Silica Fabric From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) finds that VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - Thailand === 34651Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 87 FR 12080 (March 3, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Certain Steel Nails from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3971. 6 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Scope Comments V. Scope of the Investigation VI. Diversification of Turkey’s Economy VII. Subsidies Valuation VIII. Analysis of Programs IX. Recommendation [FR Doc. 2022–12191 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–845] Certain Steel Nails From Thailand: Preliminary Negative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of certain steel nails (steel nails) from Thailand. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Laura Griffith or Jonathan Hall-Eastman, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6430 or (202) 482–1468, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 26, 2022. 1 On March 3, 2022, Commerce postponed the preliminary determination of this investigation until May 31, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Thailand. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received several comments concerning the scope of the antidumping duty (AD) and CVD investigations of steel nails as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations on or before the preliminary determinations of the companion AD investigations, the deadline for which is July 28, 2022.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 Preliminary Determination For this preliminary determination, Commerce calculated de minimis estimated countervailable subsidies for each individually examined producer(s)/exporter(s) of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, Commerce has disregarded the de minimis rates. Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Come Best Thailand Co., Ltd ........................................................................................................................................ 0.04 percent (de minimis). Jinhai Hardware Co. Ltd ................................................................................................................................................ 0.10 percent (de minimis). VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34652 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). Consistent with section 703(d) of the Act, Commerce has not determined an estimated weighted-average subsidy rate for all other producers/exporters because it has not made an affirmative preliminary determination. Suspension of Liquidation Because Commerce preliminarily determines that no countervailable subsidies are being provided to the production or exportation of subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation of any such entries. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the deadline for the last verification questionnaire response in this investigation. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs after the deadline date for case briefs. 8 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will make its determination 75 days after Commerce’s final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: May 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 investigation 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34653Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Prestressed Concrete Steel Wire Strand from the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 85 FR 80005 (December 11, 2020) (Final Determination). 2 Id. 3 See Prestressed Concrete Steel Wire Strand from the Republic of Turkey: Countervailing Duty Order, 86 FR 7990 (February 3, 2021). 4 See Celik Halat ve Tel Sanayi A.S. v. United States, Slip Op. 22–13, Court No. 21–00050 (CIT February 15, 2022). 5 Id. at 37. 6 See Final Results of Redetermination Pursuant to Court Remand, Celik Halat ve Tel Sanayi A.S. v. United States, Court No. 21–00050, Slip. Op. 22– 13 (CIT February 15, 2022), dated April 15, 2022. 7 See Celik Halat ve Tel Sanayi A.S. v. United States, Slip Op. 22–55, Court No. 21–00050 (CIT May 26, 2022). 8 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 9 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 10 Commerce found the following companies to be cross-owned with Celik Halat: Dogan Sirketler Grubu Holding A.S. and Adilbey Holding A.S. See Final Determination, 85 FR at 80006 (n.8). currently classified under HTSUS subheading 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation VII. Analysis of Programs VIII. Recommendation [FR Doc. 2022–12187 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–843] Prestressed Concrete Steel Wire Strand From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : On May 26, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Celik Halat ve Tel Sanayi A.S. v. United States, Court No. 21–00050, sustaining the U.S. Department of Commerce’s (Commerce) first remand redetermination pertaining to the countervailing duty (CVD) investigation of prestressed concrete steel wire strand (PC strand) from the Republic of Turkey (Turkey), covering the period of investigation January 1, 2019, through December 31, 2019. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation, and that Commerce is amending the final determination with respect to the countervailable subsidy rate assigned to Celik Halat ve Tel Sanayi A.S. (Celik Halat) and all other exporters/producers of PC strand not individually examined. DATES : Applicable June 5, 2022. FOR FURTHER INFORMATION CONTACT : Jacob Garten, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3342. SUPPLEMENTARY INFORMATION : Background On December 11, 2020, Commerce published its Final Determination in the CVD investigation of PC strand from Turkey. 1 Commerce calculated an estimated net countervailable subsidy rate of 158.44 percent for Celik Halat and 94.61 percent for all other exporters/producers not individually examined. 2 Commerce subsequently published the CVD order on PC strand from Turkey. 3 Celik Halat appealed Commerce’s Final Determination. On February 15, 2022, the CIT remanded the Final Determination to Commerce, stating that Commerce impermissibly used facts otherwise available with respect to the late filing of Celik Halat’s initial questionnaire response.4 The CIT ordered Commerce to expeditiously determine a new estimated net countervailable subsidy rate for Celik Halat that does not resort to section 776 of the Tariff Act of 1930, as amended (the Act), with respect to the filing of the initial questionnaire response. 5 In its final remand redetermination, issued in April 2022, Commerce accepted Celik Halat’s questionnaire responses, and based upon the information received, calculated an estimated net countervailable subsidy rate of 2.96 percent for Celik Halat and 16.87 percent for all other exporters/ producers not individually examined.6 The CIT sustained Commerce’s final redetermination. 7 Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 26, 2022, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court judgment, Commerce is amending its Final Determination with respect to Celik Halat and all other exporters/ producers not individually examined as follows: Company Subsidy rate (percent) Celik Halat ve Tel Sanayi A.S.10 2.96 All Others .................................... 16.87 Cash Deposit Requirements Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: June 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–12186 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00023 Fmt 4703 Sfmt 9990 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Turkey === 51339Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34649 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether Commerce Should Revise the Base Rate of Taxation Used in its Income Tax Exemption Benefit Calculation Comment 2: Whether Commerce Should Alter its Treatment of Certain Income Tax Deductions Comment 3: Whether the Board of Investment’s (BOI) Provision of Land to Trinity Steel is Countervailable A. Investigation into Countervailability of Trinity Steel’s Land Acquisition B. Selection of the Land Benchmark Comment 4: Whether Commerce Should Continue to Countervail Import Duty Exemptions on Raw Material Imports VII. Recommendation [FR Doc. 2022–18050 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–847] Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from the Republic of Turkey (Turkey). DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Ajay Menon or Macey Mayes, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208 or (202) 482–4473, respectively. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51340 Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letters, ‘‘Verification Questionnaire for Aslanbas Civi Tel Ve Celik Hasir San A.S.,’’ dated June 9, 2022; and ‘‘Verification Questionnaire for Sertel Vida Metals A.S.,’’ dated June 9, 2022. 6 With two respondents under examination, Commerce normally calculates: (A) a weighted average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. As complete publicly ranged sales data were available, Commerce based the all-others rate on the publicly ranged sales data of the mandatory respondents. See Memorandum, ‘‘Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Republic of Turkey: All-Others Rate Calculation Memorandum,’’ dated concurrently with this determination. the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 5 Changes Since the Preliminary Determination Based on our review and analysis of the information received in lieu of on- site verification and comments received from parties, we made certain changes to the subsidy rate calculations for Sertel Vida Metal A.S. (Sertel) since the Preliminary Determination. As a result of these changes, Commerce also revised the all-others rate. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated countervailable subsidy rates for the individually investigated exporters and producers (i.e., Aslanbas Civi Tel Ve Celik Hasir San A.S. and Sertel). Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, we also calculated an estimated all- others rate for exporters and producers not individually investigated. Section 705(c)(5)(A)(i) of the Act states that ‘‘the all-others rate shall be equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 {of the Act}.’’ Therefore, Commerce calculated the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly ranged sales value for the merchandise under consideration.6 Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Aslanbas Civi Tel Ve Celik Hasir San A.S ................... 3.88 Sertel Vida Metal A.S ........... 1.52 All Others .............................. 1.86 Disclosure Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after June 7, 2022, the date of publication of the Preliminary Determination in the Federal Register. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of steel nails from Turkey. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of steel nails from Turkey. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51341Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Sodium Nitrite from the Russian Federation: Final Affirmative Duty Determination, 87 FR 38375 (June 28, 2022). 2 See ITC’S Letter, ‘‘Notification of ITC Final Determination,’’ dated August 15, 2022. and 771(i) of the Act, and 19 CFR 351.210(c). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum: I. Summary II. Background III. Subsidies Valuation Information IV. Analysis of Programs V. Analysis of Comments Comment 1: Steel Wire Rod for Less Than Adequate Remuneration (LTAR)— Applying Adverse Facts Available (AFA) to Aslanbas Civi Tel Ve Celik Hasir San A.S.’s (Aslanbas) and Sertel Vida Metal A.S.’s (Sertel) Purchases Comment 2: Steel Wire Rod for LTAR— Including Purchases That Exceed the Benchmark Price Comment 3: Steel Wire Rod for LTAR— Adjusting for Freight Charges Comment 4: Steel Wire Rod for LTAR— Removing Purchases From Resellers from the Benchmark for Aslanbas Comment 5: Steel Wire Rod for LTAR— Correcting the August Benchmark for Aslanbas VI. Recommendation [FR Doc. 2022–18053 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–821–837] Sodium Nitrite From the Russian Federation: Countervailing Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the countervailing duty order on sodium nitrite from the Russian Federation (Russia). DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Melissa Porpotage, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1413. SUPPLEMENTARY INFORMATION : Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on June 28, 2022, Commerce published its affirmative final determination in the countervailing duty investigation of sodium nitrite from Russia. 1 On August 15, 2022, the ITC notified Commerce of its affirmative final determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of subject merchandise from Russia.2 Scope of the Order The product covered by this order is sodium nitrite from Russia. For a VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - Turkey === 34649Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 87 FR 12080 (March 3, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Affirmative Preliminary Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 8 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. As complete publicly ranged sales data were available, Commerce based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see Memorandum, ‘‘All-Others Rate Calculation Memorandum,’’ dated May 31, 2022. DEPARTMENT OF COMMERCE International Trade Administration [C–489–847] Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from the Republic of Turkey (Turkey). The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Benjamin A. Luberda or Ajay Menon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2185 or (202) 482–0208, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On January 26, 2022, we published the notice of initiation of a countervailing duty (CVD) investigation on steel nails from Turkey. 1 On March 3, 2022, Commerce postponed the preliminary determination of this investigation until May 31, 2022.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 We received several comments concerning the scope of the antidumping duty (AD) and CVD investigations of steel nails as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations on or before the preliminary determinations of the companion AD investigations, the deadline for which is July 28, 2022.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Aslanbas Civi Tel Ve Celik Hasir San A.S. (Aslanbas) and Sertel Vida Metal A.S. (Sertel) that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged sales values for the merchandise under consideration. 8 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Aslanbas Civi Tel Ve Celik Hasir San A.S ................................... 3.88 Sertel Vida Metal A.S ................. 1.33 All Others .................................... 1.70 Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34650 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the deadline for the last verification questionnaire response in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs. 9 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel nails from Turkey are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: May 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34651Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 87 FR 12080 (March 3, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Certain Steel Nails from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3971. 6 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Scope Comments V. Scope of the Investigation VI. Diversification of Turkey’s Economy VII. Subsidies Valuation VIII. Analysis of Programs IX. Recommendation [FR Doc. 2022–12191 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–845] Certain Steel Nails From Thailand: Preliminary Negative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of certain steel nails (steel nails) from Thailand. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Laura Griffith or Jonathan Hall-Eastman, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6430 or (202) 482–1468, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 26, 2022. 1 On March 3, 2022, Commerce postponed the preliminary determination of this investigation until May 31, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Thailand. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received several comments concerning the scope of the antidumping duty (AD) and CVD investigations of steel nails as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations on or before the preliminary determinations of the companion AD investigations, the deadline for which is July 28, 2022.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 Preliminary Determination For this preliminary determination, Commerce calculated de minimis estimated countervailable subsidies for each individually examined producer(s)/exporter(s) of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, Commerce has disregarded the de minimis rates. Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Come Best Thailand Co., Ltd ........................................................................................................................................ 0.04 percent (de minimis). Jinhai Hardware Co. Ltd ................................................................................................................................................ 0.10 percent (de minimis). VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Thailand === 47708 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment A timeline for the submission of case briefs and written comments will be notified to interested parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.7 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice. Requests should contain (1) the party’s name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national, and (4) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the date of this preliminary determination, unless postponed pursuant 19 CFR 351.210(b)(2). International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The product covered by this investigation is certain lemon juice. Lemon juice is covered: (1) with or without addition of preservatives, sugar, or other sweeteners; (2) regardless of the GPL (grams per liter of citric acid) level of concentration, brix level, brix/ acid ratio, pulp content, clarity; (3) regardless of the grade, horticulture method (e.g., organic or not), processed form (e.g., frozen or not-from-concentrate), the size of the container in which packed, or the method of packing; and (4) regardless of the U.S. Department of Agriculture Food and Drug Administration (FDA) standard of identity (as defined under 19 CFR 146.114 et seq.) (i.e., whether or not the lemon juice meets an FDA standard of identity). Excluded from the scope are: (1) lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers; and (2) beverage products, such as lemonade, that contain 20 percent or less lemon juice as an ingredient by actual volume. ‘‘Retail-sized containers’’ are defined as lemon juice products sold in ready-for-sale packaging (e.g., clearly visible branding, nutritional facts listed, etc.) containing up to 128 ounces of lemon juice by actual volume. The scope also includes certain lemon juice that is blended with certain lemon juice from sources not subject to this investigation. Only the subject lemon juice component of such blended merchandise is covered by the scope of this investigation. Blended lemon juice is defined as certain lemon juice with two distinct component parts of differing country(s) of origin mixed together to form certain lemon juice where the component parts are no longer individually distinguishable. The product subject to this investigation is currently classifiable under subheadings 2009.31.4000, 2009.31.6020, 2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Application of Facts Available and Use of Adverse Inferences VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2022–16641 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–844] Certain Steel Nails From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (steel nails) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable August 4, 2022. VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47709Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 1 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair Value Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair Value Investigations, 87 FR 30868 (May 20, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Certain Steel Nails from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3966. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 7 Though Commerce preliminarily determined to make no change to the language of the scope in response to interested parties’ comments, we note that the scope language as listed in Appendix I omits a Harmonized Tariff Schedule of the United States (HTSUS) subheading (7318.15.5060) originally included in the scope language from the Initiation Notice, because Commerce determined that the HTSUS subheading does not exist. Id. at 15. 8 Id. at 4–5. 9 See Memorandum, ‘‘Antidumping Duty Investigation of Certain Steel Nails from Thailand: Analysis of the Preliminary Determination Margin Calculations for Come Best Co., Ltd.,’’ dated concurrently with this notice. 10 See Preliminary Decision Memorandum at section VI., ‘‘Use of Facts Available with Adverse Inferences.’’ 11 Id. at section VII., ‘‘All-Others Rate.’’ FOR FURTHER INFORMATION CONTACT : Laurel LaCivita or Matthew Palmer, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 or (202) 482–1678, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 26, 2022. 1 On May 20, 2022, Commerce postponed the preliminary determination of this investigation until July 28, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Thailand. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. On July 5, 2022, Commerce issued its preliminary determination regarding the scope of the investigation.6 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. Based on an analysis of the comments received, Commerce preliminarily determined to make no change to the scope language from the Initiation Notice, as reflected in Appendix I. 7 Commerce established a separate briefing schedule for interested parties to address the preliminary scope determination.8 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Section 733(d)(1)(ii) of the Act provides that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce assigned a rate based entirely on facts available to Jinhai Hardware Co., Ltd. (Jinhai). Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Come Best Co., Ltd. (Come Best). Consequently, the rate calculated for Come Best is also assigned as the rate for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter/producer Estimated weighted- average dumping margin (percent) Come Best (Thailand) Co. Ltd ... 9 17.12 Jinhai Hardware Co., Ltd ............ 10 65.87 All Others .................................... 11 17.12 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. To determine the cash deposit rate, pursuant to section 772(c)(1)(C) of the Act, Commerce normally adjusts the VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47710 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 12 See Certain Steel Nails from Thailand: Preliminary Negative Countervailing Duty Determination, 87 FR 34651 (June 7, 2022), and accompanying Preliminary Decision Memorandum. 13 Case briefs, other written comments, and rebuttal briefs submitted by parties in response to this preliminary LTFV determination should not include scope-related issues. The scope case briefs deadline was July 19, 2022. See Preliminary Scope Decision Memorandum at 4. 14 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 15 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 16 See Come Best’s Letter, ‘‘Certain Steel Nails from Thailand; Request to Extend Final Determination,’’ dated July 6, 2022; see also Jinhai Hardware’s Letter, ‘‘Certain Steel Nails from Thailand: Request to Postpone the Final Determination of the Investigation,’’ dated July 11, 2022. 17 See Petitioner’s Letter, ‘‘Certain Steel Nails from India, Sri Lanka and Thailand—Petitioner’s Request for Postponement Final Determination,’’ dated July 14, 2022. 18 Id. estimated weighted-average dumping margin by the amount of export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. However, Commerce did not find countervailable export subsidies in the preliminary determination of the companion CVD investigation. 12 Accordingly, we have not made any adjustment to offset for export subsidies. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose the calculations performed in connection with this preliminary determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance.13 Interested parties will be notified of the timeline for the submission of such case briefs and written comments at a later date. Rebuttal briefs may be submitted no later than seven days after the deadline for case briefs.14 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.15 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the Federal Register. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On July 6 and 11, 2022, pursuant to 19 CFR 351.210(e), Come Best and Jinhai Hardware, respectively, requested Commerce to postpone the final determination to the maximum of 135 days after the date of the publication of the preliminary determination, and to extend provisional measures to a period not to exceed six months, in the event that Commerce issued an affirmative preliminary antidumping determination in this proceeding.16 On July 14, 2022, Mid Continent Steel & Wire, Inc. (the petitioner) similarly requested that Commerce postpone the final determination for a period not to exceed 135 days after the date of the publication of the preliminary determination in this proceeding, in the event that it issued a negative preliminary determination. 17 The petitioner stated further that it supports the respondents’ requests to extend any provisional measures from a four-month period not to exceed a six-month period in the investigation, should Commerce reach an affirmative preliminary determination and should the deadline for a final determination be fully extended.18 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel nails from Thailand are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the 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 VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47711Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices of nails constructed of two or more pieces include, but are not limited to, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and the imported unassembled article falls into one of the following eight groupings: (1) Builders’ joinery and carpentry of wood that are classifiable as windows, Frenchwindows 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Affiliation V. Use of Facts Available with Adverse Inferences VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2022–16720 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–910, C–570–911, A–580–809, A–583– 008, A–583–814, A–533–502, A–570–914, C– 570–915, A–580–859, A–583–803] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China; Certain Circular Welded Non- Alloy Steel Pipe From the Republic of Korea; Certain Welded Carbon Steel Standard Pipes and Tubes From India; Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan; Certain Circular Welded Non-Alloy Steel Pipe From Taiwan; Light-Walled Rectangular Pipe and Tube From the People’s Republic of China; Light- Walled Rectangular Pipe and Tube From the Republic of Korea; Light- Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Initiation of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : In response to requests from Atlas Tube Inc., Bull Moose Tube Company, Maruichi American Corporation, Nucor Tubular Products Inc., Searing Industries, Vest Inc., Wheatland Tube Company, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (collectively, the domestic interested parties), the U.S. Department of Commerce (Commerce) is initiating country-wide circumvention inquiries to determine whether imports of circular welded carbon quality steel pipe from the People’s Republic of China (China) (CWP China), certain circular welded non-alloy steel pipe from the Republic of Korea (Korea) (CWP Korea), certain welded carbon steel standard pipes and tubes from India (pipe and tube India), certain circular welded carbon steel pipes and tubes from Taiwan (pipe and tube Taiwan), certain circular welded non- alloy steel pipe from Taiwan (CWP Taiwan), light-walled rectangular pipe and tube from China (LWRPT China), light-walled rectangular pipe and tube from Korea (LWRPT Korea), and light- walled welded rectangular carbon steel tubing (LWR tubing Taiwan), which are completed in the Socialist Republic of Vietnam (Vietnam) from hot-rolled steel (HRS) produced in China, Korea, India, or Taiwan are circumventing the respective antidumping duty (AD) and countervailing duty (CVD) orders on VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - Sri Lanka === 78933Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Steel Nails from Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 87 FR 47701 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Negative Determination of Sales at Less- Than-Fair-Value in the Investigation of Certain Steel Nails from Sri Lanka,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 4 Id at 4. 5 See Commerce’s Letter, ‘‘Questionnaire in Lieu of Verification,’’ dated October 3, 2022. responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties did occur and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 19 CFR 351.221(b)(5). Dated: December 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Costs of Production Comment 2: Adjustment of U.S. Indirect Selling Expense Ratio Comment 3: Adjustment of General and Administrative Expenses Comment 4: U.S. Repacking Expense V. Recommendation [FR Doc. 2022–28007 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–542–804] Certain Steel Nails From Sri Lanka: Final Negative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain steel nails (steel nails) from Sri Lanka are not being, nor are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : Allison Hollander, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2805. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register its preliminary negative determination in the LTFV investigation of steel nails from Sri Lanka, in which it also postponed the final determination until December 19, 2022. 1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope Comments On July 5, 2022, we issued the Preliminary Scope Decision Memorandum. 3 The scope case briefs were due on July 19, 2022.4 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. Scope of the Investigation The product covered by this investigation is steel nails from Sri Lanka. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation pursuant to section 782(i) of the Tariff Act of 1930, as amended (the Act). Accordingly, we took additional steps in lieu of an on-site verification and requested additional documentation and information. 5 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination Based on our analysis of the comments received, we made a change to the margin calculation for Trinity Steel Private Limited since the Preliminary Determination. For a discussion of the change, see the Issues and Decision Memorandum. Final Determination Commerce determines that the following estimated weighted-average dumping margin exists for the POI: VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78934 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices Exporter or producer Weighted- average dumping margin (percent) Trinity Steel Private Limited ....... 0.00 Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters pursuant to sections 735(c)(1)(B) and (c)(5) of the Act, because it has not made a final affirmative determination of sales at LTFV. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Suspension of Liquidation Because Commerce has made a final negative determination of sales at LTFV with regard to subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation or to require a cash deposit of estimated antidumping duties for entries of steel nails from Sri Lanka. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final negative determination of sales at LTFV. As our final determination is negative, this proceeding is terminated in accordance with section 735(c)(2) of the Act. Administrative Protective Order This notice serves as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: December 19, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Change Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Valuation of Constructed Value (CV) Profit and Indirect Selling Expense (ISE) Ratios Comment 2: Application of the Cohen’s d Test Comment 3: Quarterly Cost Database VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78935Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Steel Nails from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 47699 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Sertel Vida’s Letter, ‘‘Sertel Case Brief,’’ dated November 14, 2022. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Less-Than-Fair Value Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice. 4 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 5 Id. at 4. 6 See the Issues and Decision Memorandum. 7 See ITC’s Letter, Notification Regarding the Countervailing Duty Investigation, dated October 6, 2022. V. Recommendation [FR Doc. 2022–28019 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–846] Certain Steel Nails From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : David Crespo or Amaris Wade, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693 or (202) 482–6334, respectively. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register the Preliminary Determination of sales at LTFV of nails from Turkey. 1 We invited interested parties to comment on the Preliminary Determination. We received one case brief from Sertel Vida Metal A.S. (Sertel Vida).2 We received no other case or rebuttal briefs. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by Sertel Vida for the final determination, may be found in the Issues and Decision Memorandum.3 Scope Comments On July 5, 2022, we issued the Preliminary Scope Decision Memorandum. 4 The scope case briefs were due on July 19, 2022.5 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. Scope of the Investigation The products covered by this investigation are nails from Turkey. For a full description of the scope of this investigation, see Appendix I. Analysis of Comments Received The sole issue raised in comments that were submitted by parties in this investigation is addressed in the Issues and Decision Memorandum.6 A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in September 2022, we verified the sales and cost information submitted by Aslanbas Civi Tel Ve Celik Hasir San A.S (Aslanbas), for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Aslanbas. In addition, as provided in section 782(i) of the Act, in September and October 2022, we conducted verification of the cost and sales information submitted by Sertel Vida using standard verification procedures. However, as explained in the Issues and Decision Memorandum, Commerce was unable to verify the accuracy of Sertel Vida’s reporting with respect to its sales data. As a consequence, we find that Sertel Vida’s reported sales data are unverified, and, thus, cannot serve as a reliable basis for calculating an accurate margin for Sertel Vida in this investigation. Specifically, because we encountered so many errors within Sertel Vida’s reported sales data at verification, and the submitted sales information is integral to the proper evaluation of its margin calculation, we find that all of the sales information submitted by Sertel Vida is unverified. For further discussion, see the Issues and Decision Memorandum. Changes from the Preliminary Determination Based on our analysis of the comment received and our findings at verification, we made certain changes to the margin calculations for Aslanbas and Sertel Vida. For a discussion of these changes, see the Issues and Decision Memorandum. Additionally, because the U.S. International Trade Commission (ITC) found that the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey, the companion countervailing duty investigation has been terminated.7 Thus, we will not adjust the final estimated weighted-average dumping margin for Aslanbas or Sertel Vida for export subsidies to determine each company’s cash deposit rate. Adverse Facts Available Due to our inability to verify Sertel Vida’s submitted data, we are unable to use its data to calculate an accurate dumping margin for the company. We also find that Sertel Vida did not act to the best of its ability to comply with our requests for information. Therefore, for this final determination we find it appropriate to assign Sertel Vida an estimated weighted-average dumping margin based on facts available with an adverse inference (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Issues and Decision Memorandum. Pursuant to section 776(b) of the Act, we examined the dumping margins alleged in the petition, the weighted- average dumping margins calculated in this final determination, and other information of the record of this investigation to determine an appropriate estimated weighted-average dumping margin for Sertel Vida based VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Sri Lanka === 47701Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 13 See generally 19 CFR 351.303. 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All requests and submissions must be filed electronically using ACCESS. 13 An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time on the date that the submission is due. Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.14 Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the date of this preliminary determination, unless postponed pursuant 19 CFR 351.210(b)(2). International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If Commerce’s final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of nails from Turkey are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 of this investigation are certain steel nails with a nominal shaft or shank length of one inch or less that are a component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Recommendation [FR Doc. 2022–16721 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–542–804] Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (steel nails) from Sri Lanka are not being, or are not likely to be, sold in the United States at less than fair value (LTFV). The VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47702 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 1 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Negative Determination in the Less- Than-Fair-Value Investigation of Certain Steel Nails from Sri Lanka,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3966. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 7 Though Commerce preliminarily determined to make no change to the language of the scope in response to interested parties’ comments, we note that the scope language as listed in Appendix I omits an HTSUS subheading (7318.15.5060) originally included in the scope language from the Initiation Notice, because Commerce determined that the HTSUS subheading does not exist. Id. at 15. 8 Id. at 4–5. 9 Case briefs, other written comments, and rebuttal briefs submitted by parties in response to this preliminary LTFV determination should not include scope-related issues. The scope case briefs deadline was July 19, 2022. See the Preliminary Scope Decision Memorandum at 4. period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable August 4, 2022. FOR FURTHER INFORMATION CONTACT : Allison Hollander, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2805. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 26, 2022. 1 On May 20, 2022, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now July 28, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from Sri Lanka. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. On July 5, 2022, Commerce issued its preliminary determination regarding the scope of the investigation.6 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. Based on an analysis of the comments received, Commerce preliminarily determined to make no change to the scope language from the Initiation Notice, as reflected in Appendix I. 7 Commerce established a separate briefing schedule for interested parties to address the preliminary scope determination.8 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margin exists: Exporter or producer Estimated weighted- average dumping margin (percent) Trinity Steel Private Limited ....... 0.00 Consistent with section 733(b)(3) of the Act, Commerce disregards de minimis rates. Accordingly, Commerce preliminarily determines that Trinity Steel Private Limited, the only individually examined respondent with a zero rate, has not made sales of subject merchandise at LTFV. Consistent with section 733(d) of the Act, Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters because it has not made an affirmative preliminary determination of sales at LTFV. Suspension of Liquidation Because Commerce has made a negative preliminary determination of sales at LTFV with regard to subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation or to require a cash deposit of estimated antidumping duties for entries of steel nails from Sri Lanka. Disclosure Commerce intends to disclose its calculations and related analysis to interested parties within five days of any public announcement of the preliminary determination or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. 9 Interested parties will be notified of the timeline for the submission of such case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in these case briefs, may be submitted no later than seven days after VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47703Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See Petitioner’s Letter, ‘‘Certain Steel Nails from India, Sri Lanka and Thailand—Petitioner’s Request for Postponement Final Determination,’’ dated July 14, 2022. 13 See also 19 CFR 351.210(e). the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the Federal Register. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination Section 735(a)(2)(B) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination in the Federal Register if, in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. On July 14, 2022, Mid Continent Steel & Wire, Inc. (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 12 In accordance with section 735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary determination is negative; (2) the petitioner has requested the postponement of the final determination; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination. Accordingly, Commerce will make its final determination by no later than 135 days after the date of publication of this preliminary determination in the Federal Register, pursuant to section 735(a)(2) of the Act.13 U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If Commerce’s final determination is affirmative, then the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel nails from Sri Lanka are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Attachment I—Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 investigation 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47704 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 1 See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 86 FR 35065 (July 1, 2021). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 50034 (September 7, 2021). 4 See Memorandum, ‘‘Certain Steel Nails from the Republic of Korea: Extension of Deadline for Preliminary Results of the 2020–2021 Antidumping Duty Administrative Review,’’ dated March 11, 2022. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain Steel Nails from the Republic of Korea; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See Petitioner’s Letter, ‘‘Certain Steel Nails from Korea—Withdrawal of Review Request,’’ dated September 21, 2021. 7 See Memorandum, ‘‘2020–2021 Administrative Review of the Antidumping Duty Order on Certain Steel Nails from the Republic of Korea: Respondent Selection,’’ dated October 5, 2021. 8 See 19 CFR 351.224(b). HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation VII. [FR Doc. 2022–16722 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–874] Certain Steel Nails From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2020–2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that Daejin Steel Company (Daejin) and Korea Wire Co., Ltd. (KOWIRE), the producers and/or exporters subject to this administrative review, made sales of certain steel nails (steel nails) from the Republic of Korea (Korea) at less than normal value (NV) during the period of review (POR) July 1, 2020, through June 30, 2021. DATES : Applicable August 4, 2022. FOR FURTHER INFORMATION CONTACT : Eva Kim and Reginald Anadio, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8283 or (202) 482–3166, respectively. SUPPLEMENTARY INFORMATION : Background On July 13, 2015, Commerce published the Order in the Federal Register. 1 On July 1, 2021, we published a notice of opportunity to request an administrative review of the Order.2 On September 7, 2021, based on timely requests for review, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), we initiated an administrative review of the Order on steel nails from Korea covering the following individually-examined companies: Daejin and KOWIRE.3 On March 11, 2022, pursuant to section 751(a)(3)(A) of the Act, Commerce extended the preliminary results of this review to no later than July 29, 2022. 4 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. On July 29, 2021, Mid Continent Steel & Wire, Inc. (the petitioner) requested an administrative review of 213 producers and/or exporters, including Daejin and KOWIRE. On September 21, 2021, the petitioner timely withdrew its request for 209 of the 213 companies. 6 Because all requests for administrative review of the 209 companies were timely withdrawn, and no other parties requested review of these companies, Commerce is rescinding this review, in part, with respect to these 209 companies. On October 5, 2021, based on U.S. Customs and Border Protection (CBP) data, we selected Daejin and KOWIRE as the mandatory respondents in this administrative review. 7 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. Scope of the Order The merchandise subject to the Order is steel nails from Korea. For a complete description of the scope of the Order, see Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Act. Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx/. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for the period July 1, 2020, through June 30, 2021: Producer/exporter Weighted- average dumping margin (percent) Daejin Steel Company ................ 4.38 Korea Wire Co., Ltd .................... 0.75 Je-il Wire Production Co., Ltd .... 2.57 Koram Inc ................................... 2.57 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.8 Interested parties may submit case briefs to Commerce no later than 30 days after VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - Turkey === 78935Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Steel Nails from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 47699 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Sertel Vida’s Letter, ‘‘Sertel Case Brief,’’ dated November 14, 2022. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Less-Than-Fair Value Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice. 4 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 5 Id. at 4. 6 See the Issues and Decision Memorandum. 7 See ITC’s Letter, Notification Regarding the Countervailing Duty Investigation, dated October 6, 2022. V. Recommendation [FR Doc. 2022–28019 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–846] Certain Steel Nails From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : David Crespo or Amaris Wade, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693 or (202) 482–6334, respectively. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register the Preliminary Determination of sales at LTFV of nails from Turkey. 1 We invited interested parties to comment on the Preliminary Determination. We received one case brief from Sertel Vida Metal A.S. (Sertel Vida).2 We received no other case or rebuttal briefs. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by Sertel Vida for the final determination, may be found in the Issues and Decision Memorandum.3 Scope Comments On July 5, 2022, we issued the Preliminary Scope Decision Memorandum. 4 The scope case briefs were due on July 19, 2022.5 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. Scope of the Investigation The products covered by this investigation are nails from Turkey. For a full description of the scope of this investigation, see Appendix I. Analysis of Comments Received The sole issue raised in comments that were submitted by parties in this investigation is addressed in the Issues and Decision Memorandum.6 A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in September 2022, we verified the sales and cost information submitted by Aslanbas Civi Tel Ve Celik Hasir San A.S (Aslanbas), for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Aslanbas. In addition, as provided in section 782(i) of the Act, in September and October 2022, we conducted verification of the cost and sales information submitted by Sertel Vida using standard verification procedures. However, as explained in the Issues and Decision Memorandum, Commerce was unable to verify the accuracy of Sertel Vida’s reporting with respect to its sales data. As a consequence, we find that Sertel Vida’s reported sales data are unverified, and, thus, cannot serve as a reliable basis for calculating an accurate margin for Sertel Vida in this investigation. Specifically, because we encountered so many errors within Sertel Vida’s reported sales data at verification, and the submitted sales information is integral to the proper evaluation of its margin calculation, we find that all of the sales information submitted by Sertel Vida is unverified. For further discussion, see the Issues and Decision Memorandum. Changes from the Preliminary Determination Based on our analysis of the comment received and our findings at verification, we made certain changes to the margin calculations for Aslanbas and Sertel Vida. For a discussion of these changes, see the Issues and Decision Memorandum. Additionally, because the U.S. International Trade Commission (ITC) found that the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey, the companion countervailing duty investigation has been terminated.7 Thus, we will not adjust the final estimated weighted-average dumping margin for Aslanbas or Sertel Vida for export subsidies to determine each company’s cash deposit rate. Adverse Facts Available Due to our inability to verify Sertel Vida’s submitted data, we are unable to use its data to calculate an accurate dumping margin for the company. We also find that Sertel Vida did not act to the best of its ability to comply with our requests for information. Therefore, for this final determination we find it appropriate to assign Sertel Vida an estimated weighted-average dumping margin based on facts available with an adverse inference (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Issues and Decision Memorandum. Pursuant to section 776(b) of the Act, we examined the dumping margins alleged in the petition, the weighted- average dumping margins calculated in this final determination, and other information of the record of this investigation to determine an appropriate estimated weighted-average dumping margin for Sertel Vida based VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78936 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices on AFA. We are assigning the highest transaction-specific dumping margin calculated for Aslanbas as the estimated weighted-average dumping margin to Sertel Vida based on AFA. Because we are relying on information obtained in the course of this investigation, we do not need to corroborate this margin pursuant section 776(c) of the Act. For further discussion, see the Issues and Decision Memorandum at ‘‘Use of Adverse Facts Available.’’ All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. Aslanbas is the only respondent for which Commerce calculated a company-specific estimated weighted-average dumping margin that is above de minimis and not based entirely on AFA. Therefore, for purposes of determining the ‘‘all-others’’ rate and pursuant to section 735(c)(5)(A) of the Act, we are using the estimated weighted-average dumping margin calculated for Aslanbas, as referenced in the ‘‘Final Determination’’ section, below. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter or producer Weighted- average dumping margin (percent) Aslanbas Civi Tel Ve Celik Hasir San A.S. .................................. 27.62 Sertel Vida Metal A.S. ................ 118.20 All Others .................................... 27.62 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of nails from Turkey, as described in Appendix I to this notice, entered, or withdrawn from warehouse, for consumption on or after August 4, 2022, the date of publication of Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties equal to the estimated weighted-average dumping margin, as follows: (1) the cash deposit rate for the companies listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding. Accordingly, in a LTFV investigation where Commerce has made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate countervailed export subsidy rate. Here, because the ITC made a negative determination in the companion CVD proceeding, we are no longer adjusting our cash deposit rate to account for export subsidies in this final determination. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose under administrative protective order (APO) its calculations and related analysis to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). ITC Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of nails from Turkey no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as a final reminder to the parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: December 19, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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. VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78937Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Steel Nails from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 47719 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Antidumping Duty Determination in the Less-Than- Fair-Value Investigation of Certain Steel Nails from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 4 Id at 4. 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Facts Available with an Adverse Inference IV. Changes from the Preliminary Determination V. Discussion of the Issue Comment: Sertel Vida’s Date of Sale VI. Recommendation [FR Doc. 2022–28018 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–904] Certain Steel Nails From India: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain steel nails (steel nails) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : David Lindgren or Charles Doss, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1671 or (202) 482–4474, respectively. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register its Preliminary Determination in the LTFV investigation of steel nails from India, in which it also postponed the final determination until December 19, 2022. 1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope Comments On July 5, 2022, we issued the Preliminary Scope Decision Memorandum. 3 The scope case briefs were due on July 19, 2022.4 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. Scope of the Investigation The product covered by this investigation are steel nails from India. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Turkey === 47699Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 1 See Certain Steel Nails From India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails From India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3966. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memo). 7 Though Commerce preliminarily determined to make no changes to the language of the scope in response to interested parties’ comments, we note that the scope language as listed in Appendix I omits an HTSUS subheading (i.e., 7318.15.5060) originally included in the scope language from the Initiation Notice, because Commerce determined that this HTSUS subheading does not exist. Id. at 15. 8 Id. at 4–5. 9 With two respondents under examination, Commerce normally calculates (A) a weighted Continued country(s) of origin mixed together to form certain lemon juice where the component parts are no longer individually distinguishable. The product subject to this investigation is currently classifiable under subheadings 2009.31.4000, 2009.31.6020, 2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Postponement of Final Determination and Extension of Provisional Measures VI. Affiliation/Single Entity VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2022–16640 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–846] Certain Steel Nails From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (nails) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable August 4, 2022. FOR FURTHER INFORMATION CONTACT : David Crespo or Amaris Wade, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693 or (202) 482–6334, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 26, 2022.1 On May 20, 2022, Commerce postponed the preliminary determination of this investigation until July 28, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are nails from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. On July 5, 2022, Commerce issued its preliminary determination regarding the scope of the investigation.6 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. Based on an analysis of the comments received, Commerce preliminarily determined to make no changes to the scope language from the Initiation Notice, as reflected in Appendix I.7 Commerce has established a separate briefing schedule for interested parties to address the preliminary scope determination.8 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Aslanbas Civi Tel Ve Celik Hasir San A.S. (Aslanbas) and Sertel Vida Metal A.S. (Sertel Vida) that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the individually examined respondents using the publicly ranged total value of each respondent’s sales of the merchandise under consideration to the United States during the POI.9 VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47700 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices average of the estimated weighted-average dumping margins calculated for the examined respondents using the confidential total U.S. sales value of the merchandise under consideration; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged total U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for the estimated weighted-average dumping margin assigned to all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment 1. For a complete analysis of the data, see Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Steel Nails from the Republic of Turkey: Calculation of the All-Others Rate for the Preliminary Determination,’’ dated concurrently with this notice. 10 In the preliminary determination of the companion countervailing duty (CVD) proceeding, Commerce found that certain of the programs conferring a benefit to the two mandatory respondents, Aslanbas and Sertel Vida, were export contingent subsidies. In accordance with section 772(c)(1)(C) of the Act, we have preliminarily relied on the CVD rates of 0.72 and 0.78 percent (i.e., the rates only related to export contingent subsidies) calculated for Aslanbas and Sertel Vida, respectively, as well as the CVD all others rate of 0.77 percent, for purposes of determining the preliminary AD cash deposit rate. See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Steel Nails from the Republic of Turkey: Placing Public Information Related to the Calculation of the ‘‘All Others Rate’’ from the Preliminary Determination of the Companion Countervailing Duty Investigation of Certain Steel Nails from the Republic of Turkey,’’ dated July 25, 2022. 11 Case briefs, other written comments, and rebuttal briefs submitted by parties in response to this preliminary LTFV determination should not include scope-related issues. The scope case briefs deadline was July 19, 2022. See Preliminary Scope Decision Memorandum at 4. 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter or producer Estimated weighted- average dumping margin (percent) Export subsidy offset (percent) Cash deposit rate adjusted for subsidy offset (percent) 10 Aslanbas Civi Tel Ve Celik Hasir San A.S .................................................................................. 22.72 0.72 22.00 Sertel Vida Metal A.S .................................................................................................................. 38.38 0.78 37.60 All Others ..................................................................................................................................... 35.77 0.77 35.00 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit for estimated antidumping duties that is equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the companies listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion CVD proceeding. Accordingly, in a LTFV investigation where Commerce has made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate countervailed export subsidy rate. The adjusted cash deposit rate may be found in the ‘‘Preliminary Determination’’ section above. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose under Administrative Protective Order its calculations and related analysis to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance.11 Interested parties will be notified of the timeline for the submission of such case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice in the Federal Register. Requests should contain (1) the party’s name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national, and (4) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47701Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 13 See generally 19 CFR 351.303. 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All requests and submissions must be filed electronically using ACCESS. 13 An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time on the date that the submission is due. Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.14 Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the date of this preliminary determination, unless postponed pursuant 19 CFR 351.210(b)(2). International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If Commerce’s final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of nails from Turkey are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 of this investigation are certain steel nails with a nominal shaft or shank length of one inch or less that are a component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Recommendation [FR Doc. 2022–16721 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–542–804] Certain Steel Nails From Sri Lanka: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (steel nails) from Sri Lanka are not being, or are not likely to be, sold in the United States at less than fair value (LTFV). The VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - India === 47719Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 1 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 87 FR 3965 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Certain Steel Nails from India’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 3966. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 7 Although Commerce preliminarily determined to make no change to the language of the scope in response to interested parties’ comments, we note that the scope language as listed in Appendix I omits an HTSUS subheading (7318.15.5060) originally included in the scope language from the Initiation Notice, because Commerce determined that the HTSUS subheading does not exist. Id. at 15. 8 Id. at 4–5. 9 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was available, Commerce based the all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Steel Nails from India: Calculation of the Preliminary All-Others Rate,’’ dated concurrently with this notice. DEPARTMENT OF COMMERCE International Trade Administration [A–533–904] Certain Steel Nails From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (steel nails) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable August 4, 2022. FOR FURTHER INFORMATION CONTACT : David Lindgren or Deborah Cohen, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1671 or (202) 482–4521, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 26, 2022. 1 On May 20, 2022, Commerce postponed the preliminary determination of this investigation until July 28, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. On July 5, 2022, Commerce issued its preliminary determination regarding the scope of the investigation.6 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. Based on an analysis of the comments received, Commerce preliminarily determined to make no change to the scope language from the Initiation Notice, as reflected in Appendix I. 7 Commerce established a separate briefing schedule for interested parties to address the preliminary scope determination.8 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export and constructed export prices in accordance with sections 772(a) and (b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Astrotech Steels Private Limited (Astrotech) and Geekay Wires Limited (Geekay) that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the individually- examined respondents using the publicly-ranged total values of each respondent’s sales of the merchandise under consideration to the United States during the POI. 9 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47720 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 10 In the preliminary determination of the companion CVD proceeding, Commerce found that all of the programs conferring a benefit to the two mandatory respondents, Astrotech and Geekay, were export contingent subsidies. In accordance with section 772(c)(1)(C) of the Act, we have preliminarily relied on the entire CVD rates of 2.93 and 2.73 percent calculated for Astrotech and Geekay, respectively, as well as the CVD all others rate of 2.85 percent, for purposes of determining the preliminary AD cash deposit rate. See Certain Steel Nails from India: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34654 (June 7, 2022), and accompanying Preliminary Decision Memorandum. 11 Case briefs, other written comments, and rebuttal briefs submitted by parties in response to this preliminary LTFV determination should not include scope-related issues. The scope case briefs deadline was July 19, 2022. See Preliminary Scope Decision Memorandum at 4. 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). Exporter/producer Estimated weighted-average dumping margin (percent) Cash deposit rate adjusted for subsidy offset (percent) 10 Astrotech Steels Private Limited ................................................................................................................. 2.91 0.00 Geekay Wires Limited ................................................................................................................................. 3.97 1.24 All Others ..................................................................................................................................................... 3.31 0.46 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Preliminary Determination’’ section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and related analysis to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance.11 Interested parties will be notified of the timeline for the submission of such case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the Federal Register. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination in the Federal Register if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Mid Continent Steel & Wire, Inc. (the petitioner). Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four- month period to a period not more than six months in duration. Pursuant to 19 CFR 351.210(e), Geekay and Astrotech requested on July 8 and 11, 2022, respectively, that, in the event of an affirmative preliminary determination in this investigation, VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES 47721Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices 14 See Geekay’s Letter, ‘‘Request to Extend the Deadline for the Final Determination,’’ dated July 8, 2022; see also Astrotech’s Letter, ‘‘Astrotech’s Request to Postpone Final Determination,’’ dated July 11, 2022. 15 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement Final Determination,’’ dated July 14, 2022. 16 Id. Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. 14 On July 14, 2022, the petitioner similarly requested Commerce to postpone the final determination for a period not to exceed 135 days after the date of the publication of the preliminary determination in this proceeding in the event that it issued a negative preliminary determination. 15 The petitioner stated further that it supports the respondents’ requests to extend any provisional measures from a four-month period not to exceed a six-month period in the investigation, should Commerce reach an affirmative preliminary determination and should the deadline for a final determination be fully extended.16 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, then the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel nails from India are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Recommendation [FR Doc. 2022–16723 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 PO 00000 Frm 00033 Fmt 4703 Sfmt 9990 E:\FR\FM\04AUN1.SGM 04AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - CVD - Final - India === 51333Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from India: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34654 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letters, In Lieu of On-site Verification Questionnaire, dated June 2, 2022, and June 9, 2022, respectively; see also ‘‘Astrotech’s In Lieu of Verification Questionnaire Response,’’ dated June 10, 2022; and Geekay’s Letter, ‘‘In Lieu of On- Site Verification Questionnaire Response,’’ dated June 17, 2022 (Geekay’s ILOV Response). 6 For example, due to minor corrections, we modified Geekay Wires Limited’s (Geekay) subsidy calculations; these corrections, however, did not change Geekay’s final subsidy rate. See Geekay’s ILOV Response at 1–2. Lewiston-Auburn Economic Growth Council, authorizing the establishment of Foreign-Trade Zone 263 (Board Order 1354); Whereas, the Lewiston-Auburn Economic Growth Council has made a request (FTZ Docket B–13–2022) to the Board for voluntary relinquishment of the grant of authority for FTZ 263, and; Whereas, the Board, noting the concurrence of U.S. Customs and Border Protection, adopts the findings of the FTZ staff report and concludes that approval of the request is in the public interest; Now, therefore, the Foreign-Trade Zones Board terminates the FTZ status of Foreign-Trade Zone No. 263, effective this date. Dated: August 16, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance, Alternate Chairperson, Foreign- Trade Zones Board. [FR Doc. 2022–18044 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–905] Certain Steel Nails From India: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from India. DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Genevieve Coen or Eric Hawkins, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3251 or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is April 1, 2020, through March 31, 2021. Scope of the Investigation The products covered by this investigation are steel nails from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce received no comments from interested parties on the Preliminary Scope Memorandum. Thus, Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 5 Changes Since the Preliminary Determination Based on our review and analysis of the information received in lieu of on- site verification and comments received from parties, we made certain changes to the Preliminary Determination.6 However, these changes did not alter the subsidy rates calculated in the Preliminary Determination for the mandatory respondents, or the rate for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated countervailable subsidy rates for the individually investigated exporters and producers (i.e., Astrotech Steels Pvt. Ltd. (Astrotech) and Geekay). Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, we also calculated an estimated all- others rate for exporters and producers not individually investigated. Section 705(c)(5)(A)(i) of the Act states that ‘‘the all-others rate shall be equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 {of the Act}.’’ Therefore, Commerce calculated the all-others rate using a weighted average of the individual estimated subsidy rates VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51334 Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 7 With two respondents under examination, Commerce normally calculates: (A) a weighted average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. As complete publicly ranged sales data were available, Commerce based the all-others rate on the publicly ranged sales data of the mandatory respondents. See Memorandum, ‘‘Preliminary Determination of Subsidy Rate for All Others,’’ dated May 31, 2022. calculated for the examined respondents using each company’s publicly ranged sales value for the merchandise under consideration. 7 Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Astrotech Steels Pvt. Ltd ...... 2.93 Geekay Wires Limited .......... 2.73 All Others .............................. 2.85 Disclosure Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after June 7, 2022, the date of publication of the Preliminary Determination in the Federal Register. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of steel nails from India. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of steel nails from India. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 771(i) of the Act, and 19 CFR 351.210(c). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51335Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from the Sultanate of Oman: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34639 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman,’’ dated concurrently with this determination (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Oman and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Oman: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letters, ‘‘Revised In Lieu of Verification Questionnaire for Oman Fasteners LLC in the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman,’’ dated June 17, 2022; and ‘‘Revised In Lieu of Verification Questionnaire for the Government of the Sultanate of Oman in the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman’’ dated June 17, 2022. 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to these investigations also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Subsidies Valuation Information IV. Analysis of Programs V. Analysis of Comments Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to Reported Benefits Based on the Government of India’s (GOI) Incomplete Questionnaire Responses Comment 2: Whether Commerce Properly Initiated the Investigation and Met its Obligations Subject to the Agreement on Subsidies and Countervailing Measures (ASCM) Comment 3: Whether the GOI’s System for Measuring Input Consumption for Duty Drawback (DDB) is Reasonable and Effective Comment 4: Whether the Export Promotion of Capital Goods Scheme (EPCGS) Confers a Countervailable Subsidy Comment 5: Whether the Merchandise Export from India Scheme (MEIS) Can Be Considered a ‘‘Measure at Issue’’ When It Was Discontinued Prior to the Initiation of This Investigation Comment 6: Whether the Special Economic Zone (SEZ) Programs are Countervailable VI. Recommendation [FR Doc. 2022–18045 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–523–817] Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from the Sultanate of Oman (Oman). DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Oman. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient and that the subsidy is specific. 4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 5 VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - India === 34654 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain New Pneumatic Off-the-Road Tires from India: Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order); and Certain New Pneumatic Off-the-Road Tires from India: Notice of Correction to Antidumping Duty Order, 82 FR 25598 (June 2, 2017). 2 See Initiation of Five-Year (Sunset) Review, 87 FR 5467 (February 1, 2022). 3 The domestic producer is Titan Tire Corporation. 4 See Domestic Producer’s Letter, ‘‘Certain New Pneumatic Off-the-Road Tires from India: Notice of Intent to Participate in Sunset Review,’’ dated February 16, 2022. 5 See Domestic Producer’s Letter, ‘‘Certain New Pneumatic Off-the-Road Tires from India: Substantive Response to Notice of Initiation,’’ dated March 3, 2022. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on November 1, 2021,’’ dated December 20, 2021. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Expedited Sunset Review of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires from India,’’ dated concurrently with, and hereby adopted by, this notice. DEPARTMENT OF COMMERCE International Trade Administration [A–533–869] Certain New Pneumatic Off-the-Road Tires From India: Final Results of Expedited Sunset Review of the Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain new pneumatic off-the-road tires (off-road tires) from India would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6412. SUPPLEMENTARY INFORMATION : Background On February 1, 2022, Commerce published the notice of initiation of the sunset review of the AD order on off- road tires from India, 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 In accordance with 19 CFR 351.218(d)(1)(i) and (ii), Commerce received notices of intent to participate in these sunset reviews from a domestic producer 3 within 15 days after the date of publication of the Initiation Notice.4 The domestic producer claimed domestic interested party status under section 771(9)(C) of the Act, as a manufacturer of a domestic like product in the United States. On March 3, 2022, the domestic producer submitted a timely substantive response within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 5 Commerce did not receive a substantive response from any other interested parties with respect to the Order covered by this sunset review, nor was a hearing requested. On December 20, 2021, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties. 6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The products covered by the Order are off-road tires from India. For a full description of the scope, see the Issues and Decision Memorandum. 7 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order were revoked. A list of topics discussed in the Issues and Decision Memorandum is included as the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. A complete version of the Issues and Decision Memorandum can be accessed directly at https:// access.trade.gov/public/FRNotices/ ListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted- average margins of up to 3.67 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: June 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2022–12251 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–905] Certain Steel Nails From India: Preliminary Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from India. The period of investigation is April 1, 2020, through March 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 7, 2022. FOR FURTHER INFORMATION CONTACT : Genevieve Coen or Eric Hawkins, AD/ VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34655Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) (Initiation Notice). 2 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 87 FR 12080 (March 3, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Certain Steel Nails from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 87 FR at 3971. 6 See Certain Steel Nails from India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 87 FR 30868 (May 20, 2022). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 8 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. For a complete analysis of the data, see Memorandum, ‘‘Preliminary Determination of Subsidy Rate for All Others,’’ dated May 31, 2022. CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3251, or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On January 26, 2022, we published the initiation of a countervailing duty (CVD) investigation on steel nails from India. 1 On March 3, 2022, Commerce postponed the preliminary determination of this investigation until May 31, 2022.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel nails from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 We received several comments concerning the scope of the antidumping duty (AD) and CVD investigations of steel nails as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations on or before the preliminary determinations of the companion AD investigations, the deadline for which is July 28, 2022.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Astrotech Steels Pvt. Ltd. (Astrotech) and Geekay Wires Limited (Geekay), the two individually-examined exporter/ producers that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all- others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged sales values for the merchandise under consideration. 8 Preliminary Determination Commerce preliminarily determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (ad valorem) (percent) Astrotech Steels Pvt. Ltd ...... 2.93 Geekay Wires Limited .......... 2.73 All Others .............................. 2.85 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the deadline for the last VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 34656 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). verification questionnaire response in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs. 9 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel nails from India are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: May 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to these investigations also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation VII. Analysis of Programs VIII. Recommendation [FR Doc. 2022–12188 Filed 6–6–22; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:56 Jun 06, 2022 Jkt 256001 PO 00000 Frm 00026 Fmt 4703 Sfmt 9990 E:\FR\FM\07JNN1.SGM 07JNN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination - CVD - Final - Thailand === 51343Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 9 See Final Rule, 86 FR at 52335. 1 See Certain Steel Nails from Thailand: Preliminary Negative Countervailing Duty Determination, 87 FR 34651 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letters, ‘‘Questionnaire in Lieu of Verification,’’ dated June 14, 2022, June 15, 2022, and June 17, 2022, respectively; see also Come Best’s Letter, ‘‘Certain Steel Nails from Thailand; In Lieu of Verification Response,’’ dated June 21, 2022; Continued Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 9 Accordingly, as stated above, the petitioner and the Government of Russia should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of Russia will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Government of Russia are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the countervailing duty order with respect to sodium nitrite from Russia, pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in effect at https:// enforcement.trade.gov/stats/ iastats1.html. This countervailing order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The merchandise covered by this order is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by this investigation may or may not contain an anti-caking agent. Examples of names commonly used to reference sodium nitrite are nitrous acid, sodium salt, anti-rust, diazotizing salts, erinitrit, and filmerine. Sodium nitrite’s chemical composition is NaNO2, and it is generally classified under subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). The American Chemical Society Chemical Abstract Service (CAS) has assigned the name ‘‘sodium nitrite’’ to sodium nitrite. The CAS registry number is 7632–00–0. For purposes of the scope of this order, the narrative description is dispositive, not the tariff heading, CAS registry number or CAS name, which are provided for convenience and customs purposes. [FR Doc. 2022–18054 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–845] Certain Steel Nails From Thailand: Final Negative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of certain steel nails (steel nails) from Thailand. DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Laura Griffith or Jonathan Hall-Eastman, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6430 or (202) 482–1468, respectively. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Thailand. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce received no comments from interested parties on the Preliminary Scope Memorandum. Thus, Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific. 4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 5 VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51344 Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices and Jinhai’s Letter, ‘‘Certain Steel Nails from Thailand: Submission of Jinhai’s Response to Questionnaire in Lieu of Verification,’’ dated June 22, 2022. Changes Since the Preliminary Determination Based on our review and analysis of the information received in lieu of on- site verification and comments received from parties, we made a change to the subsidy rate calculations for Come Best Thailand Co. Ltd. (Come Best). We made no changes to the subsidy rate calculations for Jinhai Hardware Co., Ltd. (Jinhai). For a discussion of the issues, see the Issues and Decision Memorandum. Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Come Best Thailand Co., Ltd .... 0.05 (de minimis) Jinhai Hardware Co. Ltd ........... 0.10 (de minimis) In the Preliminary Determination, consistent with section 703(d) of the Act, Commerce did not calculate an estimated weighted-average subsidy rate for all other producers/exporters because it did not make an affirmative preliminary determination. In the Preliminary Determination, the total net countervailable subsidy rates for both companies were de minimis and, therefore, we did not suspend liquidation. Because the rates for the two companies remain de minimis, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of steel nails from Thailand. Disclosure Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the publication of this notice in accordance with 19 CFR 351.224(b). ITC Notification In accordance with section 705(d) of the Act, we will notify the U.S. International Trade Commission of our determination. As our final determination is negative, this proceeding is terminated. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 771(i) of the Act, and 19 CFR 351.210(c). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 or other HTSUS VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51345Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether to Apply Total Adverse Facts Available (AFA) to Come Best Comment 2: Whether the Provision of Electricity for Less Than Adequate Remuneration (LTAR) Is Countervailable VII. Recommendation [FR Doc. 2022–18052 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC234] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction of the New England Wind Offshore Wind Farm, Offshore Massachusetts AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice; receipt of application for regulations and Letter of Authorization; request for comments and information. SUMMARY : NMFS has received a petition from Park City Wind LLC (Park City Wind), a wholly owned subsidiary of Avangrid Renewables, LLC, requesting authorization to take small numbers of marine mammals incidental to construction activities associated with the New England Wind Offshore Wind Farm in a designated lease area on the Outer Continental Shelf (OSC–A 0534) offshore Massachusetts over the course of 5 years beginning in 2025. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of Park City Wind’s request for the development and implementation of regulations governing the incidental taking of marine mammals and issuance of a Letter of Authorization (LOA). NMFS invites the public to provide information, suggestions, and comments on Park City Wind’s application and request. DATES : Comments and information must be received no later than September 21, 2022. ADDRESSES : Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be sent to ITP.Daly@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25- megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizations-other- energy-activities-renewable without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT : Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427–8401. An electronic copy of Park City Wind’s application may be obtained online at: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizations-other- energy-activities-renewable. In case of problems accessing these documents, please email the contact listed above. SUPPLEMENTARY INFORMATION : Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. For requests under section 101(A)(5)(A) of the MMPA, NMFS is also required to begin the public review process by publishing a notice of receipt of a request for the implementation of regulations governing the incidental taking (50 CFR 216.104(b)(1)(ii)). An incidental take authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Summary of Request On December 1, 2021, NMFS received an application from Park City Wind requesting authorization to take, by Level A harassment and Level B harassment, 39 species of marine mammals incidental to construction and operation activities associated with the development of the New England Wind Offshore Wind Farm offshore of Massachusetts in Commercial Lease (OCS–A–0534). In response to our comments, and following extensive information exchange with NMFS, Park City Wind submitted a final, revised application on July 13, 2022, that we determined was adequate and complete on July 20, 2022. Park City Wind requested the regulations and subsequent LOA be valid for 5 years beginning in 2025. Park City Wind is proposing to develop the New England Wind project in two Phases with a maximum of 130 wind turbine generators (WTGs) and electrical service platform (ESP) positions. Two positions may potentially have co-located ESPs (i.e., two foundations installed at one grid position), resulting in 132 foundations. VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - Thailand === 78929Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Steel Nails from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 47708 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Antidumping Duty Determination in the Less-Than- Fair-Value Investigation of Certain Steel Nails from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). amount by which the normal value exceeds the U.S. price in this final determination, as follows: (1) the cash deposit rate for each of the respondents listed in the table above is the company- specific cash deposit rate listed for the respondent in the table; (2) if the exporter is not a respondent listed in the table above, but the producer is, then the cash deposit rate is the company- specific cash deposit rate listed for the producer of the subject merchandise in the table above; and (3) the cash deposit rate for all other producers and exporters is the all-others cash deposit rate listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury or threat of material injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: December 19, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The product covered by this investigation is certain lemon juice. Lemon juice is covered: (1) with or without addition of preservatives, sugar, or other sweeteners; (2) regardless of the GPL (grams per liter of citric acid) level of concentration, brix level, brix/ acid ratio, pulp content, clarity; (3) regardless of the grade, horticulture method (e.g., organic or not), processed form (e.g., frozen or not-from-concentrate), the size of the container in which packed, or the method of packing; and (4) regardless of the U.S. Department of Agriculture Food and Drug Administration (FDA) standard of identity (as defined under 19 CFR 146.114 et seq.) (i.e., whether or not the lemon juice meets an FDA standard of identity). Excluded from the scope are: (1) lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers; and (2) beverage products, such as lemonade, that contain 20 percent or less lemon juice as an ingredient by actual volume. ‘‘Retail-sized containers’’ are defined as lemon juice products sold in ready-for-sale packaging (e.g., clearly visible branding, nutritional facts listed, etc.) containing up to 128 ounces of lemon juice by actual volume. The scope also includes certain lemon juice that is blended with certain lemon juice from sources not subject to this investigation. Only the subject lemon juice component of such blended merchandise is covered by the scope of this investigation. Blended lemon juice is defined as certain lemon juice with two distinct component parts of differing country(s) of origin mixed together to form certain lemon juice where the component parts are no longer individually distinguishable. The product subject to this investigation is currently classifiable under subheadings 2009.31.4000, 2009.31.6020, 2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether to Apply Total Adverse Facts Available (AFA) to Cape Fruit Processors Comment 2: Whether to Continue to Apply Total AFA to Granor Passi VI. Recommendation [FR Doc. 2022–28012 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–844] Certain Steel Nails From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain steel nails (steel nails) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : Laurel LaCivita or Matthew Palmer, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4246 or (202) 482–1678, respectively. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of steel nails from Thailand, in which it also postponed the final determination until December 19, 2022. 1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78930 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 4 Id at 4. 5 See Memoranda, ‘‘Antidumping Duty Investigation of Certain Steel Nails from Thailand: Sales Verification of Come Best Co., Ltd.,’’ dated October 18, 2022; and ‘‘Verification of the Cost Response of Come Best Thailand Co., Ltd. in the Antidumping Duty Investigation of Certain Steel Nails from Thailand,’’ dated October 27, 2022. 6 See Memoranda, ‘‘Antidumping Duty Investigation of Certain Steel Nails from Thailand: Sales Verification of Jinhai Hardware Co., Ltd.,’’ dated October 19, 2022; and ‘‘Verification of the Cost Response of Jinhai Hardware Co., Ltd. in the Antidumping Duty Investigation of Certain Steel Nails from Thailand,’’ dated November 1, 2022. 7 With two respondents under examination, Commerce normally calculates: (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was available, Commerce based the all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see Memorandum, ‘‘Certain Steel Nails from Thailand: Calculation of All-Others’ Rate in the Final Determination,’’ dated concurrently with this notice. Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope Comments On July 5, 2022, we issued the Preliminary Scope Decision Memorandum. 3 The scope case briefs were due on July 19, 2022.4 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. Scope of the Investigation The product covered by this investigation is steel nails from Thailand. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, Commerce conducted a virtual verification of Come Best (Thailand) Co., Ltd. (Come Best)’s U.S. and third country sales responses, and an on-site verification of Come Best’s cost response. 5 In addition, we conducted on-site verifications of Jinhai Hardware Co., Ltd. (Jinhai Hardware)’s U.S. sales and cost of production responses. 6 Analysis of Comments Received All issues raised in Come Best’s case brief (the sole case or rebuttal brief submitted in this investigation) are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes From the Preliminary Determination We made certain changes to the margin calculations for Come Best and Jinhai Hardware since the Preliminary Determination. See the Issues and Decision Memorandum for a discussion of these changes. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Come Best and Jinhai Hardware that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the individually examined respondents using each respondent’s publicly-ranged values for the merchandise under consideration to the United States during the POI.7 Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the POI: Exporter/producer Weighted- average dumping margin (percent) Come Best (Thailand) Co., Ltd .. 12.61 Jinhai Hardware Co., Ltd ............ 13.90 All Others .................................... 13.07 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of steel nails from Thailand, as described in Appendix I of this notice, which were entered or withdrawn from warehouse for consumption on or after August 4, 2022, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries of merchandise as follows: (1) the cash deposit rate for the respondents listed in the table above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78931Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury by reason of imports of steel nails from Thailand no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: December 19, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Come Best’s Product Characteristics Comment 2: Come Best’s Corrected Surface Finish Codes V. Recommendation [FR Doc. 2022–28017 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–878] Glycine From Japan: Final Results of Antidumping Duty Administrative; 2020–2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that Yuki Gosei Kogyo Co., Ltd. (YGK) and Nagase & Co., Ltd. (Nagase) (collectively, YGK/Nagase) made sales of glycine from Japan at less than normal value during the period of review (POR) June 1, 2020, through May 31, 2021. DATES : Applicable December 23, 2022. VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE ──────────────────────────────────────────────────────────── === Determination – AD – Final - India === 78937Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Steel Nails from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 47719 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Antidumping Duty Determination in the Less-Than- Fair-Value Investigation of Certain Steel Nails from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Decision Memorandum). 4 Id at 4. 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Facts Available with an Adverse Inference IV. Changes from the Preliminary Determination V. Discussion of the Issue Comment: Sertel Vida’s Date of Sale VI. Recommendation [FR Doc. 2022–28018 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–904] Certain Steel Nails From India: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain steel nails (steel nails) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : David Lindgren or Charles Doss, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1671 or (202) 482–4474, respectively. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register its Preliminary Determination in the LTFV investigation of steel nails from India, in which it also postponed the final determination until December 19, 2022. 1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope Comments On July 5, 2022, we issued the Preliminary Scope Decision Memorandum. 3 The scope case briefs were due on July 19, 2022.4 We did not receive any scope case briefs from interested parties. Therefore, Commerce has not made any changes to the scope of this investigation since the Preliminary Determination. Scope of the Investigation The product covered by this investigation are steel nails from India. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78938 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 5 With two respondents under examination, Commerce normally calculates: (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was available, Commerce based the all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see Memorandum, ‘‘Calculation of the Final All-Others Rate,’’ dated concurrently with this notice. section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, Commerce conducted on-site verifications of the U.S. sales and cost of production responses submitted by Astrotech Steels Private Limited (Astrotech) and Geekay Wires Limited (Geekay). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes From the Preliminary Determination We have made certain changes to the margin calculations for Astrotech and Geekay since the Preliminary Determination. See the Issues and Decision Memorandum for a discussion of these changes. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Astrotech and Geekay that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all- others rate using a weighted average of the estimated weighted-average dumping margins calculated for the individually examined respondents using each respondent’s publicly-ranged values for the merchandise under consideration to the United States during the POI.5 Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the POI: Exporter/producer Weighted- average dumping margin (percent) Astrotech Steels Private Limited 2.94 Geekay Wires Limited ................ 3.98 All Others .................................... 3.33 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of steel nails from India, as described in Appendix I of this notice, which were entered or withdrawn from warehouse for consumption on or after August 4, 2022, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rate for the respondents listed in the table above will be equal to the company-specific estimated weighted- average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of steel nails from India no later than 45 days after our final determination. If the ITC determines that such injury does not exist, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: December 19, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the 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 VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE 78939Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 1 See Certain Lemon Juice from Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 47697 (August 4, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Lemon Juice from Brazil,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, 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. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Discussion of the Issues Comment 1: Differential Pricing Analysis Comment 2: Treatment of Section 232 Duties V. Recommendation [FR Doc. 2022–28016 Filed 12–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–858] Certain Lemon Juice From Brazil: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain lemon juice (lemon juice) from Brazil is being, or is likely to be, sold in the United States at less than fair value (LTFV). DATES : Applicable December 23, 2022. FOR FURTHER INFORMATION CONTACT : Lilit Astvatsatrian or Dakota Potts, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6412 or (202) 482–0223, respectively. SUPPLEMENTARY INFORMATION : Background On August 4, 2022, Commerce published in the Federal Register the Preliminary Determination in this investigation. 1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum. 2 Period of Investigation The period of investigation is October 1, 2020, through September 30, 2021. Scope of the Investigation The product covered by this investigation is lemon juice from Brazil. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation. Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached to this notice VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 TKELLEY on DSK125TN23PROD with NOTICE ──────────────────────────────────────────────────────────── === USITC Termination – CVD – Thailand === 55036 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). recreation fee proposals, implementation of the Bipartisan Infrastructure Law, the fire and fuels program, and other issues as appropriate. Agenda topics for the January meeting include updates and/or discussions about BLM Utah priorities; district planning efforts; BLM and USDA Forest Service recreation fee proposals; the recreation program; monument planning efforts; the wild horse and burro program; lands and realty projects; implementation of the John D. Dingell, Jr. Conservation, Management, and Recreation Act; and other issues as appropriate. Agenda topics for the May meeting include updates and/or discussions about BLM Utah priorities, district planning efforts, recreation business plans, BLM and USDA Forest Service recreation fee proposals, the cultural site stewardship program, the fire and fuels program, implementation of the Bipartisan Infrastructure Law, the energy program, and other issues as appropriate. The May 18 field tour will commence at 8 a.m. Participants will meet at the BLM Utah Color Country District Office. Members of the public are welcome on field tours but must provide their own transportation and meals. Individuals who plan to attend the field tour must RSVP at least one week in advance of the field tour with the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Additional details about the field tour will be posted to the Utah Resource Advisory Council web page at least two weeks prior to the tour date. The field tour will follow applicable Centers for Disease Control and Prevention COVID–19 guidance regarding social distancing and wearing of masks. The Utah Resource Advisory Council will offer a 30-minute public comment period at each meeting. There will not be a public comment period during the field tour. Depending on the number of people wishing to comment, the amount of time for individual oral comments may be limited. Written comments may also be submitted to the BLM Utah State Office in advance of the meeting(s) to the attention of Melissa Schnee at the address listed in the ADDRESSES section of this notice. All comments received will be provided to the Utah Resource Advisory Council members. Meeting Accessibility/Special Accommodations: Please make requests in advance for sign language interpreter services, assistive listening devices, or other reasonable accommodations. We ask that you contact the person listed in the (see FOR FURTHER INFORMATION CONTACT) section of this notice at least seven (7) business days prior to the meeting to give the Department of the Interior sufficient time to process your request. All reasonable accommodation requests are managed on a case-by-case basis. Public Disclosure of Comments: Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee we will be able to do so. Detailed minutes for the Utah Resource Advisory Council meeting will be maintained in the BLM Utah State Office and will be available for public inspection and reproduction during regular business hours within 90 days following the meeting. Detailed meeting minutes will also be posted to the Utah Resource Advisory Council web page. (Authority: 43 CFR 1784.4–2) Gregory Sheehan, State Director. [FR Doc. 2022–19378 Filed 9–7–22; 8:45 am] BILLING CODE 4331–25–P INTERNATIONAL TRADE COMMISSION [Investigation No. 701–TA–676 (Final)] Steel Nails From Thailand; Termination of Investigation AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : On August 22, 2022, the Department of Commerce published notice in the Federal Register of a negative final determination of subsidies in connection with the subject investigation concerning Thailand (87 FR 51343). Accordingly, the countervailing duty investigation concerning steel nails from Thailand (Investigation No. 701–TA–676 (Final)) is terminated. DATES : August 22, 2022. FOR FURTHER INFORMATION CONTACT : Nitin Joshi (202–708–1669), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(a) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(a)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: September 2, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–19428 Filed 9–7–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1058 (Third Review)] Wooden Bedroom Furniture From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty order on wooden bedroom furniture from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted this review on January 3, 2022 (87 FR 121) and determined on April 8, 2022 that it would conduct an expedited review (87 FR 47463, August 3, 2022). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on August 31, 2022. The views of the Commission are contained in USITC Publication 5348 (August 2022), entitled Wooden Bedroom VerDate Sep<11>2014 18:19 Sep 07, 2022 Jkt 256001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Termination – AD – Sri Lanka === 1291Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Notices ONRR Response: ONRR appreciates the comment and feedback. ONRR acknowledged and provided responses to all commenters accordingly. Comments that you submit in response to this 30-day notice are a matter of public record. ONRR will include or summarize each comment in its request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask ONRR in your comment to withhold your personal identifying information from public review, ONRR cannot guarantee that it will be able to do so. (a) Abstract—General Information ONRR reviews and audits the reporting and payment of royalties and other amounts due to the United States pursuant to Federal oil and gas leases. See U.S. Department of the Interior Departmental Manual, 112 DM 34.1 (Sept. 9, 2020). ONRR’s responsibilities include valuing oil and gas for royalty purposes, evaluating claimed transportation and processing allowances, and granting royalty prepayment, accounting, and other relief for marginal properties in appropriate circumstances. ONRR collects the information covered by this ICR for these purposes. ONRR shares information with the Bureau of Land Management, Bureau of Indian Affairs, Bureau of Safety and Environmental Enforcement, Bureau of Ocean Energy Management, and State governments for their land and lease management responsibilities. (b) Federal Oil and Gas Royalties and Valuation Title 30 CFR part 1202—Royalties, subparts B and C, and 30 CFR part 1206—Product Valuation, subparts C and D, require a lessee to provide certain information necessary to calculate royalties due to the United States. Information collected under these subparts is used for oil and gas valuation, calculating and allocating transportation and processing allowances, determining location and quality differentials, and allocating residue gas and gas plant products to leases. See §§ 1206.102, 1206.108, 1206.110, 1206.113, 1206.141, 1206.142, 1206.148, 1206.150, 1206.152 to 1206.154, 1206.160, and 1206.161. Some information collected under parts 1202 and 1206 is submitted on form ONRR–2014 (Report of Sales and Royalty Remittance). This ICR does not include burden hours for submitting information on form ONRR–2014 because those burden hours are addressed in ONRR’s ICR 1012–0004 (Royalty and Production Reporting). See Agency Information Collection Activities; Royalty and Production Reporting, 87 FR 3300 (January 21, 2022). (c) Accounting and Auditing Relief for Marginal Properties Title 30 U.S.C 1726 and 30 CFR part 1204 allow ONRR or a State that receives a statutorily prescribed portion of the royalties from a Federal lease to grant certain relief for marginal properties. This relief includes allowing a lessee to make a lump-sum advance payment of royalties instead of monthly royalty payments and various accounting and auditing relief options. See 30 CFR 1204.3. Lessees must submit information to ONRR for this relief. See §§ 1204.202, 1204.203, 1204.205, 1204.206, and 1204.209 to 1204.211. (d) Requests To Exceed Allowance Limits Title 30 CFR part 1206—Product Valuation, subparts C and D, prior to their amendment effective January 1, 2017, permitted a Federal oil and gas lessee to request to exceed certain caps that ONRR’s regulations place on transportation and processing allowances by filing form ONRR–4393 (Request to Exceed Regulatory Allowance Limitation), with supporting documentation. See §§ 1206.109(c)(2) (2016), 1206.153(c)(3) (2016), and 1206.158(c)(3) (2016). Subject to the statute of limitations, a lessee may file this form to request to exceed the caps for oil and gas produced prior to January 1, 2017. This ICR does not include burden hours for submitting information on form ONRR–4393 for Indian leases because those burden hours are addressed in ONRR’s ICR 1012–0002 (Indian Oil and Gas Valuation). (e) Information Collections: This ICR covers the paperwork requirements under 30 CFR parts 1202, 1204, and 1206. Title of Collection: Federal Oil and Gas Valuation—30 CFR parts 1202, 1204 and 1206. OMB Control Number: 1012–0005. Form Number: ONRR–4393. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Businesses. Total Estimated Number of Annual Respondents: 120 Federal lessees/ designees and 7 States for Federal oil and gas. Total Estimated Number of Annual Responses: 139. Estimated Completion Time per Response: The average completion time is 71.32 hours per response. The average completion time is calculated by dividing the total estimated burden hours (9,913) by the estimated annual responses (139). Estimated Number of Annual Burden Hours: 9,913 hours. For this renewal cycle, the burden hours have decreased 105 hours in part 1206 due to the Consolidated Federal and Indian Oil & Gas and Federal & Indian Coal Valuation Reform Final Reform Rule published on July 1, 2016 (81 FR 43337), and effective January 1, 2017. Respondent’s Obligation: The information that a lessee must submit pursuant to 30 CFR parts 1202 and 1206 for calculating royalties and other payment obligations for Federal oil and gas leases is mandatory. The information that a lessee must submit to obtain prepayment, accounting, or auditing relief for qualifying Federal marginal properties or to exceed the transportation and processing regulatory caps for oil and gas produced prior to 2017 is required to obtain or retain a benefit. Frequency of Collection: Annually and on occasion. Estimated Annual Nonhour Burden Cost: ONRR has identified no ‘‘nonhour’’ cost burden associated with the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Authority: Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Howard Cantor, Acting Director, Office of Natural Resources Revenue. [FR Doc. 2023–00113 Filed 1–6–23; 8:45 am] BILLING CODE 4335–30–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1581 (Final)] Steel Nails From Sri Lanka; Termination of Investigation AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : On December 23, 2022, the Department of Commerce published VerDate Sep<11>2014 18:21 Jan 06, 2023 Jkt 259001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1 lotter on DSK11XQN23PROD with NOTICES1 1292 Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 68998 and 69002, November 17, 2022. 3 Commissioner Randolph J. Stayin not participating. notice in the Federal Register of a negative final determination of less than fair value (LTFV) in connection with the subject investigation concerning Sri Lanka (87 FR 78933). Accordingly, antidumping duty Investigation No. 731–TA–1581 (Final) concerning steel nails from Sri Lanka is terminated. DATES : December 23, 2022. FOR FURTHER INFORMATION CONTACT : Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(a) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(a)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: January 3, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00107 Filed 1–6–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1575 and 731– TA–1577 (Final)] Emulsion Styrene-Butadiene Rubber From Czechia and Russia Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is not materially injured or threatened with material injury, and the establishment of an industry in the United States is not materially retarded by reason of imports of emulsion styrene-butadiene rubber (‘‘ESBR’’) from Czechia and Russia, provided for in statistical reporting numbers 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 3 Background The Commission instituted these investigations effective November 15, 2021, following receipt of petitions filed with the Commission and Commerce by Lion Elastomers LLC (Port Neches, Texas). The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of ESBR from Czechia and Russia were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of July 15, 2022 (87 FR 42498). The Commission conducted its hearing on November 8, 2022. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on December 27, 2022. The views of the Commission are contained in USITC Publication 5392 (January 2023), entitled Emulsion Styrene-Butadiene Rubber from Czechia and Russia: Investigation Nos. 731–TA– 1575 and 731–TA–1577 (Final). By order of the Commission. Issued: January 4, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00145 Filed 1–6–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employment and Training Administration Workforce Information Advisory Council; Meetings AGENCY : Employment and Training Administration, Labor. ACTION : Notice of meetings held January 24–26, 2023. SUMMARY : Notice is hereby given that the Workforce Information Advisory Council (WIAC or Advisory Council) will meet in-person January 24–26, 2023. Information for public attendance at the virtual meetings will be posted at www.dol.gov/agencies/eta/wioa/wiac/ meetings several days prior to each meeting date. The meetings will be open to the public. DATES : The meetings will take place January 24–26, 2023. The agenda and meeting times, which are subject to change, are listed below in the Agenda section. Public statements and requests for special accommodations or to address the Advisory Council must be received by January 17, 2023. ADDRESSES : The meeting will be held at the US Department of Labor Frances Perkins Building, 200 Constitution Ave. NW, Washington, DC, 20210 in meeting Rooms N–4437. Please enter the building using the visitors entrance at 3rd & C Str. NW. Please email public statements and requests to address the WIAC email address, WIAC@dol.gov, with a subject line of ‘‘WIAC January 2023 meeting’’. FOR FURTHER INFORMATION CONTACT : Steven Rietzke, Chief, Division of National Programs, Tools, and Technical Assistance, Employment and Training Administration, U.S. Department of Labor, Room C–4510, 200 Constitution Ave. NW, Washington, DC 20210; Telephone: 202–693–3912; Email: WIAC@dol.gov. Mr. Rietzke is the WIAC Designated Federal Officer. SUPPLEMENTARY INFORMATION : Background: These meetings are being held pursuant to Sec. 308 of the Workforce Innovation and Opportunity Act of 2014 (WIOA) (Pub. L. 113–128), which amends Sec. 15 of the Wagner- Peyser Act of 1933 (29 U.S.C. 491–2). The WIAC is an important component of WIOA. The WIAC is a federal advisory committee of workforce and labor market information experts representing a broad range of national, State, and local data and information users and producers. The WIAC was established in accordance with provisions of the Federal Advisory Committee Act (FACA), as amended (5 VerDate Sep<11>2014 18:21 Jan 06, 2023 Jkt 259001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination - Final (1) === 61631Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 51333, August 22, 2022; 78 FR 51335, August 22, 2022; and 87 FR 51339, August 22, 2022. 3 Commerce published notice in the Federal Register of a negative final determination of subsidies in connection with the investigation concerning steel nails from Thailand (87 FR 51343, August 22, 2022). Accordingly, effective August 22, 2022, the Commission terminated its countervailing duty investigation concerning steel nails from Thailand (87 FR 55036, September 8, 2022). INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–673–675 and 677 (Final)] Steel Nails From India, Oman, Sri Lanka and Turkey Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the governments of India, Oman, and Turkey. 2 The Commission further finds that imports of steel nails from Sri Lanka that Commerce has determined are subsidized by the government of Sri Lanka are negligible and terminates that investigation. Background The Commission instituted these investigations effective December 30, 2021, following receipt of petitions filed with the Commission and Commerce by Mid Continent Steel & Wire, Inc., Poplar Bluff, Missouri. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of steel nails from India, Oman, Sri Lanka, Thailand,3 and Turkey were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of June 21, 2022 (87 FR 36882). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on August 17, 2022. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to § 705(b) of the Act (19 U.S.C. 1671d(b)). It completed and filed its determinations in these investigations on October 6, 2022. The views of the Commission are contained in USITC Publication 5370 (October 2022), entitled Steel Nails from India, Oman, Sri Lanka, and Turkey: Investigation Nos. 701–TA–673–675 and 677 (Final). By order of the Commission. Issued: October 6, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–22148 Filed 10–11–22; 8:45 am] BILLING CODE 7020–02–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–23–0001; NARA–2023–002] Records Schedules; Availability and Request for Comments AGENCY : National Archives and Records Administration (NARA). ACTION : Notice of availability of proposed records schedules; request for comments. SUMMARY : The National Archives and Records Administration (NARA) publishes notice of certain Federal agency requests for records disposition authority (records schedules). We publish notice in the Federal Register and on regulations.gov for records schedules in which agencies propose to dispose of records they no longer need to conduct agency business. We invite public comments on such records schedules. DATES : We must receive responses on the schedules listed in this notice by November 28, 2022. ADDRESSES : To view a records schedule in this notice, or submit a comment on one, use the following address: https:// www.regulations.gov/docket/NARA-23- 0001/document. This is a direct link to the schedules posted in the docket for this notice on regulations.gov. You may submit comments by the following method: • Federal eRulemaking Portal: https://www.regulations.gov. On the website, enter either of the numbers cited at the top of this notice into the search field. This will bring you to the docket for this notice, in which we have posted the records schedules open for comment. Each schedule has a ‘comment’ button so you can comment on that specific schedule. For more information on regulations.gov and on submitting comments, see their FAQs at https://www.regulations.gov/faq. If you are unable to comment via regulations.gov, you may email us at request.schedule@nara.gov for instructions on submitting your comment. You must cite the control number of the schedule you wish to comment on. You can find the control number for each schedule in parentheses at the end of each schedule’s entry in the list at the end of this notice. FOR FURTHER INFORMATION CONTACT : Kimberly Richardson, Strategy and Performance Division, by email at regulation_comments@nara.gov or by phone at 301–837–2902. For information about records schedules, contact Records Management Operations by email at request.schedule@nara.gov. SUPPLEMENTARY INFORMATION : Public Comment Procedures We are publishing notice of records schedules in which agencies propose to dispose of records they no longer need to conduct agency business. We invite public comments on these records schedules, as required by 44 U.S.C. 3303a(a), and list the schedules at the end of this notice by agency and subdivision requesting disposition authority. In addition, this notice lists the organizational unit(s) accumulating the records or states that the schedule has agency-wide applicability. It also provides the control number assigned to each schedule, which you will need if you submit comments on that schedule. We have uploaded the records schedules and accompanying appraisal memoranda to the regulations.gov docket for this notice as ‘‘other’’ documents. Each records schedule contains a full description of the records at the file unit level as well as their proposed disposition. The appraisal memorandum for the schedule includes information about the records. We will post comments, including any personal information and attachments, to the public docket unchanged. Because comments are public, you are responsible for ensuring that you do not include any confidential or other information that you or a third party may not wish to be publicly posted. If you want to submit a VerDate Sep<11>2014 18:37 Oct 11, 2022 Jkt 259001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 2373Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Notices extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: January 6, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00587 Filed 1–12–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1580, 1582 and 1583 (Final)] Steel Nails From India, Thailand, and Turkey; Supplemental Schedule for the Final Phase of Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. DATES : December 23, 2022. FOR FURTHER INFORMATION CONTACT : Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective June 7, 2022, the Commission established a general schedule for the conduct of the final phase of its antidumping and countervailing duty investigations on steel nails from India, Oman, Sri Lanka, Thailand, and Turkey (87 FR 36882, June 21, 2022), following preliminary determinations by the U.S. Department of Commerce (‘‘Commerce’’) that that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in India, Oman, Sri Lanka, and Turkey of steel nails. Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on June 21, 2022 (87 FR 36882). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through video conference on August 17, 2022. All persons who requested the opportunity were permitted to participate. Commerce issued final affirmative countervailing duty determinations with respect to steel nails from India, Oman, Sri Lanka, and Turkey (87 FR 51333, 87 FR 51335, 87 FR 51337, and 87 FR 51339, August 22, 2022) and a final negative countervailing duty determination with respect to steel nails from Thailand (87 FR 51343, August 22, 2022). The Commission issued a notice of termination for the countervailing investigation of steel nails from Thailand (87 FR 55036, September 8, 2022). The Commission subsequently issued its final determinations that an industry in the United States was not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the governments of India, Oman, and Turkey. The Commission further found that imports of steel nails from Sri Lanka that Commerce has determined are subsidized by the government of Sri Lanka are negligible and terminated that investigation (87 FR 61631, October 12, 2022). Commerce issued final affirmative antidumping duty determinations with respect to imports of steel nails from India, Thailand, and Turkey (87 FR 78937, 87 FR 78929, and 87 FR 78935, December 23, 2022). Commerce issued a final negative antidumping duty determination with respect to imports of steel nails from Sri Lanka (87 FR 78933, December 23, 2022). The Commission has issued a notice of termination for the antidumping duty investigation of steel nails from Sri Lanka (publication pending). Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigations on imports of steel nails from India, Thailand, and Turkey. This supplemental schedule is as follows: the deadline for filing supplemental party comments on Commerce’s final antidumping duty determinations is January 10, 2023. Supplemental party comments may address only Commerce’s final antidumping duty determinations regarding imports of steel nails from India, Thailand, and Turkey. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of the current investigations will be placed in the nonpublic record on January 18, 2023, and a public version will be issued thereafter. For further information concerning this proceeding see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: January 5, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00588 Filed 1–12–23; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 19:26 Jan 12, 2023 Jkt 259001 PO 00000 Frm 00062 Fmt 4703 Sfmt 9990 E:\FR\FM\13JAN1.SGM 13JAN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - Oman === 51335Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from the Sultanate of Oman: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34639 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman,’’ dated concurrently with this determination (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Oman and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Oman: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Commerce’s Letters, ‘‘Revised In Lieu of Verification Questionnaire for Oman Fasteners LLC in the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman,’’ dated June 17, 2022; and ‘‘Revised In Lieu of Verification Questionnaire for the Government of the Sultanate of Oman in the Countervailing Duty Investigation of Certain Steel Nails from the Sultanate of Oman’’ dated June 17, 2022. 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to these investigations also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Subsidies Valuation Information IV. Analysis of Programs V. Analysis of Comments Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to Reported Benefits Based on the Government of India’s (GOI) Incomplete Questionnaire Responses Comment 2: Whether Commerce Properly Initiated the Investigation and Met its Obligations Subject to the Agreement on Subsidies and Countervailing Measures (ASCM) Comment 3: Whether the GOI’s System for Measuring Input Consumption for Duty Drawback (DDB) is Reasonable and Effective Comment 4: Whether the Export Promotion of Capital Goods Scheme (EPCGS) Confers a Countervailable Subsidy Comment 5: Whether the Merchandise Export from India Scheme (MEIS) Can Be Considered a ‘‘Measure at Issue’’ When It Was Discontinued Prior to the Initiation of This Investigation Comment 6: Whether the Special Economic Zone (SEZ) Programs are Countervailable VI. Recommendation [FR Doc. 2022–18045 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–523–817] Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from the Sultanate of Oman (Oman). DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Oman. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient and that the subsidy is specific. 4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 5 VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51336 Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices Changes Since the Preliminary Determination After evaluating the comments received from interested parties and analyzing the information received in lieu of on-site verification, we made no changes to the net countervailable subsidy rate calculated for Oman Fasteners LLC (Oman Fasteners) since the Preliminary Determination. For a discussion of these comments, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated an individual estimated countervailable subsidy rate for Oman Fasteners. Section 705(c)(5)(A)(i) of the Act states that, for all exporters and producers not individually investigated, we will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Commerce calculated an individual estimated countervailable subsidy rate for Oman Fasteners, the only individually examined producer/ exporter in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the rate calculated for Oman Fasteners is the rate assigned to all other producers and exporters not individually examined in this investigation, pursuant to section 705(c)(5)(A)(i) of the Act. Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Oman Fasteners LLC ........... 2.49 All Others .............................. 2.49 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because there are no changes to the calculations from the Preliminary Determination, no additional disclosure is necessary. Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after June 7, 2022, the date of publication of the Preliminary Determination in the Federal Register. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of steel nails from Oman. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports from Oman. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 771(i) of the Act, and 19 CFR 351.210(c). Dated: August 15, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the 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, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; 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 VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES 51337Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices 1 See Certain Steel Nails from Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, 87 FR 34645 (June 7, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Steel Nails from Sri Lanka,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping Duty Investigations of Certain Steel Nails from India, Sri Lanka, Thailand, and Turkey and Countervailing Duty Investigations of Certain Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey: Preliminary Scope Decision Memorandum,’’ dated July 5, 2022 (Preliminary Scope Memorandum). length of one inch or less that are a component of an unassembled article, where the total number of nails is sixty (60) or less, and 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 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gas- actuated hand tools. These nails have 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. 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 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560 and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000 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. Appendix II List of Topics Discussed in the Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether Commerce Selected an Appropriate Benchmark for the Land for Less Than Adequate Remuneration (LTAR) Program Comment 2: Whether the Provision of Land for LTAR Program and Tariff Exemption Program are De Jure Specific Comment 3: Whether the Tariff Exemptions Program can be Tied to Specific Products Comment 4: Whether the Government of Oman (GSO) Acted to the Best of Its Ability to Respond to Commerce’s Information Requests Regarding Whether the Cost Reflective Tariff (CRT) Electricity Rate is Based on Market Principles Comment 5: Whether the CRT Electricity Rate is a Subsidy Program VII. Recommendation [FR Doc. 2022–18051 Filed 8–19–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–542–805] Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from Sri Lanka. DATES : Applicable August 22, 2022. FOR FURTHER INFORMATION CONTACT : Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION : Background On June 7, 2022, Commerce published the Preliminary Determination in the Federal Register. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Scope of the Investigation The products covered by this investigation are steel nails from Sri Lanka. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On July 5, 2022, Commerce issued the Preliminary Scope Memorandum.3 Commerce made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, VerDate Sep<11>2014 18:17 Aug 19, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 jspears on DSK121TN23PROD with NOTICES
Investigation 701-TA-673 is a U.S. International Trade Commission antidumping (AD) proceeding on Steel Nails from India, Oman, Sri Lanka, Thailand, and Turkey; Inv. Nos. 701-TA-673-677 and 731-TA-1580-1583 (Final) from Sri Lanka, Turkey, Oman, India, Thailand. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.
701-TA-673 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.
Not yet. 701-TA-673 has not produced an AD/CVD order in Tandom's catalog. If both Commerce and the ITC issue affirmative final determinations, an order would issue and link to this investigation. Until then, no cash deposits apply.
Tandom guides relevant to AD/CVD investigations
Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.
Open resource
Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).
Open resource
The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.
A practical workflow for checking antidumping and countervailing duty exposure on a US entry. For brokers and ops teams who need the answer before filing.
Open resource