Notice of Antidumping Duty Order: Collated Roofing Nails From the People's Republic of China

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-850]

Notice of Antidumping Duty Order: Collated Roofing Nails From the

People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: November 19, 1997.

FOR FURTHER INFORMATION CONTACT: Everett D. Kelly or Brian Smith,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone: (202) 482-4194 or (202) 482-1766,

respectively.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (``the Act'') by

the Uruguay Round Agreements Act (``URAA''). In addition, unless

otherwise indicated, all citations to the Department of Commerce's

(``the Department'') regulations are to 19 CFR 353, as codified on

April 1, 1997.

Scope of Order

The product covered by this investigation is collated roofing nails

(``CRN'') made of steel, having a length of \13/16\ inch to 1\13/16\

inches (or 20.64 to 46.04 millimeters), a head diameter of 0.330 inch

to 0.415 inch (or 8.38 to 10.54 millimeters), and a shank diameter of

0.100 inch to 0.125 inch (or 2.54 to 3.18 millimeters), whether or not

galvanized, that are collated with two wires.

CRN within the scope of this investigation are classifiable under

the Harmonized Tariff Schedule of the United States (``HTSUS'')

subheadings 7317.00.55.06. Although the HTSUS subheadings are provided

for convenience and customs purposes, our written description of the

scope of this investigation is dispositive.

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, on

September 24, 1997, the Department made its final determination that

CRN from the PRC are being sold at less than fair value (62 FR 51410-

419, October 1, 1997). On November 12, 1997, the International Trade

Commission (``ITC'') notified the Department of its final

determination, pursuant to section 735(b)(1)(A)(ii) of the Act, that an

industry in the United States is threatened with material injury by

reason of imports of the subject merchandise from the PRC and Taiwan.

The ITC did not determine, pursuant to section 735(b)(4)(B) of the Act,

that, but for the suspension of liquidation of entries of the subject

merchandise, the domestic industry would have been materially injured.

When the ITC finds threat of material injury, and makes a negative

``but for'' finding under section 735 (b)(4)(B) of the Act, the

``Special Rule'' provision of section 736(b)(2) applies. Therefore,

only unliquidated entries of CRN from the PRC, entered or withdrawn

from warehouse, for consumption on or after the date on which the ITC

published its notice of final determination of threat of material

injury in the Federal Register are liable for the assessment of

antidumping duties. Accordingly, the Department will direct the Customs

Service to terminate the suspension of liquidation for entries of CRN

from the PRC entered, or withdrawn from warehouse, for consumption

before the date on which the ITC published its notice of final

determination of threat of material injury in the Federal Register, and

to release any bond or other security, and refund any cash deposit,

posted to secure the payment of estimated antidumping duties with

respect to these entries.

In accordance with section 736 of the Act, the Department will

direct United States Customs officers to assess, upon further advice by

the administering authority pursuant to section 736(a)(1) of the Act,

antidumping duties equal to the amount by which the normal value of the

merchandise exceeds the export price or constructed export price of

merchandise for all relevant entries of CRN from the PRC except for

imports manufactured and exported by Shenzhen Top United Steel Co.,

Ltd. (``Top United'') or Qingdao Zongxun Nail Products Co., Ltd.

(``Zongxun''). All bonds may be released and entries of Top United and

Zongxun may be liquidated without regard to antidumping duties. For all

other manufacturers/exporters, antidumping duties will be assessed on

all

[[Page 61730]]

unliquidated entries of CRN from the PRC entered, or withdrawn from

warehouse, for consumption on or after the date on which the ITC

published its final affirmative determination notice in the Federal

Register. On or after the date of publication of this notice in the

Federal Register, U.S. Customs officers must require, at the same time

as importers would normally deposit estimated duties, the following

cash deposits for the subject merchandise:

The ad valorem weighted-average dumping margin is as follows:

------------------------------------------------------------------------

Weighted-

average

Manufacturer/producer/exporter margin

percentage

------------------------------------------------------------------------

PRC-wide Rate.............................................. 118.41

------------------------------------------------------------------------

Allegations of ministerial errors were made with respect to the

Department's final determination for CRN from the PRC. Upon review, the

Department determined that these allegations were without merit.

Therefore, no amendments to the final determination were necessary.

This notice constitutes the antidumping duty order with respect to

CRN from the PRC. The Department is excluding from the application of

the order products from the PRC that are manufactured and sold to the

United States by Top United or Zongxun.

Interested parties may contact the Central Records Unit, Room B-099

of the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

This order is published in accordance with section 736(a) of the

Act.

Dated: November 14, 1997.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-30399 Filed 11-18-97; 8:45 am]

BILLING CODE 3510-DS-P