Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Collated Roofing Nails From Taiwan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-826]

Notice of Antidumping Duty Order and Amended Final Determination

of Sales at Less Than Fair Value: Collated Roofing Nails From Taiwan

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 regulations are to

19 CFR part 353, as codified on April 1, 1997.

Amended Final Determination

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

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

collated roofing nails (``CRN'') from Taiwan are being, or are likely

to be, sold in the United States at less than fair value (62 FR 51427-

51437 (October 1, 1997)). Subsequent to the final determination, on

October 10 and 14, 1997, we received submissions, timely filed pursuant

to 19 CFR 353.28(b), from Unicatch Industrial Co. Ltd. (``Unicatch''),

Lei Chu Enterprises Co., Ltd (``Lei Chu''), and S&J Wire Products

Company, Ltd. (``S&J''), alleging ministerial errors in the

Department's final determination for these respondents. We also

received submissions from Paslode Division Of Illinois Tool Works Inc.

(``the petitioner'') alleging ministerial errors in the Department's

final determination for S&J and Lei Chu.

We determine that ministerial errors were made in our final margin

calculations for Lei Chu with respect to calculation of SG&A and

profit, for Unicatch with respect to calculation of constructed export

price, and for S&J with respect to exclusion of certain sales,

calculation of normal value and exclusion of non-subject merchandise.

For a detailed discussion of the above-cited ministerial errors and the

Department's analysis, see Memorandum from Case Analysts to Louis

Apple, dated October 22, 1997. In accordance with 19 CFR 353.28(c), we

are amending the final determination of the antidumping duty

investigation of CRN from Taiwan to correct these ministerial errors.

The revised final weighted-average dumping margins are as follows:

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

Revised

Manufacturer/producer/exporter Original margin percentage margin

percentage

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

Unicatch Industrial Co. Ltd.... 0.00....................... 0.00

Lei Chu Enterprises Co., Ltd, 0.07 (De Minimis).......... 0.00

S&J Wire Products Company,

Ltd./.

New Lan Lung................... 5.36....................... 2.98

Romp Coil Nail Industries...... 40.28...................... 40.28

K. Ticho....................... 40.28...................... 40.28

All Others..................... 5.36....................... 2.98

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

Scope of Order

The product covered by this investigation is 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 Act, the Department made

its final determination that CRN from Taiwan are being sold at less

than fair value. 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 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 collated roofing nails from Taiwan

entered, or

[[Page 61731]]

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 collated roofing nails imported from Taiwan 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 Taiwan except for

imports manufactured and exported by Unicatch or Lei Chu. All bonds may

be released and entries of Unicatch and Lei Chu may be liquidated

without regard to antidumping duties. For all other manufacturers/

exporters antidumping duties will be assessed on all unliquidated

entries of CRN from Taiwan 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 margins are as follows:

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

Revised

weighted-

Manufacturer/producer/exporter average

margin

percentage

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

S&J Wire Products Company, Ltd./New Lan Lung................ 2.98

Romp Coil Nail Industries................................... 40.28

K. Ticho.................................................... 40.28

All Others.................................................. 2.98

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

This notice constitutes the antidumping duty order with respect to

CRN from Taiwan, pursuant to section 736 (a) of the Act. 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 pursuant to section 736 (a) of the Act (19

USC 1673e (a)) and 19 CFR 353.21.

Dated: November 17, 1997.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-30400 Filed 11-18-97; 8:45 am]

BILLING CODE 3510-DS-P