AD: China Certain Steel Nails

Suspension of liquidation; critical circumstances for China-wide entity. The ITA will instruct U.S. Customs and Border Protection to continue to suspend liquidation of all entries of subject merchandise from the separate rate respondents with a time of entry on or after January 23, 2008.

The ITA continues to find that critical circumstances exist for the China-wide entity and therefore it will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from the China-wide entity with a time of entry on or after October 25, 2007, which is 90 days prior to the date of publication of the preliminary determination.

Final negative critical circumstances for Xingya Group. In its preliminary determination, the ITA instructed CBP to suspend liquidation of all entries of the subject merchandise from mandatory respondent Xingya Group with a time of entry on or after October 25, 2007. The ITA does not find critical circumstances for Xingya Group in this final determination, and will instruct CBP to terminate suspension of liquidation, and release any cash deposits or bonds, on imports during the 90 day period prior to the date of publication of the preliminary determination (10/25/07 -- 01/22/08). Suspension of liquidation for Xingya Group will continue for all entries with a time of entry on or after January 23, 2008.

Termination of suspension of liquidation for Paslode Shanghai. The ITA found that the weighted-average dumping margin for subject merchandise produced and exported by mandatory respondent Paslode Fasteners (Shanghai) Co., Ltd. is de minimis. Accordingly, the ITA will direct CBP to terminate the suspension of liquidation for shipments of steel nails produced and exported by Paslode Shanghai with a time of entry on or after January 23, 2008.

AD cash deposit/bond requirements (except Paslode Shanghai). CBP will require an AD cash deposit or the posting of a bond at the AD rates specified below (except Paslode Shanghai) for entries of steel nails from China with a time of entry on or after June 16, 2008:

(a) The ITA has determined a final AD duty rate of zero for Paslode Shanghai; therefore, no cash deposit is required.

Additional Exclusions to the Scope of the Investigation

For purposes of the final determination, the ITA has determined to add to following exclusion language to the scope of the investigation (pursuant to scope exclusion requests referred to in the preliminary determination):

Also excluded from the scope of this proceeding are certain brads and finish nails that are equal to or less than 0.0720 inches in shank diameter, round or rectangular in cross section, between 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive. Also excluded from the scope of this proceeding are fasteners having a case hardness greater than or equal to 50 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, suitable for use in gas-actuated hand tools.

AD Duty Order to be Issued if ITC finds Injury/Threat of Injury

Within 45 days, the ITC will determine whether the domestic industry in the U.S. is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the ITA will issue an AD duty order directing CBP to assess AD duties on all imports of the subject merchandise with a time of entry on or after the effective date of the suspension of liquidation.

(See ITT's Online Archives or 01/24/08 news, (Ref: 08012425), for BP summary of the preliminary determination.)

ITA contact -- Matthew Renkey (202) 482-2312

ITA notice (FR Pub 06/16/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-13474.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-steel%20Nails%20Final%20AD-060908.pdf