The merchandise covered by this order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot dipping one or more times), phosphate cement, and paint. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted shank styles. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Finished nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this order are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 7317.00.55, 7317.00.65, 7317.00.75, 7907.00.6000, 7318.29.0000, and 8206.00.0000. The Department recently added the Harmonized Tariff Schedule category 7907.00.6000, “Other articles of zinc: Other,” to the language of the Order. See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, regarding “Certain Steel Nails from the People’s Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,” dated September 19, 2013. Based on a request from CBP, the Department recently added the Harmonized Tariff Schedule categories 7318.29.0000, 7806.00.8000 and 8206.00.0000.
Excluded from the scope of this order are steel roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also excluded from the scope are the following steel nails: 1) Non-collated (i.e., hand-driven or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500” to 8”, inclusive; and an actual shank diameter of 0.1015” to 0.166”, inclusive; and an actual washer or cap diameter of 0.900” to 1.10”, inclusive; 2) Non-collated (i.e., hand-driven or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500” to 4”, inclusive; an actual shank diameter of 0.1015” to 0.166”, inclusive; and an actual head diameter of 0.3375” to 0.500”, inclusive; 3) Wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500” to 1.75”, inclusive; an actual shank diameter of 0.116” to 0.166”, inclusive; and an actual head diameter of 0.3375” to 0.500”, inclusive; and 4) Non-collated (i.e., hand-driven or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75” to 3”, inclusive; an actual shank diameter of 0.131” to 0.152”, inclusive; and an actual head diameter of 0.450” to 0.813”, inclusive.
Also excluded from the scope of this order are corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this order are fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS 7317.00.20 and 7317.00.30. Also excluded from the scope of this order are thumb tacks, which are currently classified under HTSUS 7317.00.10.00.
Also excluded from the scope of this order 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 order 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. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.
Scope Rulings Completed Between July 1, 2008, and September 30, 2008:
Requestor: Trackers, Inc.; its color coded steel nails are within the scope of the antidumping duty order; September 15, 2008.
Scope Rulings Completed Between April 1, 2009, and June 30, 2009
Requestor: Shanghai March Import & Export Co., Ltd.; the horseshoe nails exported by Shanghai March Import & Export Co., Ltd. are outside the scope of the antidumping duty order; June 5, 2009.
Scope Rulings Completed Between January 1, 2010, and March 31, 2010
Requestor: Itochu Building Products (``IBP''); IBP's plastic cap roofing nails are within the scope of the antidumping duty order; January 10, 2010.
Scope Rulings Completed Between April 1, 2010, and June 30, 2010:
Requestor: Itochu Building Products; its plastic cap steel nails are within the scope of the antidumping duty order; May 12, 2010.
Scope Rulings Completed Between July 1, 2010, and September 30, 2010:
Requestor: Itochu Building Products, Inc.; Grip Rite fasteners are within the scope of the antidumping duty order; July 21, 2010.
Requestor: Target Corporation; six household toolkits, including brass coated steel nails, taken as a whole, are not within the scope of the antidumping duty order; August 10, 2010.
Scope Rulings Completed Between October 1, 2010, and December 31, 2010
Requestor: Mazel & Co., Inc.; its roofing nails falling within certain ASTM standard gaps are within the scope of the antidumping duty order; December 22, 2010.
Scope Rulings Made Between July 1, 2013, and September 30, 2013
Requestor: Cobra Anchors Co. Ltd.; zinc anchors are within the scope of the antidumping duty order under k(1) because the record reflects that the International Trade Commission included zinc anchors as an example of the product covered by the original investigation; September 19, 2013.
Scope Rulings Made Between July 1, 2015 and September 31, 2015
Requestor: Lumber Liquidators Services, LLC; Lumber Liquidators' L-Cleat Brads were within the scope of the order based on 19 CFR 351.225(k)(2); July 23, 2015. |