1. ON APRIL 27, 2011, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS INITIATION OF THE ANTIDUMPING INVESTIGATION ON CERTAIN STEEL NAILS FROM THE UNITED ARAB EMIRATES (76 FR 23559).

2. THE MERCHANDISE COVERED BY THE INVESTIGATION 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 THE INVESTIGATION 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. CERTAIN STEEL 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 THE INVESTIGATION ARE CURRENTLY CLASSIFIED UNDER THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) SUBHEADINGS 7317.00.55, 7317.00.65, AND 7317.00.75.

EXCLUDED FROM THE SCOPE OF THE INVESTIGATION ARE STEEL NAILS SPECIFICALLY ENUMERATED AND IDENTIFIED IN ASTM STANDARD F 1667 (2005 REVISION) AS TYPE I, STYLE 20 NAILS, WHETHER COLLATED OR IN BULK, AND WHETHER OR NOT GALVANIZED.

ALSO EXCLUDED FROM THE SCOPE OF THE INVESTIGATION ARE THE FOLLOWING PRODUCTS:

NON-COLLATED (I.E., HAND-DRIVE 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; 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;

NON-COLLATED (I.E., HAND-DRIVE 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, AND WHOSE PACKAGING AND PACKAGING MARKING ARE CLEARLY AND PROMINENTLY LABELED “ROOFING” OR “ROOF” NAILS;

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 WHOSE PACKAGING AND PACKAGING MARKING ARE CLEARLY AND PROMINENTLY LABELED “ROOFING” OR “ROOF” NAILS;

NON-COLLATED (I.E., HAND-DRIVE 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, AND WHOSE PACKAGING AND PACKAGING MARKING ARE CLEARLY AND PROMINENTLY LABELED “ROOFING” OR “ROOF” NAILS;

CORRUGATED NAILS. A CORRUGATED NAIL IS MADE OF A SMALL STRIP OF CORRUGATED STEEL WITH SHARP POINTS ON ONE SIDE;

THUMB TACKS, WHICH ARE CURRENTLY CLASSIFIED UNDER HTSUS 7317.00.10.00;

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;

CERTAIN STEEL 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; AND

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 THE INVESTIGATION IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-520-804.

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O5: DV).

5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

MICHAEL B. WALSH