The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on Certain Steel Nails from the United Arab Emirates.

As a result of the vote, the Commission will conduct an expedited review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determinations in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s vote on this matter is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC  20436.  Requests may be made by telephone by calling 202-205-1802.

The record of the Commission’s vote is also posted on the USITC’s Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.  From this page, search “steel nails” using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available.  Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review.  The Commission will issue a report after it completes its review.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain steel nails from the United Arab Emirates that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC's affirmative determinations, Commerce will issue antidumping duty orders on imports of these products from the United Arab Emirates.

The Commission's public report Certain Steel Nails from the United Arab Emirates (Investigation No. 731-TA-1185 (Final), USITC Publication 4321, May 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after May 23, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Steel Nails from the United Arab Emirates
Investigation No. 731-TA-1185 (Final)

Product Description: The imported products subject to this investigation are 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. 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 this investigation are currently classified under Harmonized Tariff Schedule of the United States subheadings 7317.00.55, 7317.00.65, and 7317.00.75. A number of specific types of nails are excluded from this investigation, primarily certain types of roofing nails, and certain nails for use in powder- actuated or gas-actuated hand tools.

Status of Proceedings:

1.  Type of investigation:  Final antidumping.
2.  Petitioner:  Mid Continent Nail Corporation, Poplar Bluff, Missouri.
3.  Investigation instituted by USITC:  March 31, 2011.
4.  USITC hearing:  March 20, 2012.
5.  USITC vote:  April 19, 2012.
6.  Scheduled date for USITC notification of Department of Commerce:  May 2, 2012.

U.S. Industry:

1.  Number of U.S. producers: 12.
2.  Location of producers' plants:  Arkansas, California, Colorado, Connecticut, Illinois,
          Indiana, Massachusetts, Missouri, Ohio, Rhode Island, Texas, and Wisconsin.
3.  Employment of production and related workers in 2011:  506.
4.  Apparent U.S. consumption in 2011:  $776,423,000.
5.  Ratio of the value of imports from the United Arab Emirates to total U.S. consumption in
          2011: 16.8 percent.

U.S. Imports:

1.  Total value of imports during 2011:  $592,634,000.
2.  Leading sources during 2011:  China, United Arab Emirates, Taiwan, and Korea (in terms of
          total value).