AD/CV: China & Taiwan Certain Fasteners

The ITA has also initiated a countervailing duty investigation to determine whether manufacturers, producers, or exporters of certain standard steel fasteners in China receive countervailable subsidies.

Comments on Product Characteristics for AD Questionnaires Due by Oct. 27th

The ITA is requesting comments from interested parties regarding the appropriate physical characteristics of fasteners to be reported in response to the AD questionnaires.

This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product comparison criteria.

Comments on product characteristics to be reported in response to the AD questionnaires must be submitted by October 27, 2009. (Rebuttal comments are due by November 3, 2009.)

Comments on China CV/Taiwan AD Respondent Selection Due by Oct. 29/Nov. 2

For the China CV duty investigation, the ITA expects to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the period of investigation. The ITA invites comments regarding the CBP data and respondent selection in the China CV duty investigation by October 29, 2009.

For the Taiwan AD duty investigation, the ITA intends to select respondents based on the six HTS categories most specific to the subject merchandise during the period of investigation. The ITA invites additional comments regarding the CBP data and respondent selection, including the propriety of basing respondent selection upon CBP data in this investigation, by November 2, 2009.

Comments on Scope of AD/CV Investigations Due by November 2nd

Comments on the scope of all of the AD and CV duty investigations are due by November 2, 2009.

China - AD Q&V Questionnaires Due by November 5th

For the China AD duty investigation, the ITA will request quantity and value (Q&V) information from all known exporters and producers identified, with complete contact information, in the AD petition. The Q&V data received will be used as a basis to select the mandatory respondents.

Q&V questionnaires are available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-ssf/prc-ssf-qvq-101409.pdf. Completed questionnaires are due by November 5, 2009.

China - AD Separate Rate Applications Due by December 21st

The ITA also requires exporters and producers seeking separate rate status in the China AD duty investigation to submit a separate rate application no later than December 21, 2009. The separate rate application is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-ssf/prc-ssf-qvq-101409.pdf.

The ITA requires that the respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in this investigation.

Comments on Targeted Dumping Due January 15th

Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations by January 15, 2010 (i.e., no later than 45 days before the scheduled date of the ITA's preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Scope of the AD/CV Investigations

The merchandise covered by the investigations consists of certain standard nuts, standard bolts, and standard cap screws, of steel other than stainless steel. Standard nuts, standard bolts, and standard cap screws covered by the investigations may have a variety of finishes, including but not limited to coating in paint, phosphates, and zinc.

Standard bolts and standard cap screws covered by the investigations have a shank or thread with an actual and/or nominal diameter between 6 millimeters and 32 millimeters (inclusive). Standard bolts and standard cap screws covered by the investigations also possess a circular or hexagonal head, the surface of which may be flat or rounded (also known as "dome-shaped" or "button-headed").

Standard bolts covered by the investigations may have an attached washer face or the equivalent (e.g., a flanged head or chamfered corners on the underside of a fastener with a hexagonal-shaped head). Standard cap screws covered by the investigations have a permanently-attached washer face. Standard nuts are covered by the investigations if they are suitable for attachment to bolts and/or cap screws covered by the investigations.

Standard bolts, standard cap screws, and standard nuts are covered by the investigations whether imported alone, attached to other subject and/or non-subject merchandise (e.g., tension control assemblies), or unattached and in combination with other subject merchandise and/or non-subject merchandise.

Standard nuts, standard bolts, and standard cap screws meet the requirements of one or more nationally recognized consensus industry standard specifications (including but not limited to those referenced below). Subject merchandise is typically certified to the specifications published by one or more consensus standards organizations such as the following: the American Society for Testing and Materials (ASTM), the Society of Automotive Engineers (SAE), the International Organization for Standardization (ISO), and the Industrial Fasteners Institute. Common specifications to which subject merchandise is certified include, but are not limited to: ASTM A194, ASTM A307, ASTM A325, ASTM A325M, ASTM A354, ASTM A449, ASTM A490, ASTM A563, ASTM F568M, ASTM F1852, ASTM F2280, SAE J429, SAE J1199, ISO 898-1, ISO 898-2, ISO 4759-1, ISO 8992, and comparable foreign and domestic specifications (including, but not limited to, metric versions of specifications such as those listed above).

Unless explicitly excluded from the scope of the investigations, bolts, cap screws, and nuts meeting the description of subject merchandise are covered by the investigations.

Exclusions from the scope. Excluded from the scope of the investigations are bolts, cap screws, and nuts produced for an original equipment manufacturer (OEM) part number specific to any "automobile" as defined in 49 USC 32901(a)(3), any "work truck" as defined in 49 USC 32901(a) (19), or any "medium-duty passenger vehicle" as defined in 40 CFR 86.1803-01 (2009).

Also excluded from the scope of the investigations are bolts, cap screws, and nuts produced for an OEM part number specific to any "aircraft" as defined in 14 CFR 1.1.

Also excluded from the scope of the investigations are track bolts. Track bolts have a circular, rounded head and a shank which, immediately beneath the head, possesses an oval or elliptical shape, such that the non-round shape would restrict rotational movement of the bolt.

Also excluded from the scope of the investigations are carriage bolts. Carriage bolts have a circular, rounded head and a shank which, immediately beneath the head, possesses a non-round shape (e.g., square, finned), such that the non-round shape would restrict rotational movement of the bolt. Also excluded from the scope of the investigations are socket screws. Socket screws have a head with a recessed cavity into which a shaped bit may be inserted to turn and drive the fastener.

HTS classification. Merchandise covered by the investigations is classified in HTS subheadings: 7318.15.2030, 7318.15.2055, 7318.15.2065, 7318.15.8065, 7318.15.8085, and 7318.16.0085.

The ITA notes that although the HTS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the investigations is dispositive.

- ITA's preliminary AD duty determinations due by 03/02/10, unless extended

-ITA's preliminary China CV duty determination due by 12/17/09, unless extended

-International Trade Commission's prelim AD/CV injury determinations due 11/09/09

ITA AD notice (FR Pub 10/22/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25194.pdf

ITA China CV notice (FR Pub 10/22/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25197.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-taiwan-ssf-init-101409.pdf