Proposed Antidumping Scope Finalized in Nucor Fastener Case

October 22

00:00 2009

Share it With Friends

FEATURE

(Courtesy Nucor Fastener)

The U.S. Commerce Department finalized the scope of the antidumping and countervailing petitions filed by Nucor Fastener against standard fastener imports from China and Taiwan.

The text of the scope now reads:

“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).”

“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 U.S.C. Section 32901(a)(3), any “work truck” as defined in 49 U.S.C.
Section 32901(a) (19), or any “medium-duty passenger vehicle” as defined in 40 C.F.R. Section 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 C.F.R. Section 1.1 (2009).”

“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.”

“Unless explicitly excluded from the scope of this proceeding, bolts, cap screws, and nuts meeting the description of subject merchandise are covered by the investigations. Merchandise covered by the investigations is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings: 7318.15.2030, 7318.15.2055, 7318.15.2065, 7318.15.8065, 7318.15.8085, and 7318.16.0085. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the investigations is dispositive.”

Suppliers won concessions from Nucor Fastener, which agreed to exclude OEMs for “work trucks” and “medium-duty passenger vehicle,” in addition to exemptions for automotive and aerospace OEMs listed in the original scope.

Nucor Fastener filed antidumping and countervailing petitions with the Commerce Department on September 23. The petitions allege average dumping margins of 145% for Chinese imports, and 74% for imports from Taiwan. The Commerce Department has launched an investigation.

Importers have criticized Nucor Fastener for seeking tariffs on low-carbon standard fasteners that haven’t been produced in the U.S. since the 1960s.

The U.S. International Trade Commission is scheduled to make its preliminary injury determination by November 9, 2009.

For complete coverage of Nucor’s trade dispute, subscribe to GlobalFastenerNews.com.

Global Fastener News