Steel Nails: Magnum Roofing Nails Don't Qualify for Scope Exemption, Commerce Says
Roofing nails imported by Magnum Tool Corporation are subject to antidumping and countervailing duties on steel nails from South Korea, Malaysia, Oman, Taiwan and Vietnam (A-580-874, A-557-816, A-523-808, A-583-854, A-552-818/C-552-819), the Commerce Department said in an April 1 scope ruling. The nails do not qualify for an exemption for ASTM Type I, Style 20 roofing nails that’s included in the scope, Commerce said.
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Magnum Tool had argued its roofing nails qualify for the exemption because, though they don’t fall under a specific category listed under Style 20 of the ASTM 1667 standard for nails, they are roofing nails that meet the requirements of the overall standard in terms of ductility, dimensions and tolerances, “and are therefore substitutable alternatives to ASTM 1667 common nails.”
Commerce disagreed, finding that, to qualify for the exemption, nails “must exactly meet the type and style of nails identified in the specific table of the listed ASTM standard.” ASTM 1667 does not “set a baseline dimension or tolerance, above which nails would be considered to meet the specification. Rather, the standards, as listed in Tables 29 through 33, identify specific dimensions (length (in.), head diameter or width (in.), shank diameter (in.), and number of nails per pound) listed under specific and unique ‘dash numbers.’ Each individual type of nail which meets the standard must meet all of the stated dimensions listed in its ‘dash number’ in order to comply with the standard,” Commerce said.
Magnum’s roofing nails otherwise meet all the physical requirements of the scope, Commerce said. “The language of the scope is unambiguous, and there is no basis for concluding that Magnum Tool’s steel to wood roofing nails are outside the scope of the Orders,” it said.
Email ITTNews@warren-news.com for a copy of this scope ruling.