[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Notices]
[Pages 61720-61722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21582]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No-Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain steel nails (steel nails) from the Sultanate of Oman
(Oman) are not being sold in the United States at less than normal
value during the period of review (POR) of July 1, 2018 through June
30, 2019. Additionally, we preliminarily find that certain companies
made no shipments during the POR.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT: Dakota Potts at (202) 482-0223 or
Stephen Bailey at (202) 482-0193, AD/CVD Operations, Office IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
On July 13, 2015, Commerce published the antidumping duty (AD)
Order on nails from Oman.\1\ On July 1, 2019, Commerce notified
interested parties of the opportunity to request an administrative
review of orders with anniversaries in July 2019.\2\ On July 31, 2019,
Oman Fasteners LLC (Oman Fasteners) and Mid Continent Steel & Wire,
Inc. (the petitioner) each requested that Commerce conduct an
administrative review with respect to seven companies.\3\ On September
9, 2019, Commerce initiated the AD administrative review of steel nails
from Oman for the POR.\4\ On October 4, 2019, Commerce selected Oman
Fasteners as the sole mandatory respondent in this review and issued
the intial AD questionnaire.\5\ Between November 1, 2019 and June 12,
2020, Oman Fasteners timely responded to Commerce's requests for
information.
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\1\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 31295 (July 1, 2019).
\3\ See Petitioner's Letter, ``Certain Steel Nails from Oman:
Request for Administrative Reviews,'' dated July 31, 2019; see also
Oman Fasteners' Letter, ``Certain Steel Nails from Oman; Fourth
Review; Oman Fasteners' Request for Review,'' dated July 31, 2019.
\4\ The following exporters and/or producers of steel nails from
Oman are subject to this review: (1) Al Kiyumi Global LLC (Al
Kiyumi); (2) Astrotech Steels Private Ltd. (Astrotech); (3) Geekay
Wires Limited (Geekay); (4) Modern Factory For Metal Products
(Modern Factory); (5) Oman Fasteners; (6) Trinity Steel Private
Limited (Trinity); and (7) WWL India Private Ltd (WWL India). See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 84 FR 47242 (September 9, 2019) (Initiation Notice).
\5\ See Commerce's Letter dated October 4, 2019.
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On March 18, 2020, Commerce extended the deadline for the
preliminary results of this review by 65 days.\6\ On April 24, 2020,
Commerce tolled all deadlines in administrative reviews by 50 days,\7\
and again on July 21, 2020, by an additional 60 days,\8\ thereby
extending the deadline for these results until September 23, 2020.
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\6\ See Memorandum, ``Certain Steel Nails from the Sultanate of
Oman: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review,'' dated March 18, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order
The merchandise covered by this Order is steel nails having a
nominal shaft length not exceeding 12 inches.\9\ Merchandise covered by
the Order is currently classified under the Harmonized Tariff Schedule
of the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this Order also may be classified under
HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS
subheadings. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
Order is dispositive. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.\10\
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\9\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
\10\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2018-2019 Antidumping Duty Administrative Review of
Certain Steel Nails from the Sultanate of Oman,'' dated concurrently
with, and hereby adopted by this notice (Preliminary Decision
Memorandum).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\11\ A list of
topics included in the Preliminary
[[Page 61721]]
Decision Memorandum is included as an Appendix to this notice.
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\11\ See Preliminary Decision Memorandum.
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Preliminary Determination of No Shipments
On October 1, 3, and 4, Astrotech, Geekay, and Trinity,
respectively, submitted letters certifying that each company had no
exports or sales of subject merchandise into the United States during
the POR.\12\ U.S. Customs and Border Protection (CBP) did not have any
information to contradict these claims of no shipments during the POR.
Therefore, we preliminarily determine that Astrotech, Geekay, and
Trinity did not have any reviewable transactions during the POR.
Consistent with Commerce's practice, we will not rescind the review
with respect to Astrotech, Geekay, and Trinity, but rather will
complete the review and issue instructions to CBP based on the final
results.\13\
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\12\ See Astrotech's Letter, ``Certain Steel Nails from Oman
Request for No Shipment During the Period of Review (POR),'' dated
October 1, 2019; Geekay's Letter, ``Certain Steel Nails--Oman
Request for No Shipment during the Period of Review (POR),'' dated
October 3, 2019; and Trinity's Letter, ``Certain Steel Nails--Oman
Notice of No Sales During the Period of Review (POR),'' dated
October 4, 2019.
\13\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have calculated a weighted-average dumping
margin for the sole respondent, Oman Fasteners of zero percent.
Accordingly, we have assigned to the companies not individually
examined a margin of 0.00 percent, the sole margin calculated in this
proceeding.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2018
through June 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margins
(percent)
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Oman Fasteners LLC.......................................... 0.00
Al Kiyumi Global LLC........................................ 0.00
Modern Factory For Metal Products........................... 0.00
WWL India Private Ltd....................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than seven days after the
time limit for filing case briefs.\14\
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\14\ See 19 CFR 351.309(d)(1).
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Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\ Parties who submit case briefs
or rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\16\ Executive summaries
should be limited to five pages total, including footnotes.\17\ Case
and rebuttal briefs should be filed using ACCESS.\18\
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\15\ See 19 CFR 351.303 (for general filing requirements); see
also Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ Id.
\18\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Interested parties who
wish to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS within 30 days after the
date of publication of this notice. Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs. We intend to issue the final results of this
administrative review, including the results of our analysis of issues
raised by the parties in the written comments, within 120 days of
publication of these preliminary results in the Federal Register,
unless otherwise extended.\19\
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\19\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. Commerce intends to issue assessment instructions to CBP 15
days after the date of publication of the final results of this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates on the
basis of the ratio of the total amount of dumping calculated for an
importer's examined sales and the total entered value of such sales, in
accordance with 19 CFR 351.212(b)(1).\20\ For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\21\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to
[[Page 61722]]
liquidate the appropriate entries without regard to antidumping duties.
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\20\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\21\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section.
Commerce intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of this notice. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Requirement
The following cash deposit requirements will be effective upon
publication of the notice of the final results of administrative review
for all shipments of nails from Oman entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, as it is for Oman
Fasteners LLC in these preliminary results. In that case, no cash
deposit will be required); (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding in which the manufacturer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the less-than-fair-value investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment of the proceeding
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 9.10
percent ad valorem, the all-others rate established in the less-than-
fair value investigation.\22\
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\22\ See Certain Steel Nails from the Republic of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h)(1).
Dated: September 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-21582 Filed 9-29-20; 8:45 am]
BILLING CODE 3510-DS-P