[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35721-35723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14718]


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DEPARTMENT OF COMMERCE

International Trade Administration

RIN: A-520-804


Certain Steel Nails From the United Arab Emirates: Preliminary 
Results of Antidumping Duty Administrative Review; 2011-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

SUMMARY: The Department of Commerce (the Department) is conducting the 
first administrative review of the antidumping duty order on certain 
steel nails (nails) from the United Arab Emirates (UAE). The period of 
review (POR) is November 3, 2011, through April 30, 2013. The review 
covers two producers/exporters of the subject merchandise, Dubai Wire 
FZE (Dubai Wire) and Precision Fasteners, L.L.C. (Precision). We 
preliminarily find that Dubai Wire and Precision sold subject 
merchandise at less than normal value in the United States during the 
POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: June 24, 2014.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Michael Romani, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-0198, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the Order \1\ is certain steel nails 
from the UAE. The products are currently classifiable under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7317.00.55, 7317.00.65, and 7317.00.75. Although the HTSUS numbers are 
provided for convenience and customs purposes, the written product 
description, remains dispositive.\2\
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    \1\ Certain Steel Nails from the United Arab Emirates: Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order, 77 FR 27421 (May 10, 2012) (Order).
    \2\ A full description of the scope of the order is contained in 
the memorandum to Ronald K. Lorentzen, Acting Assistant Secretary 
for Enforcement and Compliance, from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Certain Steel Nails from the United Arab Emirates: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2013'' 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 (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is 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 
Preliminary Decision Memorandum.

Facts Available

    For the preliminary results, we have relied, in part, on facts 
available. Because we lack necessary Dubai Wire sales and cost data, we 
determine that it is appropriate to apply ``facts otherwise available'' 
pursuant to section 776(a)(2)(B) of the Act. We further determine that 
an adverse inference is not warranted in accordance with

[[Page 35722]]

section 776(b) of the Act because, pursuant to section 782(e) of the 
Act, Dubai Wire acted to the best of its ability to comply with our 
requests for information and we have sufficient sales and cost 
information on the record to calculate a margin for Dubai Wire. Because 
Precision did not act to the best of its ability to respond to the 
Department's request for information, we have drawn an adverse 
inference in selecting from among the facts otherwise available, 
pursuant to 776(a) and (b) of the Act. For a full description of the 
methodology underlying our conclusions, see Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins on certain steel nails from 
the UAE exist for the period November 3, 2011, through April 30, 2013 
at the following rates:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Company                              dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Dubai Wire FZE.............................................         3.88
Precision Fasteners, L.L.C.................................       184.41
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after the date of publication of this 
notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs not 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 not later 
than five days after the date for filing case briefs.\3\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) a statement of the issue; (2) A brief 
summary of the argument; and (3) a table of authorities.\4\
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    \3\ See 19 CFR 351.309(d).
    \4\ Id.; see also 19 CFR 351.303 (for general filing 
requirements).
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    Pursuant to 19 CFR 351.310(c), 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 IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Time 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 issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. The Department intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised in any written briefs, not 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon issuance of the final results, the Department shall determine 
and U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries covered by this review. If we 
continue to rely on adverse facts available to establish Precision's 
weighted-average dumping margin, we will instruct CBP to apply an ad 
valorem assessment rate of 184.41 percent to all entries of subject 
merchandise during the POR which were produced and/or exported by 
Precision. If Dubai Wire's weighted-average dumping margin is not zero 
or de minimis in the final results of this review, we will calculate 
importer-specific ad valorem assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). If Dubai Wire's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties in accordance with the Final Modification for 
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping 
for the exporter is determined to be zero or de minimis, no antidumping 
duties will be assessed.'' \5\ We will instruct CBP to take into 
account the ``provisional measures cap'' in accordance with 19 CFR 
351.212(d).
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    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\6\ This clarification will apply to entries of subject 
merchandise during the POR produced by Dubai Wire for which it did not 
know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
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    \6\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of nails from the UAE entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
Dubai Wire and Precision will be the rate established in the final 
results of this administrative review; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the manufacturer of the merchandise for the 
most recently completed segment of this proceeding; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 4.30 percent.\7\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \7\ The all-others rate established in the Order.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).


[[Page 35723]]


    Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of Differential Pricing Analysis
Product Comparisons
Date of Sale
Export Price
Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Calculation of Normal Value Based on Comparison Market Prices
    D. Cost of Production
Facts Available
Dubai Wire
Precision
    A. Use of Facts Available
    B. Application of Facts Available With an Adverse Inference
Currency Conversion

[FR Doc. 2014-14718 Filed 6-23-14; 8:45 am]
BILLING CODE 3510-DS-P