[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37571-37573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13704]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain steel 
nails (nails) from the United Arab Emirates (UAE). The period of review 
(POR) is May 1, 2014, through April 30, 2015.\1\ We preliminarily find 
that ODS and Dubai Wire sold subject merchandise at less than normal 
value in the United States and that Oman Fasteners, OISI, and Precision 
had no shipments during the POR. Interested parties are invited to 
comment on these preliminary results.
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    \1\ The review covers five producers/exporters of the subject 
merchandise, Dubai Wire FZE (Dubai Wire), Oman Fasteners LLC (Oman 
Fasteners), Overseas Distribution Services Inc. (ODS), Overseas 
International Steel Industry LLC (OISI), and Precision Fasteners LLC 
(Precision).

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DATES: Effective Date: June 10, 2016.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3683, and (202) 482-
1690, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the Order \2\ is 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. While the HTSUS subheadings are provided 
for convenience and customs purposes, the written product description 
remains dispositive. A full description of the scope of the order is 
contained in the Preliminary Decision Memorandum.\3\
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    \2\ See 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).
    \3\ See the Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2014-2015: Certain Steel Nails from the 
United Arab Emirates'' dated concurrently with and hereby adopted by 
this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Oman Fasteners, OISI, and 
Precision, we preliminarily determine that these companies had no 
shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. For a full discussion of this 
determination, see the Preliminary Decision Memorandum.

Methodology

    The Department is conducting 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.
    The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 and is available to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period May 1, 
2014, through April 30, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                    Producer/exporter                     average margin
                                                             (percent)
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Overseas Distribution Services Inc......................            7.80
Dubai Wire FZE \4\......................................            7.80
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[[Page 37572]]

     
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    \4\ Dubai Wire was not selected for individual examination in 
this review. Generally, we look to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in 
an investigation, for guidance when calculating the rate for 
respondents not selected for individual review. Section 735(c)(5)(A) 
of the Act instructs that we are not to calculate an all-others rate 
using any zero or de minimis margins or any margins based on total 
facts available. Accordingly, our usual practice has been to average 
the rates for the selected companies excluding zero, de minimis, and 
rates based entirely on facts available. In this review, we 
calculated a weighted-average dumping margin above zero or de 
minimis for the sole respondent selected for individual examination, 
ODS. Based on this, and analogous to the statutory provision 
concerning investigations, we preliminarily determine that a 
reasonable method for determining the weighted-average dumping 
margin for Dubai Wire in this review is to assign the rate 
calculated for ODS.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of 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 case 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.\5\ 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.\6\
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    \5\ See 19 CFR 351.309(d).
    \6\ See 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, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\7\ 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 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, 
unless extended, pursuant to section 751(a)(3)(A) of the Act.
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    \7\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine and CBP shall assess antidumping duties on all appropriate 
entries. If ODS' weighted-average dumping margin continues to be above 
de minimis in the final results of this review, we will calculate an 
importer-specific assessment rate on the basis of the ratio of the 
total amount of antidumping duties calculated for each importer's 
examined sales and the total entered value of the sales in accordance 
with 19 CFR 351.212(b)(1). If ODS' weighted-average dumping margin is 
zero or de minimis in the final results of review, we will instruct CBP 
not to assess duties on any of its entries 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.'' \8\
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    \8\ 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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    For entries of subject merchandise during the POR produced by ODS 
for which it did not know its merchandise was destined for the United 
States, 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.
    Consistent with our practice, if we continue to find that Oman 
Fasteners, OISI, and Precision had no shipments of subject merchandise 
to the United States in the final results of this review, we intend to 
instruct CBP to liquidate any existing entries of merchandise produced 
by Oman Fasteners, OISI, and Precision and exported by other parties at 
the all-others rate.
    For Dubai Wire, the company not selected for individual 
examination, we will instruct CBP to apply the rate assigned to it in 
the final results of this review, to all entries of subject merchandise 
produced and/or exported by Dubai Wire.
    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 rates 
for ODS and Dubai Wire will be the rates established in the final 
results of this administrative review; (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 recent period; (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 most recent period for the 
manufacturer of the merchandise; (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 4.30 percent, the 
all-others rate established in the Order. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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.


    Dated: June 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

Summary
Background
Scope of the Order
Preliminary Determination of No Shipments
Rate for Respondent Not Selected for Individual Examination
Discussion of the Methodology
    A. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of Differential Pricing Analysis
    B. Product Comparisons
    C. Date of Sale
    D. U.S. Price
    E. Normal Value
    1. Home Market Viability and Comparison Market
    2. Level of Trade
    3. Calculation of Normal Value Based on Constructed Value
    4. Cost of Production
    F. Verification

[[Page 37573]]

    G. Currency Conversion
Recommendation

[FR Doc. 2016-13704 Filed 6-9-16; 8:45 am]
 BILLING CODE 3510-DS-P