[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Pages 24941-24943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11203]


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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; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
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, 2015, through April 30, 2016. We preliminarily 
determine that the only exporter of subject

[[Page 24942]]

merchandise, Overseas Distribution Services Inc. (ODS), sold subject 
merchandise at less than normal value (NV) in the United States and 
that Oman Fasteners LLC (Oman Fasteners) and Overseas International 
Steel Industry LLC (OISI) had no shipments during the POR.

DATES: Effective May 31, 2017.

FOR FURTHER INFORMATION CONTACT: Annathea Cook or Susan Pulongbarit, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0250, and (202) 
482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the Order \1\ 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.\2\
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    \1\ 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).
    \2\ See Memorandum from Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2016: 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 and OISI, 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.\3\
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    \3\ Id.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum.\4\ 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 https://access.trade.gov, and it 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 is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \4\ Id.
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Adverse Facts Available

    Because mandatory respondent ODS has withheld requested 
information, failed to provide such information in the manner and form 
required, impeded this review, and reported information that could not 
be verified, thus failing to cooperate by not acting to the best of its 
ability to comply with a request for information by the Department, we 
preliminarily determine to apply adverse facts available (AFA) to this 
respondent, in accordance with sections 776(a) and (b) of the Act and 
19 CFR 351.308. For further discussion, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminary determine that, for the period of May 1, 2015, 
through April 30, 2016 the following weighted-average dumping margin 
exists:

------------------------------------------------------------------------
                                                               Weighted-
                                                                 average
                      Producer/exporter                          margin
                                                               (percent)
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Overseas Distribution Services Inc...........................    184.41
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Disclosure and Public Comment

    Interested parties may submit case briefs not later than 20 days 
after the date of publication of this notice.\5\ 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.\6\ 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.\7\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ 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 20 days after the date of publication of 
this notice.\8\ 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.
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    \8\ See 19 CFR 351.310(c).
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    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, unless otherwise extended.
    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Standard Time.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If ODS's weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), we will calculate an 
importer-specific ad valorem antidumping duty assessment rate based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is not zero or de minimis. If ODS's weighted-
average dumping margin is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by this review 
and

[[Page 24943]]

for future deposits of estimated duties, where applicable.
    We intend to issue instructions to CBP 15 days after the 
publication date 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 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.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ See 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of the 
antidumping duties reimburses.
    The preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 16, 2017.
Ronald K. Lorentzen,
Acting 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. Preliminary Determination of No Shipments
V. Use of Facts Available and Adverse Inferences
VI. Conclusion

[FR Doc. 2017-11203 Filed 5-30-17; 8:45 am]
 BILLING CODE 3510-DS-P