[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4030-4031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01594]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Final Results of 
Antidumping Duty Administrative Review; 2014-2016

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

SUMMARY: On August 7, 2017, the Department of Commerce (Commerce) 
published the preliminary results of the antidumping duty 
administrative review of certain steel nails (nails) from the Sultanate 
of Oman (Oman). The period of review (POR) is December 29, 2014, 
through June 30, 2016. As a result of our analysis of the comments and 
information received, these final results differ from the Preliminary 
Results with respect to Oman Fasteners LLC (Oman Fasteners), but remain 
unchanged with respect to the collapsed entity of Overseas 
International Steel Industry LLC (OISI) and Overseas Distribution 
Services Inc. (ODS). For the final weighted-average dumping margins, 
see the ``Final Results of Review'' section below.

DATES: Applicable January 29, 2018.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Thomas Martin, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5831 or (202) 482-3936, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 7, 2017, Commerce published the Preliminary Results.\1\ 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results. On September 22, 2017, Mid 
Continent Steel & Wire, Inc. (the petitioner) and Oman Fasteners 
submitted their case briefs.\2\ On September 27, 2017, the petitioner 
and Oman Fasteners submitted their rebuttal briefs.\3\ No interested 
parties requested a hearing.
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from the Sultanate of Oman: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2014-
2016, 82 FR 36738 (August 7, 2017) and accompanying Preliminary 
Decision Memorandum (Preliminary Results).
    \2\ See the petitioner's case brief, dated September 22, 2017, 
Oman Fasteners's case brief, dated September 22, 2017.
    \3\ See the petitioner's rebuttal brief, dated September 27, 
2017, and Oman Fasteners's rebuttal brief, dated September 27, 2017.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is nails having a nominal 
shaft length not exceeding 12 inches.\4\ 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 IDM.\5\
---------------------------------------------------------------------------

    \4\ 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.
    \5\ See Memorandum, ``Decision Memorandum for Final Results of 
the 2014-2016 Antidumping Duty Administrative Review of Certain 
Steel Nails from the Sultanate of Oman,'' dated concurrently with, 
and hereby adopted by this notice (IDM). The IDM 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 and 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 accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the IDM are identical in content.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the IDM. A list of the 
issues that parties raised and to which we responded is attached to 
this notice as an Appendix. The IDM 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 https://access.trade.gov and 
in the Central Records Unit (CRU), Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the IDM can be 
accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic versions of the IDM are 
identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have 
recalculated Oman Fasteners's weighted-average dumping margin.\6\ The 
AFA dumping margin for

[[Page 4031]]

the collapsed entity (i.e., OISI and ODS) remains unchanged from the 
Preliminary Results.\7\
---------------------------------------------------------------------------

    \6\ See IDM; see also Memorandum,''Certain Nails from Oman: 
Calculation Memorandum for the Final Results of the 2014-2016 
Administrative Review--Oman Fasteners,'' dated concurrently with 
this notice.
    \7\ ODS was initially a non-selected respondent subject to this 
administrative review; however, because we have, as adverse facts 
available (AFA), collapsed ODS with mandatory respondent OISI, we 
are assigning both the same AFA margin. See Preliminary Results, 82 
FR at 36740.
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, Commerce calculated a weighted-average 
dumping margin that is above de minimis for Oman Fasteners and a margin 
based on AFA for the collapsed entity (i.e., OISI and ODS) for the 
period December 29, 2014, through June 30, 2016, as referenced below.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                      dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Oman Fasteners LLC......................................            0.63
Overseas International Steel Industry LLC/Overseas                154.33
 Distribution Services Inc..............................
------------------------------------------------------------------------

Duty Assessment

    Commerce shall determine and Customs and Border Protection (CBP) 
shall assess antidumping duties on all appropriate entries.\8\ For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis, we calculated importer-specific ad valorem duty 
assessment rates 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). Upon 
issuance of the final results of this administrative review, if any 
importer-specific assessment rates calculated in the final results are 
above de minimis (i.e., at or above 0.5 percent), Commerce will issue 
instructions directly to CBP to assess antidumping duties on 
appropriate entries. 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 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \8\ In these final results, Commerce applied the assessment rate 
calculation method 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).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which it did not know that 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. We intend to issue assessment 
instructions directly to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit 
rate for respondents noted above will be the rate established in the 
final results of this administrative review; (2) for merchandise 
exported by manufacturers or exporters not covered in this 
administrative 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; 
(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 recently 
completed segment of this proceeding for the manufacturer of the 
subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 9.10 percent, the all-
others rate established in the antidumping investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the POR. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: January 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final IDM

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    Comment 1: Ministerial Error
    Comment 2: Data Used To Calculate Constructed Value Ratios
    Comment 3: Profit Cap
    Comment 4: Distribution Expenses and the Calculation of Selling 
Ratios
    Comment 5: Denominator in the CV Profit and Indirect Selling 
Expense Ratios
    Comment 6: Offset for Interest Income
    Comment 7: Demurrage Expenses
    Comment 8: Capping Reported Freight Revenue
    Comment 9: Differential Pricing
    Comment 10: Affiliation With a Customer by Virtue of a Close 
Supplier Relationship
    Comment 11: By-product Offset
    Comment 12: Application of Adverse Facts Available to Oman 
Fasteners' Reported Wire Rod, Drawing Wire Rod, and Relocation Costs
    Comment 13: Including Oman Fasteners' Parents' Operating Costs 
in G&A
VI. Recommendation

[FR Doc. 2018-01594 Filed 1-26-18; 8:45 am]
 BILLING CODE 3510-DS-P