[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5756-5757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02629]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Rescission of 
2016-2017 Antidumping Duty Administrative Review

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on certain steel 
nails from the United Arab Emirates (UAE) for the period of review 
(POR), May 1, 2016, through April 30, 2017.

DATES: Applicable February 9, 2018.

FOR FURTHER INFORMATION CONTACT: Annathea Cook, 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

SUPPLEMENTARY INFORMATION: 

Background

    On July 6, 2017, based on a timely request for review by Mid 
Continent Steel & Wire, Inc. (the petitioner), Commerce published in 
the Federal Register a notice of initiation of an administrative review 
of the antidumping duty order on certain steel

[[Page 5757]]

nails from the UAE, covering the POR.\1\ On August 2, 2017, Commerce 
placed evidence on the record that the antidumping duty questionnaire 
was undeliverable to Overseas Distribution Services, Inc., (ODS), the 
sole respondent subject to the review, at the address provided.\2\ We 
requested an alternate address from the petitioner, but the petitioner 
was unable to provide one.\3\ Although we re-sent the questionnaire to 
the original and two available alternate addresses from other segments 
of this proceeding,\4\ it continued to be undeliverable.\5\ Moreover, 
for two of the failed delivery attempts, the delivery company stated 
the business was closed.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 31292 (July 6, 2017); Petitioner's 
Letter, ``Certain Steel Nails from the United Arab Emirates: Request 
for Administrative Review,'' dated May 31, 2017.
    \2\ See Memorandum, ``Certain Steel Nails from the United Arab 
Emirates: Tracking of Documents to Overseas Distribution Services, 
Inc.,'' dated August 2, 2017.
    \3\ See Petitioner's Letter, ``Re: Certain Steel Nails from the 
United Arab Emirates: Comments on August 2, 2017 Memorandum to the 
File,'' dated August 14, 2017.
    \4\ See Memorandum, ``Certain Steel Nails from the United Arab 
Emirates: Alternate Contact Information for Overseas Distribution 
Services, Inc.,'' dated concurrently with this notice.
    \5\ See Memorandum, ``Certain Steel Nails from the United Arab 
Emirates: Second Tracking of Documents to Overseas Distribution 
Services, Inc.,'' dated January 24, 2018.
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    On January 23, 2018, Commerce exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. The revised deadline for the preliminary 
determination of this review is now February 5, 2018.\6\
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    \6\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018 (Tolling Memorandum). 
All deadlines in this segment of the proceeding have been extended 
by three days.
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Rescission of Administrative Review

    In instances when a questionnaire is returned because of an 
undeliverable address and the petitioner is unable to provide an 
alternative address, Commerce's practice is to rescind the review of 
the company.\7\ While Commerce understands the concerns raised by the 
petitioner,\8\ it would be futile to conduct a review of a closed 
company. Because the questionnaire was undeliverable with indications 
that the business was closed, ODS being the only respondent under 
review, and the petitioner is unable to provide an alternative address, 
we are rescinding the administrative review of certain steel nails from 
the UAE for the 2016-2017 POR.
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    \7\ See, e.g., Certain Steel Concrete Reinforcing Bars from 
Turkey; Final Results and Rescission of Antidumping Duty 
Administrative Review in Part, 71 FR 65082 (November 7, 2006); 
Certain Frozen Warmwater Shrimp from Thailand; Partial Rescission of 
Antidumping Duty Administrative Review, 72 FR 50931 (September 5, 
2007); Uncovered Innerspring Units from the People's Republic of 
China: Preliminary Results and Rescission, in Part, of the 
Antidumping Duty Administrative Review; 2016-2017, 82 FR 51602 
(November 7, 2017).
    \8\ See Petitioner's Letter, ``Re: Certain Steel Nails from the 
United Arab Emirates: Comments on January 24, 2018 Memorandum to the 
File,'' dated January 31, 2018.
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Assessment

    We will instruct U.S. Customs and Border Protection (CBP) to assess 
antidumping duties on all appropriate entries. Because Commerce is 
rescinding this administrative review in its entirety, the entries to 
which this administrative review pertained shall be assessed 
antidumping duties at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue appropriate assessment instructions to CBP 15 
days after the publication of this notice.

Notifications

    This notice serves as a final 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 Commerce's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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 terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: February 5, 2018.
James Maeder,
Associate Deputy Assistant Secretary performing the duties of Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-02629 Filed 2-8-18; 8:45 am]
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