[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58231-58232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25145]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Final Results of 
Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that, during 
the period of review (POR) July 1, 2016, through June 30, 2017, Oman 
Fasteners LLC (Oman Fasteners) is not selling nails at less than normal 
value but that the collapsed entity of Overseas International Steel 
Industry LLC (OISI) and Overseas Distribution Services Inc. (ODS) is.

DATES: Applicable November 19, 2018.

FOR FURTHER INFORMATION CONTACT: 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) 482-3936, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 14, 2018, Commerce published the Preliminary Results of the 
2016-2017 antidumping duty administrative review of certain steel nails 
from the Sultanate of Oman.\1\ In accordance with 19 CFR 
351.309(c)(1)(ii), we invited parties to comment on our Preliminary 
Results. On June 13, 2018, Mid Continent Steel & Wire, Inc. (the 
petitioner) and Oman Fasteners submitted case briefs.\2\ In its case 
brief, the petitioner timely requested a hearing but withdrew its 
request on September 7, 2018.\3\ On June 20, 2018, the petitioner and 
Oman Fasteners submitted their rebuttal briefs.\4\
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    \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; 2016-
2017, 83 FR 22246 (May 14, 2018) and accompanying Preliminary 
Decision Memorandum (Preliminary Results).
    \2\ See the petitioner's case brief, dated June 13, 2018, Oman 
Fasteners' case brief, dated June 13, 2018.
    \3\ See Letter from the petitioner, ``Certain Steel Nails from 
Oman: Withdrawal of Request for Hearing,'' dated September 7, 2018.
    \4\ See the petitioner's rebuttal brief, dated June 20, 2018, 
and Oman Fasteners' rebuttal brief, dated June 20, 2018.
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Scope of the Order

    The merchandise covered by this order is nails having a nominal 
shaft length not exceeding 12 inches.\5\ 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.\6\
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    \5\ 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.
    \6\ See Memorandum, ``Decision Memorandum for Final Results of 
the 2016-2017 Antidumping Duty Administrative Review of Certain 
Steel Nails from the Sultanate of Oman,'' dated concurrently with, 
and hereby adopted by this notice (IDM).
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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' weighted-average dumping

[[Page 58232]]

margin.\7\ The AFA dumping margin for the collapsed entity (i.e., OISI 
and ODS) remains unchanged from the Preliminary Results.\8\
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    \7\ See IDM; see also Memorandum, ``Certain Nails from Oman: 
Calculation Memorandum for the Final Results of the 2016-2017 
Administrative Review--Oman Fasteners,'' dated concurrently with 
this notice.
    \8\ Commerce determined that OISI and ODS should be a collapsed 
entity in the previous administrative review. See Certain Steel 
Nails from the Sultanate of Oman: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 83 FR 4030 (January 29, 2018).
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Final Results of the Review

    As a result of this review, we determine that, for the period July 
1, 2016, through June 30, 2017, the following dumping margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                  dumping margin
                                                             (percent)
------------------------------------------------------------------------
Oman Fasteners LLC......................................            0.00
Overseas International Steel Industry LLC/Overseas                154.33
 Distribution Services Inc..............................
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Duty Assessment

    Commerce shall determine and Customs and Border Protection (CBP) 
shall assess antidumping duties on all appropriate entries.\9\ For Oman 
Fasteners, because its weighted-average dumping margin is zero or de 
minimis (i.e., less than 0.5 percent), Commerce has not calculated 
importer-specific antidumping duty assessment rates. Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the importer-specific 
assessment rate is zero or de minimis. Because we calculated a zero 
margin for Oman Fasteners in the final results of this review, we 
intend to instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. For entries of the subject merchandise 
from OISI and ODS, we will instruct CBP to assess antidumping duties at 
the AFA rate of 154.33 percent.
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    \9\ 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).
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    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: November 9, 2018.
Christian Marsh,
Deputy 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: Whether Astrotech's financial statement is a better 
source than Amatei for calculating CV profit and indirect selling 
expenses
Comment 2: Whether Commerce made certain errors in its calculation 
of CV profit and indirect selling expenses
Comment 3: Whether Oman Fasteners is affiliated with a U.S. customer 
via a close supplier relationship
Comment 4: Whether Oman Fastener's U.S. sales are CEP sales because 
the terms of sale were agreed to or established by the Atlanta 
office
Comment 5: Whether Commerce should impute interest for a related 
party loan
Comment 6: Whether Commerce should base CV Profit on Omani rates or 
capped if based on third-country sources
Comment 7: Whether Commerce's differential pricing methodology is 
unlawful
VI. Recommendation

[FR Doc. 2018-25145 Filed 11-16-18; 8:45 am]
 BILLING CODE 3510-DS-P