[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37620-37622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16328]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Oman Fasteners LLC (Oman Fasteners), a producer/exporter of
certain steel nails (nails) from the Sultanate of Oman (Oman), did not
sell subject merchandise at prices below normal value during the period
of review (POR) July 1, 2017 through June 30, 2018. Additionally, we
are rescinding the review with respect to three companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 1, 2019.
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.
SUPPLEMENTARY INFORMATION:
On July 13, 2015, Commerce published in the Federal Register an
antidumping (AD) order on nails from Oman.\1\ On July 3, 2018, Commerce
notified interested parties of the opportunity to request an
administrative review of orders, findings, or suspended investigations
with anniversaries in July 2018, including the AD Order on nails from
Oman.\2\ Commerce received timely requests from Oman Fasteners and Mid
Continent Steel & Wire, Inc. (the petitioner) to conduct an
administrative review of certain exporters covering the POR. On
September 10, 2018, Commerce published a notice initiating a review of
the Order covering four companies for the POR.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 31121 (July 3, 2018).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation
Notice).
---------------------------------------------------------------------------
In the Initiation Notice, Commerce indicated that, in the event
that we would limit the respondents selected for individual examination
in accordance with section 777A(c)(2) of the Tariff Act of 1930, as
amended (the Act), we would select mandatory respondents for individual
examination based upon U.S. Customers and Border Protection (CBP) entry
data.\4\ On September 18, 2018, we released CBP entry data under
Administrative Protective Order (APO) to all parties with access to
information protected by APO. Subsequently, we issued the AD
questionnaire to Oman Fasteners.\5\ On November 5, 2018, the petitioner
withdrew its request for administrative reviews for the three
companies, other than Oman Fasteners, for which it had requested
administrative reviews,\6\ pursuant to 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\4\ See Initiation Notice, 83 FR at 45596.
\5\ See Commerce's Letter, ``Administrative Review of Certain
Steel Nails from Oman: Antidumping Duty Questionnaire,'' dated
October 22, 2018.
\6\ See Petitioner's Letter, ``Certain Steel Nails from Oman:
Withdrawal of Request for Administrative Reviews'' dated November 5,
2018. The three companies for which the petitioner withdrew its
request for review are: Al Kiyumi Global LLC; Astrotech Steels
Private Ltd.; and Geekay Wires Limited.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from December 22, 2018 through
the
[[Page 37621]]
resumption of operations on January 29, 2019.\7\ On May 4, 2019,
Commerce extended the preliminary results in this review to no later
than June 26, 2019.\8\ On June 25, 2019, Commerce extended the
preliminary results in this review to no later than July 26, 2019.\9\
---------------------------------------------------------------------------
\7\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\8\ See Memorandum, ``Antidumping Duty Administrative Review or
Certain Steel Nails from the Sultanate of Oman: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated May 4, 2019.
\9\ See Memorandum, ``Antidumping Duty Administrative Review or
Certain Steel Nails from the Sultanate of Oman: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated June 25, 2019.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Commerce received timely requests to conduct an administrative
review of certain exporters covering the POR. Because the petitioner
timely withdrew its requests for review of all of the companies listed
in the Initiation Notice, with the exception of Oman Fasteners, we are
rescinding the administrative review with respect to those these three
companies,\10\ pursuant to 19 CFR 351.213(d)(1). Accordingly, the
remaining company subject to the instant review is Oman Fasteners.
---------------------------------------------------------------------------
\10\ Al Kiyumi Global LLC, Astrotech Steels Private Ltd., and
Geekay Wires Limited.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is nails having a nominal
shaft length not exceeding 12 inches.\11\ 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 Preliminary Decision Memorandum.\12\
---------------------------------------------------------------------------
\11\ 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.
\12\ See Memorandum, ``Decision Memorandum for Preliminary
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 (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
The Preliminary Decision Memorandum 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 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 Preliminary Decision Memorandum are
identical in content.
Methodology
Commerce is conducting this review in accordance with section
751(a) of 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 the Preliminary Decision Memorandum.\13\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
---------------------------------------------------------------------------
\13\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period July 1,
2017 through June 30, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC......................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs no 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 no later than five days after the time
limit for filing case briefs.\14\ Parties who submit case briefs or
rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\15\ Executive summaries
should be limited to five pages total, including footnotes.\16\ Case
and rebuttal briefs should be filed using ACCESS.\17\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ Id.
\17\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing schedule. Interested parties who wish to request
a hearing, or to participate if one is requested, must submit a written
request to the Assistant Secretary for Enforcement and Compliance,
filed electronically via ACCESS within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. We intend to issue the final results of this
administrative review, including the results of our analysis of issues
raised by the parties in the written comments, within 120 days of
publication of these preliminary results in the Federal Register,
unless otherwise extended.\18\
---------------------------------------------------------------------------
\18\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. Commerce intends to issue assessment instructions to CBP 15
days after the date of publication of the final results of this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates on the
basis of the ratio of the total amount of dumping calculated for an
importer's examined sales and the total entered value of such
[[Page 37622]]
sales, in accordance with 19 CFR 351.212(b)(1).\19\ For entries of
subject merchandise during the POR produced by each respondent for
which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\20\ 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.
---------------------------------------------------------------------------
\19\ In these preliminary results, Commerce applied the
assessment rate calculation methodology 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).
\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the three companies for which this review is rescinded,
antidumping duties will be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawn from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice,
concerning these three companies. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.
Cash Deposit Requirement
The following cash deposit requirements will be effective upon
publication of the notice of the final results of administrative review
for all shipments of nails from Oman entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (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 recently completed segment of this
proceeding in which the manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 9.10 percent ad valorem, the all-
others rate established in the less-than-fair value investigation.\21\
---------------------------------------------------------------------------
\21\ See Certain Steel Nails from the Republic of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results and partial rescission of administrative
review are issued and published in accordance with sections 751(a)(1)
and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: July 24, 2019.
Jeffrey I. Kessler,
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. Affiliation
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2019-16328 Filed 7-31-19; 8:45 am]
BILLING CODE 3510-DS-P