[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60422-60424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Final Results 
of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: On July 2, 2020, the Department of Commerce (Commerce) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain steel nails (steel nails) from the 
United Arab Emirates (UAE). The period of review (POR) is May 1, 2018 
through April 30, 2019. For the final results of this review, we 
continue to find that Middle East Manufacturing Steel LLC (MEM) made 
sales of subject merchandise at less than normal value during the POR.

DATES: Applicable September 25, 2020.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION:

Background

    On July 2, 2020, Commerce published the Preliminary Results of the 
administrative review of the antidumping duty order on steel nails from 
the UAE.\1\ The administrative review covers one producer/exporter of 
the subject merchandise, MEM. We gave interested parties an opportunity 
to comment on the Preliminary Results. We received no comments. Hence, 
these final results are unchanged from the Preliminary Results.\2\
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    \1\ See Certain Steel Nails from the United Arab Emirates: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 39884 (July 2, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by 60 days. The deadline for the final 
results of this review is now December 29, 2020. See Memorandum, 
``Tolling of Deadlines for Antidumping and Countervailing Duty 
Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The merchandise covered by this order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails include, but 
are not limited to, nails made of round wire and nails that are cut. 
Certain steel nails may be of one piece construction or constructed of 
two or more pieces. Certain steel nails may be produced from any type 
of steel, and have a variety of finishes, heads, shanks, point types, 
shaft lengths and shaft diameters. Finishes include, but are not 
limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot-dipping one or more times), phosphate cement, and 
paint. Head styles include, but are not limited to, flat, projection, 
cupped, oval, brad, headless, double, countersunk, and sinker. Shank 
styles include, but are not limited to, smooth, barbed, screw threaded, 
ring shank and fluted shank styles. Screw-threaded nails subject to 
this order are driven using direct force and not by turning the 
fastener using a tool that engages with the head. Point styles include, 
but are not limited to, diamond, blunt, needle, chisel and no point. 
Certain steel nails may be sold in bulk, or they may be collated into 
strips or coils using materials such as plastic, paper, or wire.
    Certain steel nails subject to this order are currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7317.00.55, 7317.00.65, and 7317.00.75.

[[Page 60423]]

    Excluded from the scope of this order are steel nails specifically 
enumerated and identified in ASTM Standard F 1667 (2011 revision) as 
Type I, Style 20 nails, whether collated or in bulk, and whether or not 
galvanized.
    Also excluded from the scope of this order are the following 
products:
     Non-collated (i.e., hand-drive or bulk), two-piece steel 
nails having plastic or steel washers (caps) already assembled to the 
nail, having a bright or galvanized finish, a ring, fluted or spiral 
shank, an actual length of 0.500'' to 8'' inclusive; an actual shank 
diameter of 0.1015'' to 0.166'', inclusive; and an actual washer or cap 
diameter of 0.900'' to 1.10'', inclusive;
     non-collated (i.e., hand-drive or bulk), steel nails 
having a bright or galvanized finish, a smooth, barbed or ringed shank, 
an actual length of 0.500'' to 4'', inclusive; an actual shank diameter 
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.50'', inclusive;
     wire collated steel nails, in coils, having a galvanized 
finish, a smooth, barbed or ringed shank, an actual length of 0.500'' 
to 1.75'', inclusive; an actual shank diameter of 0.116'' to 0.166'', 
inclusive; and an actual head diameter of 0.3375'' to 0.500'', 
inclusive;
     non-collated (i.e., hand-drive or bulk), steel nails 
having a convex head (commonly known as an umbrella head), a smooth or 
spiral shank, a galvanized finish, an actual length of 1.75'' to 3'', 
inclusive; an actual shank diameter of 0.131'' to 0.152'', inclusive; 
and an actual head diameter of 0.450'' to 0.813'', inclusive;
     corrugated nails. A corrugated nail is made of a small 
strip of corrugated steel with sharp points on one side;
     thumb tacks, which are currently classified under HTSUS 
7317.00.10.00;
     fasteners suitable for use in powder-actuated hand tools, 
not threaded and threaded, which are currently classified under HTSUS 
7317.00.20 and 7317.00.30;
     certain steel nails that are equal to or less than 0.0720 
inches in shank diameter, round or rectangular in cross section, 
between 0.375 inches and 2.5 inches in length, and that are collated 
with adhesive or polyester film tape backed with a heat seal adhesive; 
and
     fasteners having a case hardness greater than or equal to 
50 HRC, a carbon content greater than or equal to 0.5 percent, a round 
head, a secondary reduced-diameter raised head section, a centered 
shank, and a smooth symmetrical point, suitable for use in gas-actuated 
hand tools.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.

Final Results of the Administrative Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Middle East Manufacturing Steel LLC.....................           27.28
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Assessment

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b), Commerce has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. For MEM, because its weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent), Commerce has calculated importer-specific antidumping duty 
assessment rates. We calculated importer- (or customer-) specific ad 
valorem antidumping duty assessment rates by dividing the total amount 
of dumping calculated for the importer's examined sales by the total 
entered value of the same sales for that importer, in accordance with 
19 CFR 351.212(b)(1). However, for the reasons described in our 
preliminary results, we intend to issue assessment instructions to CBP 
on a per-unit basis.\3\
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    \3\ See Preliminary Results PDM at 11; see also Memorandum, 
``Antidumping Duty Administrative Review of Certain Steel Nails from 
the United Arab Emirates: Preliminary Results Analysis Memorandum 
for Middle East Manufacturing Steel LLC,'' dated June 25, 2020 at 4-
5, unchanged in these final results.
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    For entries of subject merchandise during the POR produced by MEM 
for which it did not know 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 
involved in the transaction. We intend to issue assessment instructions 
to CBP 15 days after the date of publication of the final results of 
review.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of steel 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 of 
these final results: (1) The cash deposit rate for MEM will be 27.28 
percent, the weighted-average dumping margin established in the final 
results of this administrative review; (2) for merchandise exported by 
companies not covered in this review but covered in a prior segment of 
this 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 producer is, then 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 4.30 percent, the all-others 
rate established in the investigation, adjusted for the export-subsidy 
rate in the companion countervailing duty investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    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 POR. 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 Regarding Administrative Protective Orders

    This notice also serves as a 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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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 subject to sanction.

[[Page 60424]]

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: September 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-21195 Filed 9-24-20; 8:45 am]
BILLING CODE 3510-DS-P