[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60761-60762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21365]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Preliminary 
Results of the First Five-Year Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: On June 1, 2020, the Department of Commerce (Commerce) 
initiated the first sunset review of the antidumping duty (AD) order on 
certain steel nails (steel nails) from the Sultanate of Oman (Oman). 
Commerce determined that it was appropriate to conduct a full review. 
Commerce preliminarily finds that revocation of this AD order would be 
likely to lead to continuation or recurrence of dumping at the levels 
indicated in the ``Preliminary Results of Review'' section of this 
notice.

DATES: Applicable September 28, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2020, Commerce initiated the first sunset review of the 
AD order on steel nails from Oman pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\1\ On June 9, 2020, Commerce 
received a notice of intent to participate from Mid Continent Steel & 
Wire, Inc. (Mid Continent) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\2\ On July 1, 2020, Commerce received substantive

[[Page 60762]]

responses from Mid Continent \3\ and Oman Fasteners LLC (Oman 
Fasteners) \4\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). On July 31, 2020, Commerce notified the U.S. 
International Trade Commission (ITC) that it received an adequate 
substantive response from the respondent interested party.\5\
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 33088 
(June 1, 2020).
    \2\ See Mid Continent's Letter, ``Certain Steel Nails from the 
Republic of Korea, the Sultanate of Oman, Malaysia, the Republic of 
China (``Taiwan''), and the Socialist Republic of Vietnam: Notice of 
Intent to Participate in Reviews,'' dated June 9, 2020.
    \3\ See Mid Continent's Letter, ``Certain Steel Nails from Oman: 
Request for Extension of Time to Submit Rebuttal Comments on Oman 
Fasteners LLC's Substantive Response to Notice of Initiation,'' 
dated July 6, 2020.
    \4\ See Oman Fastener's Letter, ``Certain Steel Nails from Oman; 
1st Sunset Review Substantive Response to Notice of Initiation,'' 
dated July 1, 2020.
    \5\ See Commerce's Letter, ``Full Sunset Review of A-523-808, 
Steel Nails from Oman Order,'' dated July 31, 2020.
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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.\6\ 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.\7\
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    \6\ 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.
    \7\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for Preliminary Results of the 
First Sunset Review of Certain Steel Nails from the Sultanate of 
Oman,'' dated concurrently with, and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Analysis of Comments Received

    All issues raised for the preliminary results of this full sunset 
review are addressed in the Preliminary Decision Memorandum.\8\ The 
issues discussed in the Preliminary Decision Memorandum are the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins of dumping likely to prevail if this AD order were 
revoked.\9\ 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. 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.
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    \8\ Id.
    \9\ Id.
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Preliminary Results of Review

    Pursuant to sections 752(c) of the Act, we determine that 
revocation of the AD order on steel nails from Oman would be likely to 
lead to continuation or recurrence of dumping at weighted average 
margins up to 9.10 percent.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of this full 
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal 
briefs, which must be limited to issues raised in the case briefs, may 
be filed no later than seven days after the time limit for filing case 
briefs in accordance with 19 CFR 351.309(d). Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\10\ 
Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined. Commerce will issue a notice of final 
results of this full sunset review, which will include the results of 
its analysis of issues raised in any such comments, no later than 
January 27, 2021.
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) 
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
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    This five-year sunset review and notice are in accordance with 
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218(f)(1).

    Dated: September 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    A. Legal Framework
    i. Likelihood of Continuation of Recurrence of Dumping
    ii. Magnitude of the Margin Likely to Prevail
VI. Recommendation

[FR Doc. 2020-21365 Filed 9-25-20; 8:45 am]
BILLING CODE 3510-DS-P