[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Notices]
[Pages 61720-61722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21582]


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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 Preliminary 
Determination of No-Shipments; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain steel nails (steel nails) from the Sultanate of Oman 
(Oman) are not being sold in the United States at less than normal 
value during the period of review (POR) of July 1, 2018 through June 
30, 2019. Additionally, we preliminarily find that certain companies 
made no shipments during the POR.

DATES: Applicable September 30, 2020.

FOR FURTHER INFORMATION CONTACT: Dakota Potts at (202) 482-0223 or 
Stephen Bailey at (202) 482-0193, AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 
    On July 13, 2015, Commerce published the antidumping duty (AD) 
Order on nails from Oman.\1\ On July 1, 2019, Commerce notified 
interested parties of the opportunity to request an administrative 
review of orders with anniversaries in July 2019.\2\ On July 31, 2019, 
Oman Fasteners LLC (Oman Fasteners) and Mid Continent Steel & Wire, 
Inc. (the petitioner) each requested that Commerce conduct an 
administrative review with respect to seven companies.\3\ On September 
9, 2019, Commerce initiated the AD administrative review of steel nails 
from Oman for the POR.\4\ On October 4, 2019, Commerce selected Oman 
Fasteners as the sole mandatory respondent in this review and issued 
the intial AD questionnaire.\5\ Between November 1, 2019 and June 12, 
2020, Oman Fasteners timely responded to Commerce's requests for 
information.
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    \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, 84 FR 31295 (July 1, 2019).
    \3\ See Petitioner's Letter, ``Certain Steel Nails from Oman: 
Request for Administrative Reviews,'' dated July 31, 2019; see also 
Oman Fasteners' Letter, ``Certain Steel Nails from Oman; Fourth 
Review; Oman Fasteners' Request for Review,'' dated July 31, 2019.
    \4\ The following exporters and/or producers of steel nails from 
Oman are subject to this review: (1) Al Kiyumi Global LLC (Al 
Kiyumi); (2) Astrotech Steels Private Ltd. (Astrotech); (3) Geekay 
Wires Limited (Geekay); (4) Modern Factory For Metal Products 
(Modern Factory); (5) Oman Fasteners; (6) Trinity Steel Private 
Limited (Trinity); and (7) WWL India Private Ltd (WWL India). See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 84 FR 47242 (September 9, 2019) (Initiation Notice).
    \5\ See Commerce's Letter dated October 4, 2019.
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    On March 18, 2020, Commerce extended the deadline for the 
preliminary results of this review by 65 days.\6\ On April 24, 2020, 
Commerce tolled all deadlines in administrative reviews by 50 days,\7\ 
and again on July 21, 2020, by an additional 60 days,\8\ thereby 
extending the deadline for these results until September 23, 2020.
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    \6\ See Memorandum, ``Certain Steel Nails from the Sultanate of 
Oman: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated March 18, 2020.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
    \8\ 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 is steel nails having a 
nominal shaft length not exceeding 12 inches.\9\ 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.\10\
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    \9\ 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.
    \10\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2018-2019 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).
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    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.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are 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.\11\ A list of 
topics included in the Preliminary

[[Page 61721]]

Decision Memorandum is included as an Appendix to this notice.
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    \11\ See Preliminary Decision Memorandum.
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Preliminary Determination of No Shipments

    On October 1, 3, and 4, Astrotech, Geekay, and Trinity, 
respectively, submitted letters certifying that each company had no 
exports or sales of subject merchandise into the United States during 
the POR.\12\ U.S. Customs and Border Protection (CBP) did not have any 
information to contradict these claims of no shipments during the POR. 
Therefore, we preliminarily determine that Astrotech, Geekay, and 
Trinity did not have any reviewable transactions during the POR. 
Consistent with Commerce's practice, we will not rescind the review 
with respect to Astrotech, Geekay, and Trinity, but rather will 
complete the review and issue instructions to CBP based on the final 
results.\13\
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    \12\ See Astrotech's Letter, ``Certain Steel Nails from Oman 
Request for No Shipment During the Period of Review (POR),'' dated 
October 1, 2019; Geekay's Letter, ``Certain Steel Nails--Oman 
Request for No Shipment during the Period of Review (POR),'' dated 
October 3, 2019; and Trinity's Letter, ``Certain Steel Nails--Oman 
Notice of No Sales During the Period of Review (POR),'' dated 
October 4, 2019.
    \13\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have calculated a weighted-average dumping 
margin for the sole respondent, Oman Fasteners of zero percent. 
Accordingly, we have assigned to the companies not individually 
examined a margin of 0.00 percent, the sole margin calculated in this 
proceeding.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2018 
through June 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
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Oman Fasteners LLC..........................................        0.00
Al Kiyumi Global LLC........................................        0.00
Modern Factory For Metal Products...........................        0.00
WWL India Private Ltd.......................................        0.00
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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 seven days after the 
time limit for filing case briefs.\14\
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    \14\ See 19 CFR 351.309(d)(1).
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    Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\15\ 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.\16\ Executive summaries 
should be limited to five pages total, including footnotes.\17\ Case 
and rebuttal briefs should be filed using ACCESS.\18\
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    \15\ See 19 CFR 351.303 (for general filing requirements); see 
also 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).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ Id.
    \18\ See 19 CFR 351.303.
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    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 request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined. 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.\19\
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    \19\ See section 751(a)(3)(A) of the Act.
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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 sales, in 
accordance with 19 CFR 351.212(b)(1).\20\ 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.\21\ 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

[[Page 61722]]

liquidate the appropriate entries without regard to antidumping duties.
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    \20\ 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).
    \21\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section.
    Commerce intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of this notice. 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, as it is for Oman 
Fasteners LLC in these preliminary results. In that case, 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, then 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.\22\
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    \22\ See Certain Steel Nails from the Republic of Oman: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 
2015).
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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 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: September 23, 2020.
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. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2020-21582 Filed 9-29-20; 8:45 am]
BILLING CODE 3510-DS-P