[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Notices]
[Pages 14309-14311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05304]


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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 and Final Determination of No 
Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
steel nails (steel nails) from the Sultanate of Oman (Oman) were not 
sold in the United States at less than normal value during the period 
of review (POR), July 1, 2018, through June 30, 2019.

DATES: Applicable March 15, 2021.

FOR FURTHER INFORMATION CONTACT: Dakota Potts, 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) 482-0223.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2020, Commerce published the Preliminary Results 
of the 2018-2019 antidumping duty (AD) administrative review of steel 
nails from

[[Page 14310]]

Oman.\1\ This administrative review covers four producers and/or 
exporters of the subject merchandise.\2\ Commerce selected Oman 
Fasteners LLC (Oman Fasteners) for individual examination. The 
producers/exporters not selected for individual examination are listed 
in the ``Final Results of the Review'' section of this notice. On 
January 8, 2021, Commerce extended the due date for issuing the final 
results of this review by 28 days, until February 25, 2021.\3\ For a 
complete description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\4\
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    \1\ See Certain Steel Nails from the Sultanate of Oman: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No-Shipments; 2018-2019, 85 FR 61720 
(September 30, 2020) (Preliminary Results), and accompanying 
Preliminary Decisions Memorandum.
    \2\ This review covers the following companies: Oman Fasteners 
LLC, Al Kiyumi Global LLC, Modern Factory for Metal Products, and 
WWL India Private Ltd.
    \3\ See Commerce's Letter, ``2018-2019 Administrative Review of 
the Antidumping Duty Order on Certain Steel Nails from the Sultanate 
of Oman: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated January 8, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from the Sultanate of 
Oman,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order

    The products covered by this order are steel nails from Oman. For a 
full description of the scope of the order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice as an Appendix. The Issues and 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html/. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Astrotech 
Steels Private Ltd. (Astrotech), Geekay Wires Limited (Geekay), and 
Trinity Steel Private Limited (Trinity) made no shipments of the 
subject merchandise during the POR. As we have not received any 
information to contradict our preliminary finding, we find that 
Astrotech, Geekay, and Trinity did not have any shipments of subject 
merchandise during the POR and we will issue appropriate instructions 
to U.S. Customs and Border Protection (CBP) based on these final 
results of this review.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made the following changes to the Preliminary 
Results:
     We recalculated the constructed value (CV) financial 
ratios for profit and indirect selling expenses (ISEs) by removing a 
financial statement from the preliminary calculation.\5\
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    \5\ See Issues and Decision Memorandum at Comment 2.
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     We recalculated certain companies' financial ratios which 
entailed a recalculation of the overall CV profit and ISE ratios.\6\
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    \6\ Id. at Comment 3.
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Final Results of the Review

    We have determined the following weighted-average dumping margin 
applies to the producers/exporters listed below for the period July 1, 
2018, through June 30, 2019:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these final results in 
the Federal Register, in accordance with section 751(a) of the Act and 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review.
    We intend to calculate importer- (or customer-) specific assessment 
rates on the basis of the ratio of the total amount of antidumping 
duties calculated for each importer's (or customer's) examined sales 
and the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1). Where an importer- (or customer-) specific rate is zero 
or de minimis within the meaning of 19 CFR 351.106(c)(1), we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Generally, when calculating margins for non-selected respondents, 
Commerce looks to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others margin in an 
investigation. Section 735(c)(5)(A) of the Act provides that when 
calculating the all-others margin, Commerce will exclude any zero and 
de minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly, 
Commerce's usual practice has been to average the margins for selected 
respondents, excluding margins that are zero, de minimis, or based 
entirely on facts available.
    In this review, we calculated a weighted-average dumping margin of 
0.00 percent for the only respondent in this review, i.e., Oman 
Fasteners. In accordance with section 735(c)(5)(A) of the Act, Commerce 
assigned Oman Fasteners' weighted-average margin, 0.00 percent, to the 
non-selected companies in these final results. The rate calculated for 
the non-selected companies is a weighted-average percentage margin 
which is calculated based on the U.S. value of Oman Fasteners, the only 
respondent reviewed, with an affirmative AD margin.\7\ Accordingly, we 
have applied a rate of 0.00 percent to the non-selected companies.
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    \7\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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    Further, because we find in these final results that Astrotech, 
Geekay, and Trinity had no shipments of subject merchandise during the 
POR, we will instruct CBP to liquidate any suspended entries that 
entered under its AD case number (i.e., at the exporter's rate) or at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.

[[Page 14311]]

    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, 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.\8\
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    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
under review and for future cash deposits of estimated duties, where 
applicable. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

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)(C) of the Act: (1) The cash deposit rate for respondents 
noted above will be the rate established in the final results of this 
administrative review, except if the rate is less than 0.50 percent 
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(I), 
in which case the cash deposit rate will be zero; (2) for merchandise 
exported by producers 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 less-than-fair-value (LTFV) investigation, but the producer 
is, 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 20.58 percent, the all-
others rate established in the LTFV investigation.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Steel Concrete Reinforcing Bar from Mexico: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, 79 FR 54967 (September 15, 
2014).
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Notification to Importers

    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 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 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.

Notice to Interested Parties

    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.

    Dated: February 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Erred in Rejecting Inmax Holding 
Company Ltd.'s Financial Statements
    Comment 2: Which Financial Statements are the Appropriate Source 
for the Calculation of Constructed Value (CV) Profit and Indirect 
Selling Expense (ISE) Ratios
    Comment 3: Whether Commerce Should Adjust the CV Profit and ISE 
Ratios Derived from the Financial Statements used for CV
    Comment 4: Whether Commerce Should Allow a Profit Cap
    Comment 5: Whether Commerce's Targeted Differential Pricing 
Methodology is Unlawful
VI. Recommendation

[FR Doc. 2021-05304 Filed 3-12-21; 8:45 am]
BILLING CODE 3510-DS-P