[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29244-29246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11464]


-----------------------------------------------------------------------

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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of certain steel nails (steel nails) from the Sultanate of 
Oman (Oman) have been made below normal value during the period of 
review (POR), July 1, 2019, through June 30, 2020. Further, Commerce is 
rescinding the administrative review, in part, with respect to 
Astrotech Steels Private Ltd. (Astrotech), Geekay Wires Limited 
(Geekay), Overseas International Steel Industry LLC & Overseas 
Distribution Services Inc. (Overseas), Trinity Steel Private Limited 
(Trinity Steel), Universal Freight Services LLC (Universal Freight 
Services), and WWL India Private Ltd (WWL India). Interested parties 
are invited to comment on this preliminary determination.

DATES: Applicable June 1, 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

    Commerce is conducting an administrative review of the antidumping 
duty order on steel nails

[[Page 29245]]

from Oman.\1\ On July 1, 2020, Commerce published in the Federal 
Register a notice of opportunity to request an administrative review of 
the Order.\2\ The notice of initiation published on September 3, 
2020.\3\ On October 2, 2020, Commerce selected Oman Fasteners LLC (Oman 
Fasteners) as the sole mandatory respondent.\4\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------

    \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, 85 FR 39531 (July 1, 2020).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation 
Notice).
    \4\ See Commerce's Letter, dated October 2, 2020.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review of Certain Steel 
Nails from the Sultanate of Oman; 2019-2020,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are nails from Oman. For a 
complete description of the scope, see the Preliminary Decision 
Memorandum.\6\
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of initiation of the requested review. On September 21, 
2020, Mid Continent Steel & Wire (the petitioner) withdrew its requests 
for an administrative review of Astrotech, Geekay, Overseas, Trinity 
Steel, Universal Freight Services, and WWL India. No other party 
requested a review of these companies. Accordingly, we are rescinding 
this review with respect to these companies, pursuant to 19 CFR 
351.213(d)(1). The review will continue with respect to Oman Fasteners.

Methodology

    Commerce is conducting this administrative review in accordance 
with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930 (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 discussion of the methodology underlying our 
conclusions, see the 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as in appendix II to 
this notice.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period July 1, 2019, through June 30, 
2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Oman Fasteners LLC.........................................        1.76
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\7\ The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\8\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.212(b).
    \8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce intends to issues 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 summons is timely 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).
    Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent), we calculated an importer-specific ad valorem duty 
assessment rate based on the ratio of the total amount of dumping 
calculated for the U.S. sales for a given importer to the total entered 
value of those sales. Where the mandatory respondent did not report 
entered value, we calculated the entered value in order to calculate 
the assessment rate. Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), 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.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Oman Fasteners 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 such unreviewed entries pursuant to the 
reseller policy,\9\ i.e., the assessment rate for such entries will be 
equal to the all-others rate established in the investigation (i.e. 
9.10 percent),\10\ if there is no rate for the intermediate 
company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
    \10\ See Certain Steel Nails from the Republic of Oman: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 
2015).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of steel nails from Oman entered, or withdrawn from 
warehouse, for consumption on or after the publication date 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 exporters 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not participating in this review, 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 
company was reviewed; (3) if the exporter is not a firm covered in this 
review, a prior review, or the less-than-fair value (LTFV) 
investigation, but the manufacturer is, then the cash deposit rate will 
be the rate established for the most recently completed segment of this 
proceeding for the manufacturer of subject merchandise; and (4) the 
cash deposit

[[Page 29246]]

rate for all other manufacturers or exporters will continue to be 9.10 
percent, the all-others rate made effective by the LTFV 
investigation.\11\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\12\ 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.\13\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\ Case and 
rebuttal briefs should be filed using ACCESS and must be served on 
interested parties.\15\ Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\16\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Acting Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Hearing requests should contain: (1) The party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined.\17\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\18\ Commerce intends 
to issue the final results of this administrative review, including the 
results of its analysis of issues raised in all written briefs, not 
later than 120 days after the publication of these preliminary results 
in the Federal Register pursuant to section 751(a)(3)(A) of the Act and 
19 CFR 351.213(h)(1), unless otherwise extended.\19\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
    \19\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary 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 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

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the AD Order
IV. Rescission of Requested Companies
V. Discussion of the methodology
VI. Recommendation

[FR Doc. 2021-11464 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P