[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43240-43242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15487]


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DEPARTMENT OF COMMERCE

International Trade Admintration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain steel 
nails (steel nails) from the Sultanate of Oman (Oman). This review 
covers 15 exporters and producers from Oman. We have preliminarily 
assigned the sole mandatory respondent, Oman Fasteners LLC (Oman 
Fasteners), an antidumping duty margin based on the application of 
adverse facts available for the period of review (POR) July 1, 2020, 
through June 30, 2021. In addition, we preliminarily find that 
Astrotech Steels Private Ltd. (Astrotech); Geekay Wires Ltd. (Geekay); 
and Trinity Steel Pvt. Ltd. (Trinity) had no shipments during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable July 20, 2022.

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 July 13, 2015, Commerce published the antidumping duty order on 
steel nails from Oman.\1\ On July 1, 2021, we published a notice of 
opportunity to request an administrative review of the Order.\2\ On 
September 7, 2021, based on timely requests for an administrative 
review, Commerce published a notice of initiation of the administrative 
review.\3\ Commerce initiated this administrative review covering the 
following 15 companies: Airlift Trans Oceanic Pvt. Ltd.; Al Kiyumi 
Global LLC; Al Sarah Building Materials LLC; Astrotech; CL Synergy 
(Pvt) Ltd.; Geekay; Gulf Steel Manufacturers LLC; Modern Factory For 
Metal Products; Oman Fasteners LLC; Omega Global Uluslararasi 
Tasimacilik Lojistik Ticaret Ltd Sti.; Overseas International Steel 
Industry, LLC; Swift Freight India Private Ltd.; Trinity; Universal 
Freight Services LLC; and WWL Indian Private Ltd.\4\ Commerce selected 
Oman Fasteners as the sole mandatory respondent for individual 
examination in this review.\5\
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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, 86 FR 35065 (July 1, 2021) (Opportunity Notice).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
    \4\ Id.
    \5\ See Memorandum, ``Antidumping Duty Administrative Review of 
Steel Nails from the Sultanate of Oman: Selection of Respondent for 
Individual Review,'' dated October 13, 2021.
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    On March 30, 2022, Commerce extended the time limit for completing 
the preliminary results of this review, until June 1, 2022.\6\ On May 
25, 2022, Commerce extended the time limit for completing the 
preliminary results by an additional 30 days, until July 1, 2022.\7\
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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 30, 2022.
    \7\ See Memorandum, ``Certain Steel Nails from the Sultanate of 
Oman: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated May 25, 2022.
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    For a complete description of the events since the initiation of 
this review, see the Preliminary Decision Memorandum.\8\ A list of the 
topics included in the Preliminary Decision Memorandum is included as 
the appendix to this notice. 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

[[Page 43241]]

Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Steel Nails from the Sultanate of Oman; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the scope of this Order is steel nails 
from Oman. A complete description of the scope of the Order is 
contained in the Preliminary Decision Memorandum.\9\
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    \9\ Id.
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Preliminary Determination of No Shipments

    Based upon the no-shipment certifications received by Commerce, and 
our review of the U.S. Customs and Border Protection (CBP) data, we 
preliminary find that Astrotech, Geekay, and Trinity had no shipments 
during the POR. CBP did not have any information to contradict the 
claims of no shipments during the POR. Consistent with Commerce's 
practice, we will not rescind the review with respect to Astrotech, 
Geekay, and Trinity in these preliminary results, but rather will 
complete the review and issue appropriate liquidation instructions to 
CBP based on the final results.\10\ For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
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    \10\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2018-2019, 85 
FR 74673 (November 23, 2020), unchanged in Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR 
14311 (March 15, 2021).
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Application of Facts Available with Adverse Inferences

    Pursuant to section 776(a)-(b) of the Tariff Act of 1930, as 
amended (the Act), Commerce is preliminarily relying upon total adverse 
facts available (AFA) to determine a weighted-average dumping margin 
for Oman Fasteners in this review. Commerce preliminary finds that 
necessary information is not available on the record, and that Oman 
Fasteners failed to provide the requested information by the deadlines 
established by Commerce and significantly impeded the proceeding, 
warranting a determination on the basis of facts available under 
section 776(a) of the Act. Further, Commerce preliminarily determines 
that Oman Fasteners failed to cooperate to the best of its ability in 
complying with Commerce's request for information, thus warranting use 
of an adverse inference in selecting from among the facts otherwise 
available, in accordance with section 776(b) of the Act. For a full 
description of the methodology underlying our conclusions regarding the 
application of AFA, see the Preliminary Decision Memorandum.

Rate for Non-Selected Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albermarle, \11\ we are applying a rate based on 
the all-others rate applied in prior segments of this proceeding (i.e., 
9.10 percent) to the eleven companies not selected for individual 
examination. In this review, we find this rate is reasonably reflective 
of the non-selected companies' potential dumping margins, and thus, it 
is appropriate to apply this rate to the non-selected companies, under 
section 735(c)(5)(B) of the Act. For a detailed discussion, see the 
Preliminary Decision Memorandum.
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    \11\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
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Preliminary Results of Review

    Commerce preliminary determines that the following estimated 
weighted-average dumping margins exist for the period July 1, 2020, 
through June 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Oman Fasteners LLC..........................................        \12\
                                                                  154.33
Non-Selected Companies \13\.................................        9.10
------------------------------------------------------------------------

     
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    \12\ Based on total AFA. For a full description of the 
methodology underlying our conclusions regarding the application of 
AFA, see the Preliminary Decision Memorandum.
    \13\ The eleven non-selected companies are: Airlift Trans 
Oceanic Pvt. Ltd.; Al Kiyumi Global LLC; Al Sarah Building Materials 
LLC; CL Synergy (Pvt) Ltd.; Gulf Steel Manufacturers LLC; Modern 
Factory For Metal Products; Omega Global Uluslararasi Tasimacilik 
Lojistik Ticaret Ltd Sti.; Overseas International Steel Industry, 
LLC; Swift Freight India Private Ltd.; Universal Freight Services 
LLC; and WWL Indian Private Ltd.
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Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with preliminary results within five days after 
the date of public announcement or publication of this notice. However, 
because Commerce preliminarily applied a rate based entirely on AFA to 
the sole mandatory respondent under review in accordance with section 
776 of the Act, there are no calculations to disclose.
    Pursuant to 19 CFR 351.309(c), 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 date for filing case 
briefs.\14\ Parties that submit case 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.\15\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\16\
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    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically via ACCESS within 30 days of the date of publication of 
this notice. Requests should contain: (1) the party's name, address, 
and telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of the issues to be 
discussed. If a request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined. Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date. An electronically-filed hearing request must 
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time on the established deadline.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in the 
case briefs, no later than 120 days after the date of publication of 
this notice, pursuant to section 751(a)(3)(A) of the Act, unless 
otherwise extended.

Assessment Rates

    Upon issuance of the final results of this administrative review, 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries covered by this review.\17\ 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.\18\
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ See section 751(a)(2)(C) of the Act.

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[[Page 43242]]

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Oman 
Fasteners for which the company did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\19\
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    \19\ For a full description of this practice, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    Should we continue to apply facts available with an adverse 
inference to Oman Fasteners in the final results, we will instruct CBP 
to apply an assessment rate equal to the dumping margin of 154.33 
percent, as indicated above, to all entries produced and/or exported by 
Oman Fasteners. The assessment rate for antidumping duties for each of 
the companies not selected for individual examination will be equal to 
the weighted-average dumping margin identified in the final results of 
review. We intend to issue instructions to CBP no earlier than 35 days 
after the publication date 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 in the Federal Register of the notice of final results of 
this administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the companies listed in the final results 
of this review will be equal to the weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by producers 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 
they were reviewed; (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 merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 9.10 percent, the all-others rate 
established in the less-than-fair-value investigation.\20\ The cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \20\ See Order.
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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 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 double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: July 1, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Application of Facts Available and Use of Adverse Inferences
VI. Rate for Non-Selected Companies
VII. Recommendation

[FR Doc. 2022-15487 Filed 7-19-22; 8:45 am]
BILLING CODE 3510-DS-P