[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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\11\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
---------------------------------------------------------------------------
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
------------------------------------------------------------------------
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.212(b)(1).
\18\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\19\ For a full description of this practice, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\20\ See Order.
---------------------------------------------------------------------------
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