[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61566-61568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22105]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Final Results 
of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain steel nails from the United Arab Emirates were sold in the 
United States at less than normal value during the period of review 
(POR) May 1, 2020, through April 30, 2021.

DATES: Applicable October 12, 2022.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Kelsie Hohenberger, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3860 or (202) 482-2517, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 7, 2022, Commerce published the Preliminary Results.\1\ We 
invited interested parties to comment.\2\ This review covers one 
respondent: Middle East Manufacturing Steel LLC/Master Nails and Pins 
Manufacturing, LLC (MEM/Master).\3\ No party commented on the 
Preliminary Results, and the final results remain unchanged from the 
Preliminary Results.
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    \1\ See Certain Steel Nails from the United Arab Emirates: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 34637 (June 7, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id., 87 FR at 34639.
    \3\ Commerce selected two mandatory respondents for individual 
examination in this review: Middle East Manufacturing Steel LLC and 
Master Nails and Pins Manufacturing, LLC. We find, however, that it 
is appropriate to treat the companies as a single entity. See 
Memoranda, ``Antidumping Duty Administrative Review of Certain Steel 
Nails from the United Arab Emirates: Middle East Manufacturing Steel 
LLC and Master Nails and Pins Manufacturing LLC--Preliminary 
Affiliation and Single Entity Treatment,'' dated May 31, 2022; and 
``Administrative Review of Antidumping Duty Order on Certain Steel 
Nails from the United Arab Emirates: Respondent Selection,'' dated 
August 13, 2021.
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    Commerce conducted this review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order \4\
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    \4\ See Certain Steel Nails from the United Arab Emirates: 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order).
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    The merchandise covered by the Order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails include, but 
are not limited to, nails made of round wire and nails that are cut. 
Certain steel nails may be of one piece construction or constructed of 
two or more pieces. Certain steel nails may be produced from any type 
of steel, and have a variety of finishes, heads, shanks, point types, 
shaft lengths and shaft diameters. Finishes include, but are not 
limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot-dipping one or more times), phosphate cement, and 
paint. Head styles include, but are not limited to, flat, projection, 
cupped, oval, brad, headless, double, countersunk, and sinker. Shank 
styles include, but are not limited to, smooth, barbed, screw threaded, 
ring shank and fluted shank styles. Screw-threaded nails subject to the 
Order are driven using direct force and not by turning the fastener 
using a tool that engages with the head. Point styles include, but are 
not limited to diamond, blunt, needle, chisel and no point. Certain 
steel nails may be sold in bulk, or they may be collated into strips or 
coils using materials such as plastic, paper, or wire.
    Certain steel nails subject to the Order are currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7317.00.55, 7317.00.65, and 7317.00.75.
    Excluded from the scope of the Order are steel nails specifically 
enumerated and identified in ASTM Standard F 1667 (2011 revision) as 
Type I, Style 20 nails, whether collated or in bulk, and whether or not 
galvanized. Also excluded from the scope of the Order are the following 
products:
     non-collated (i.e., hand-drive or bulk), two-piece steel 
nails having plastic or steel washers (``caps'') already assembled to 
the nail, having a bright or galvanized finish, a ring, fluted or 
spiral shank, an actual length of 0.500'' to 8'', inclusive; an actual 
shank diameter of 0.1015'' to 0.166'', inclusive; and an actual washer 
or cap diameter of 0.900'' to 1.10'', inclusive;
     non-collated (i.e., hand-drive or bulk), steel nails 
having a bright or galvanized finish, a smooth, barbed or ringed shank, 
an actual length of 0.500'' to 4'', inclusive; an actual shank diameter 
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive;
     wire collated steel nails, in coils, having a galvanized 
finish, a smooth, barbed or ringed shank, an actual length of 0.500'' 
to 1.75'', inclusive; an actual shank diameter of 0.116'' to 0.166'', 
inclusive; and an actual head diameter of 0.3375'' to 0.500'', 
inclusive;
     non-collated (i.e., hand-drive or bulk), steel nails 
having a convex head (commonly known as an umbrella head), a smooth or 
spiral shank, a galvanized finish, an actual length of 1.75'' to 3'', 
inclusive; an actual shank diameter of 0.131'' to 0.152'', inclusive; 
and an actual head diameter of 0.450'' to 0.813'', inclusive;
     corrugated nails. A corrugated nail is made of a small 
strip of corrugated steel with sharp points on one side;
     thumb tacks, which are currently classified under HTSUS 
7317.00.10.00;
     fasteners suitable for use in powder-actuated hand tools, 
not threaded and threaded, which are currently classified under HTSUS 
7317.00.20 and 7317.00.30;
     certain steel nails that are equal to or less than 0.0720 
inches in shank diameter, round or rectangular in cross section, 
between 0.375 inches and 2.5 inches in length, and that are collated 
with adhesive or polyester film tape backed with a heat seal adhesive; 
and
     fasteners having a case hardness greater than or equal to 
50 HRC, a carbon content greater than or equal to

[[Page 61567]]

0.5 percent, a round head, a secondary reduced-diameter raised head 
section, a centered shank, and a smooth symmetrical point, suitable for 
use in gas-actuated hand tools.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the Order is 
dispositive.

Final Results of the Review

    We determine that the following weighted-average dumping margin 
exists for the respondent for the POR, May 1, 2020, through April 30, 
2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
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Middle East Manufacturing Steel LLC/Master Nails and                3.65
 Pins Manufacturing, LLC................................
Review-Specific Average Rate Applicable to the Following
 Companies:
    Al Falaq Building Materials.........................            3.65
    Al Khashab Building Materials Co., LLC..............            3.65
    Al Rafaa Star Building Materials Est................            3.65
    Al Sabbah Trading and Importing, Est................            3.65
    All Ferro Building Materials, LLC...................            3.65
    Asgarali Yousuf Trading Co., LLC....................            3.65
    Azymuth Consulting, LLC.............................            3.65
    Burj Al Tasmeem, Tr.................................            3.65
    Gheewala Hardware Trading Company, LLC..............            3.65
    New World International, LLC........................            3.65
    Okzeela Star Building Materials Trading, LLC........            3.65
    Rich Well Steel Industries LLC......................            3.65
    Rishi International, FZCO...........................            3.65
    Samrat Wire Industry, LLC...........................            3.65
    Sea Lan Contracting.................................            3.65
    SK Metal International DMCC.........................            3.65
    Trade Circle Enterprises, LLC.......................            3.65
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Disclosure

    As noted above, no party commented on Commerce's Preliminary 
Results. As a result, we have not modified our analysis from the 
Preliminary Results, and we will not issue a decision memorandum to 
accompany this Federal Register notice. We are adopting the Preliminary 
Results as the final results of this review. Further, because we have 
not changed our calculations since the Preliminary Results, there are 
no new calculations to disclose in accordance with 19 CFR 351.224(b) 
for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. For MEM/Master, we will calculate importer-specific ad 
valorem assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
those same sales in accordance with 19 CFR 351.212(b)(1).
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by MEM/Master for which 
MEM/Master did not know that the merchandise was destined for the 
United States, 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.\5\
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    \5\ 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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    For the companies which were not selected for individual 
examination, we intend to assign an assessment rate based on the rate 
calculated for MEM/Master, as noted above.
    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 for estimated antidumping 
duties will be effective for all shipments of subject merchandise 
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 MEM/Master will be equal to its weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a producer or exporter not covered in this 
review but covered in a prior completed 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 has been covered in a prior completed segment of this 
proceeding, the cash deposit rate will be the company-specific rate 
established for the most recent period for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 4.30 percent,\6\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \6\ See Order.
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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)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing

[[Page 61568]]

duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
section 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: October 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-22105 Filed 10-11-22; 8:45 am]
BILLING CODE 3510-DS-P