[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