[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78639-78640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27904]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: 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 Sultanate of Oman (Oman) were sold in the 
United States at less than normal value (NV) during the period of 
review (POR), July 1, 2020, through June 30, 2021.

DATES: Applicable December 22, 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 20, 2022, Commerce published the Preliminary Results of the 
2020-2021 administrative review of the antidumping duty order on steel 
nails from Oman.\1\ For a history of events that have occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Certain Steel Nails from the Sultanate of Oman: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2020-2021, 87 FR 43240 
(July 20, 2022) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from the Sultanate of 
Oman,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the antidumping duty order is certain 
steel nails. For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These issues are 
identified in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made no 
change to the margin applied to Oman Fasteners LLC (Oman Fasteners) in 
the Preliminary Results. We have assigned the same margin as the total 
adverse facts available (AFA) rate for these final results.\3\
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    \3\ Id. at Comment 3.
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Use of Adverse Facts Available

    We continue to find that the application of total AFA, pursuant to 
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act), is warranted in determining Oman Fasteners' dumping margin 
because it failed to timely submit information regarding its sales to 
the United States.\4\ Therefore, as in the Preliminary Results, as AFA, 
we assigned Oman Fasteners a dumping margin of 154.33 percent. See the 
Issues and Decision Memorandum for further discussion.\5\
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    \4\ Id. at Comments 1 and 2.
    \5\ Id. at Comment 3.
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    Commerce is not required to corroborate any dumping margin applied 
in a separate segment of the same proceeding.\6\ Because the 154.33 
percent rate was applied in a separate segment of this proceeding, 
Commerce does not need to corroborate the rate in this review.
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    \6\ See section 776(c)(2) of the Act.
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Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual companies not 
selected for examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
which we did not examine in an administrative review. When the rates 
for individually examined companies are all zero, de minimis, or based 
entirely on facts available, section 735(c)(5)(B) of the Act provides 
that Commerce may use ``any reasonable method'' to establish the all-
others rate. We based the dumping margin entirely on AFA for the sole 
mandatory respondent, Oman Fasteners. Therefore, we assigned the 
companies not selected for examination the all-others rate applied in 
prior segments of this proceeding (i.e., 9.10 percent),\7\ consistent 
with the guidance in section 735(c)(5)(B) of the Act.
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    \7\ This rate is derived in the final determination of the 
underlying investigation in this proceeding. See Certain Steel Nails 
from the Sultanate of Oman: Final Determination of Sales at Less 
Than Fair Value, 80 FR 28972 (May 20, 2015) (Steel Nails from Oman 
Final Determination).
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Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
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Oman Fasteners LLC..........................................  \8\ 154.33
Non-Selected Companies......................................        9.10
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\8\ Based on total AFA. For a full description of the methodology
  underlying our conclusions regarding the application of AFA, see the
  Issues and Decision Memorandum.

BILLING CODE 3510-DS-P

Disclosure

    Normally, Commerce will disclose the calculations performed in 
connection with the final results of review to parties to the 
proceeding in accordance with 19 CFR 351.224(b). However, as there were 
no margin calculations performed in the instant review, there are no 
calculations

[[Page 78640]]

to disclose for the final results of this review.

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
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).
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise that entered the United States 
during the POR that were produced by Oman Fasteners for which the 
respondent did not know that its merchandise was destined to the United 
States, Commerce will instruct CBP to liquidate unreviewed entries at 
the all-others rate of 9.10 percent,\9\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\10\
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    \9\ See Steel Nails from Oman Final Determination.
    \10\ 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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    Because we are applying total AFA to Oman Fasteners, we will 
instruct CBP to apply an assessment rate to all entries Oman Fasteners 
produced and/or exported equal to the dumping margin indicated above in 
the ``Final Results of Review.'' Further, 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 above in the ``Final Results of Review.''

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of steel nails from Oman entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) for the companies covered by this review, 
the cash deposit rate will be the rates listed above in the section 
``Final Results of Review''; (2) for merchandise exported by producers 
or exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published in a completed segment for the 
most recent period of review; (3) if the exporter is not a firm covered 
in this review, a prior review, or in the original investigation, but 
the producer is, the cash deposit rate will be the rate established for 
the most recently completed segment of this proceeding for the producer 
of the merchandise; and (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 investigation.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ See Investigation Final Determination.
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Notification to Importers

    This notice 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 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 duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: December 16, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether to Accept/Add the Rejected Response to the 
Record
    Comment 2: Whether to Apply Adverse Facts Available (AFA)
    Comment 3: Which Rate to Apply as AFA
V. Recommendation

[FR Doc. 2022-27904 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-DS-P