[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36536-36538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11842]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Preliminary 
Results of Antidumping Duty Administrative Review, and Partial 
Rescission; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. 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 United Arab Emirates (UAE). The period of 
review (POR) is May 1, 2021, through April 30, 2022. Commerce 
preliminarily finds that sales of steel nails from the UAE were made at 
less than normal value (NV). We invite interested parties to comment on 
these preliminary results.

DATES: Applicable June 5, 2023.

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

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2022, Commerce initiated an administrative review of 
the antidumping duty order on steel nails from the UAE,\1\ in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act),\2\ with respect to

[[Page 36537]]

18 producers/exporters of the subject merchandise.\3\ Commerce selected 
two mandatory respondents for individual examination: Master Nails and 
Pins Manufacturing, LLC (Master Nails)/Middle East Manufacturing Steel 
LLC (MEM) (collectively, Master) and Rich Well Steel Industries LLC 
(Rich Well).\4\ On January 12, 2023, Commerce extended the deadline for 
the preliminary results of this administrative review until May 31, 
2023.\5\ For details regarding the events that occurred subsequent to 
the initiation of the review, see the Preliminary Decision 
Memorandum.\6\
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation 
Notice); see also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022) (correcting 
certain names contained in the Initiation Notice).
    \3\ Commerce previously determined that Master Nails and MEM 
comprise a single entity. See Certain Steel Nails from the United 
Arab Emirates: Final Results of Antidumping Duty Administrative 
Review; 2020-2021, 87 FR 61566 (October 12, 2022).
    \4\ See Memorandum ``Respondent Selection,'' dated August 2, 
2022.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
January 12, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order: 
Certain Steel Nails from the United Arab Emirates; 2021-2022,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are steel nails from the UAE. For 
a full description of the scope, see the Preliminary Decision 
Memorandum.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from the petitioner relating to 16 
companies.\7\ Because the withdrawal request was timely filed, and no 
other party requested a review of these companies, in accordance with 
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect 
to the following companies: (1) Al Falaq Building Materials; (2) Al 
Khashab Building Materials Co., LLC; (3) Al Rafaa Star Building 
Materials Est.; (4) Al Sabbah Trading and Importing, Est.; (5) All 
Ferro Building Materials, LLC; (6) Asgar Ali Yousif Trading Co., LLC; 
(7) Azymuth Consulting, LLC; (8) Burj Al Tasmeem, Tr.; (9) Dubai Wire 
FZE; (10) Gheewala Hardware Trading Company, LLC; (11) New World 
International, LLC; (12) Okzeela Star Building Materials Trading, LLC; 
(13) Samrat Wire Industry, LLC; (14) SK Metal International DMCC; (15) 
Steel Racks Factory, LLC; and (16) Trade Circle Enterprises, LLC.\8\
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    \7\ The petitioner is Mid Continent Steel & Wire, Inc.
    \8\ See Petitioner's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated October 12, 2022.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. We calculated export price in accordance with 
section 772 of the Act. We calculated NV in accordance with section 773 
of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period May 1, 2021, through April 30, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Master Nails and Pins Manufacturing, LLC/Middle East                4.30
 Manufacturing Steel, LLC...................................
Rich Well Steel Industries LLC..............................        2.28
------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\9\ Pursuant to 19 CFR 351.212(b)(1) if the weighted-average 
dumping margin for Master or Rich Well is not zero or de minimis (i.e., 
less than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem antidumping duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales. If either respondent's weighted-average dumping margin is zero 
or de minimis, we intend to instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. 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.\10\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Master or 
Rich Well where the respondent 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.\11\
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    \11\ 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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    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 will be effective for all 
shipments of the 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 the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this administrative review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for merchandise exported by a company 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 it was reviewed; (3) if the exporter is not a firm 
covered

[[Page 36538]]

by this review, a prior review, or the original less-than-fair-value 
(LTFV) 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; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
4.30 percent,\12\ 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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    \12\ See Order, 77 FR at 27422.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the publication of 
this notice.\13\ Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than seven days after the date on which the 
last verification report is issued in this review. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the date for filing case briefs.\14\ Parties who 
submit case briefs 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\ Case and 
rebuttal briefs should be filed using ACCESS \16\ and must be served on 
interested parties.\17\ Executive summaries should be limited to five 
pages total, including footnotes. Note that Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\18\
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ See Temporary Rule.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS.\19\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. A hearing request must be filed electronically using ACCESS 
and received in its entirety by 5:00 p.m. Eastern Time within 30 days 
after publication of this notice.
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    \19\ See 19 CFR 351.310(c).
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also 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 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-11842 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P