[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52120-52122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16823]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2021-2022

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 17 exporters and producers from Oman. The period of review (POR) 
is July 1, 2021, through June 30, 2022. The sole mandatory respondent 
in this review is Oman Fasteners, LLC (Oman Fasteners). Commerce 
preliminarily determines that sales of subject merchandise have not 
been made below normal value (NV) by Oman Fasteners during the POR. In 
addition, we preliminarily find that Geekay Wires Ltd. (Geekay), 
Astrotech Steels Private Ltd. (Astrotech), Trinity Steel Pvt. Ltd. 
(Trinity), and Modern Factory for Metal Products, LLC (Modern) had no 
shipments during the POR. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 7, 2023.

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 1, 2022, Commerce published in the Federal Register a 
notice of opportunity \1\ to request an administrative review of the 
antidumping duty (AD) Order on steel nails from Oman.\2\ On September 
6, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published 
a notice of initiation of an administrative review of the Order.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1, 
2022).
    \2\ 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).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
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    On March 2, 2023, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2), 
Commerce extended the due date for the preliminary results by 118 days 
until July 28, 2023.\4\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 2, 
2023.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022: Certain Steel 
Nails from the Sultanate of Oman'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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    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 Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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.\6\
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    \6\ Id.
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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 Geekay, Astrotech, Trinity, and Modern had no 
shipments during the POR. CBP did not provide any information to 
contradict the claims of no shipments during the POR.\7\ Consistent 
with Commerce's practice, we will not rescind the review with respect 
to Geekay, Astrotech, Trinity, and Modern in these preliminary results, 
but rather will complete the review and issue appropriate liquidation 
instructions to CBP based on the final results.\8\ For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
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    \7\ See Memorandum, ``No Shipment Inquiry for Various Companies 
During the Period 07/01/2021 Through 06/30/2022,'' {sic{time}  dated 
July 20, 2023.
    \8\ See, e.g., Welded Line Pipe from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017, 84 FR 4046, 
4047 (February 14, 2019), unchanged in Welded Line Pipe from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2016-2017, 84 FR 
27762 (June 14, 2019).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual 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 a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' However, section 735(c)(5)(B) of the 
Act provides that if the estimated weighted average dumping margins for 
exporters and producers individually examined are all zero, de minimis, 
or based entirely on facts available, Commerce may use any reasonable 
method to establish the estimated all-others rate.

[[Page 52121]]

    In this review, we have calculated a weighted-average dumping 
margin for the sole respondent, Oman Fasteners of zero percent. 
Accordingly, we have assigned to the companies not individually 
examined a margin of 0.00 percent, the sole margin calculated in this 
proceeding.\9\
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    \9\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345, 1353 (Fed. Cir. 2016); see also Certain Hot Rolled Steel 
Flat Products from Japan: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2017-
2018, 85 FR 57821 (September 16, 2020).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. NV is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margin exists for the period 
July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Oman Fasteners, LLC.........................................        0.00
Al Ansari Teqmark, LLC......................................        0.00
Al Kiyumi Global LLC........................................        0.00
Al Sarah Building Materials LLC.............................        0.00
Buraimi Iron & Steel, LLC...................................        0.00
CL Synergy (Pvt) Ltd........................................        0.00
Diamond Foil Trading LLC....................................        0.00
Gulf Nails Manufacturing, LLC...............................        0.00
Gulf Steel Manufacturers, LLC...............................        0.00
Muscat Industrial Company, LLC..............................        0.00
Muscat Nails Factory Golden Asset Trade, LLC................        0.00
Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd.         0.00
 Sti........................................................
WWL Indian Private Ltd......................................        0.00
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify certain information reported by Oman Fasteners prior to issuing 
its final results.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\10\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs containing issues pertaining to Oman Fasteners to Commerce no 
later than seven days after the date on which the verification report 
is issued in this administrative 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.\11\ Interested 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.\12\ Executive 
summaries should be limited to five pages total, including footnotes. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\13\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension Effective Period, 85 FR 41363 (July 10, 
2020) (Temporary Rule).
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    Pursuant to 19 CFR 351.310(c), 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. 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 briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice. 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, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b). If a respondent's 
weighted-average dumping margin 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 assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    For entries of subject merchandise during the POR produced by an 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate (i.e., 9.10 
percent) if there is no rate for the intermediate company(ies) involved 
in the transaction.\14\
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    \14\ 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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    If we continue to find in the final results that Geekay, Astrotech, 
Trinity, and Modern had no shipments of subject merchandise during the 
POR, we will instruct CBP to liquidate any suspended entries that 
entered under their antidumping duty case numbers (i.e., at that 
exporter's rate) at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this administrative 
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 steel nails from Oman entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Oman Fasteners 
will be the rate established in the final results of this review 
(except, if the rate is zero or de minimis, no cash deposit will be 
required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate

[[Page 52122]]

published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair value 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters is 9.10 percent.\15\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \15\ See Order.
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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 review period. 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

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

    Dated: July 28, 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. Preliminary Determination of No Shipments
V. Companies not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-16823 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P