[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85878-85879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27131]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Final Results of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines Oman 
Fasteners, LLC (Oman Fasteners), the sole producer and exporter subject 
to this administrative review, made sales of certain steel nails (steel 
nails) from the Sultanate of Oman (Oman) in the United States at prices 
below normal value (NV) during the period of review (POR), July 1, 
2021, through June 30, 2022.

DATES: Applicable December 11, 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 August 7, 2023, Commerce published the Preliminary Results of 
this administrative review and we invited interested parties to 
comment.\1\ A summary of the events that occurred since Commerce 
published the Preliminary Results, as well as a full discussion of the 
issues raised by parties for these final results, are discussed in the 
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from the Sultanate of Oman: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022, 88 FR 52120 
(August 7, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 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).
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    The product covered by this Order is steel nails from Oman. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties regarding our 
Preliminary Results and our review of the record, we made changes to 
the preliminary weighted-average dumping margin calculations for Oman 
Fasteners, as detailed in the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

Rate for Non-Examined Companies

    The Tariff Act of 1930, as amended (the Act), 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, when calculating margins for non-
selected respondents, Commerce looks to section 735(c)(5) of the Act 
for guidance, 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 calculated a dumping margin of 0.00 
percent for the sole mandatory respondent, Oman Fasteners, LLC. 
Therefore, we assigned the companies not selected for examination a 
margin of 0.00 percent, the sole margin calculated in this 
proceeding.\5\
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

Final Results of Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter or producer                    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                      0.00
 Ticaret Ltd. Sti...................................

[[Page 85879]]

 
WWL Indian Private Ltd..............................                0.00
All Others..........................................                9.10
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    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 these final results of 
review.\6\ Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
the respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise it sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, 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.\7\ 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).
---------------------------------------------------------------------------

    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following 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 that 
is established in the ``Final Results of Review''; (2) for previously 
investigated or reviewed companies not subject to this review, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
company participated; (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 is, the cash deposit rate will be the 
rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers and exporters will continue to be 
9.10 percent ad valorem, the all-others rate established in the LTFV 
investigation.\8\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Order.
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    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 duties prior to liquidation 
of the relevant entries during the POR. 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: December 4, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: The Appropriate Source for Constructed Value (CV) 
Profit and Indirect Selling Expenses (ISE)
    Comment 2: Whether to Revise Mita's CV ISE Ratio
    Comment 3: Whether to Calculate a CV Profit Cap
    Comment 4: Whether to Apply Prior Period Costs to Certain U.S. 
Sales
    Comment 5: Whether Commerce's Targeted Dumping Methodology is 
Unlawful
    Comment 6: Whether to Deduct All Section 232 Duties
VI. Recommendation

[FR Doc. 2023-27131 Filed 12-8-23; 8:45 am]
BILLING CODE 3510-DS-P