[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Page 17811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05173]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Notice of Court 
Decision Not in Harmony With the Final Results of the Antidumping Duty 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On January 5, 2024, the United States Court of International 
Trade (CIT) issued its final judgment in Oman Fasteners, LLC v. United 
States and Mid Continent Steel & Wire, Inc., Court No. 22-00348, Slip 
Op. 24-1 (CIT January 5, 2024) (Oman Fasteners Slip Op. 24-1), 
sustaining the U.S. Department of Commerce's (Commerce) final remand 
results pertaining to the antidumping duty administrative review on 
certain steel nails (steel nails) from the Sultanate of Oman (Oman), 
covering the period of review July 1, 2020, though June 30, 2021. 
Commerce is notifying the public that the CIT's final judgment is not 
in harmony with the final results of the administrative review, and 
that Commerce is amending its final results.

DATES: Applicable January 15, 2024.

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 December 22, 2022, Commerce published its final results in the 
2020-2021 antidumping duty administrative review of steel nails from 
Oman. Commerce applied a margin based on facts available with an 
adverse inference to sole mandatory respondent Oman Fasteners, LLC 
(Oman Fasteners), because Oman Fasteners filed an untimely 
questionnaire response, which Commerce rejected. Oman Fasteners 
appealed Commerce's Final Results. On February 15, 2023, the CIT 
remanded the Final Results to Commerce to permit Oman Fasteners to 
resubmit the rejected questionnaire response and to calculate a margin 
based on Oman Fasteners' record information. In its final remand 
redetermination, issued on July 17, 2023, Commerce calculated a margin 
of zero percent based on Oman Fasteners' information.\1\ On January 5, 
2024, the CIT sustained Commerce's Final Redetermination.\2\
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Oman Fasteners, LLC v. United States, Court No. 22-00348 
(CIT February 15, 2023), dated July 17, 2023 (Final 
Redetermination), available at https://access.trade.gov/resources/remands/23-17.pdf.
    \2\ See Oman Fasteners Slip Op. 24-1.
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Timken Notice

    In its decision in Timken,\3\ as clarified by Diamond Sawblades,\4\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's January 5, 2024, judgment constitutes a final decision of the CIT 
that is not in harmony with Commerce's Final Results. This notice is 
published in fulfillment of the publication requirements of Timken.
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    \3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \4\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Oman Fasteners' weighted-average 
dumping margin as follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                   Producer and exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Oman Fasteners, LLC........................................        0.00
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Cash Deposit Requirements

    Because Oman Fasteners has a superseding cash deposit rate, i.e., 
there have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). This notice will not affect the 
current cash deposit rate.

Liquidation of Suspended Entries

    The CIT's ruling was appealed on January 8, 2024.\5\ In the event 
the CIT's ruling is upheld by a final and conclusive court decision, 
where an import-specific ad valorem assessment rate is zero or de 
minimis,\6\ Commerce intends to instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \5\ See Oman Fasteners Slip Op. 24-1, appeal docketed, No. 2024-
1350 (Fed. Cir. January 8, 2024).
    \6\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e), and 777(i)(1) of the Act.

    Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-05173 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P