[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65593-65596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17912]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Preliminary 
Results and Rescission, in Part, of Antidumping Duty Administrative 
Review; 2022-2023

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


[[Page 65594]]


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 18 exporters and producers from Oman. The period of review (POR) 
is July 1, 2022, through June 30, 2023. 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. We 
are rescinding this review, in part, with respect to one company for 
which all requests for review were withdrawn. We are also rescinding 
this review, in part, with respect to 16 companies which had no 
suspended entries. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 12, 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 July 3, 2023, 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 
11, 2023, 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, 88 FR 42693 (July 3, 
2023).
    \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, 88 FR 62322 (September 11, 2023) (Initiation 
Notice).
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    On March 8, 2024, 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 120 days 
until July 30, 2024.\4\ For a complete description of the events that 
followed the initiation of this review, See the Preliminary Decision 
Memorandum.\5\ On July 22, 2024, Commerce tolled certain deadlines in 
this administrative proceeding by seven days.\6\ The deadline for the 
preliminary results is now August 6, 2024.
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 8, 
2024.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Steel Nails from the Sultanate of Oman; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    A list of the topics included in the Preliminary Decision 
Memorandum is included as Appendix I 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.\7\
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    \7\ Id.
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Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. Because all requests 
for administrative review of Gulf Nails LLC (Gulf Nails) were withdrawn 
by interested parties within 90 days of the date of the publication of 
the Initiation Notice, Commerce is rescinding this review with respect 
to Gulf Nails, in accordance with 19 CFR 351.213(d)(1).
    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order when 
there are no reviewable entries of subject merchandise during the POR 
for which liquidation is suspended.\8\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate calculated for the review period.\9\ 
Therefore, for an administrative review to be conducted, there must be 
at least one reviewable, suspended entry that Commerce can instruct 
U.S. Customs and Border Protection (CBP) to liquidate at the 
antidumping duty assessment rate calculated for the review period.\10\ 
There were no entries of subject merchandise during the POR for 16 
companies subject to this review.\11\ As a result, on January 16, 2024, 
Commerce notified all interested parties of its intent to rescind this 
review, in part, with respect to these 16 companies.\12\ The petitioner 
\13\ commented on our Intent to Rescind, and we responded to the 
petitioner's comments in the accompanying Preliminary Decision 
Memorandum.\14\ The administrative review remains active with respect 
to one company, Oman Fasteners.
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    \8\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to-Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \9\ See 19 CFR 351.212(b)(1).
    \10\ See 19 CFR 351.213(d)(3).
    \11\ See Appendix II for a list of these companies.
    \12\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated January 16, 2024 (Intent to Rescind).
    \13\ The petitioner is Mid Continent Steel & Wire, Inc.
    \14\ See Preliminary Decision Memorandum at section IV, 
``Partial Rescission of Administrative Review.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices and NV in 
accordance with sections 772 and 773 of the Act, respectively. For a 
full description of the methodology underlying our preliminary results 
of review, See the Preliminary Decision Memorandum.

Preliminary Results of Review

    We are assigning the following weighted-average dumping margin to 
the sole company listed below for the period July 1, 2022, through June 
30, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Oman Fasteners, LLC........................................        0.00
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Disclosure

    Commerce intends to disclose its calculations for the preliminary 
results of review to parties to the proceeding within five days of any 
public announcement or, if there is no public announcement, within five 
days of the

[[Page 65595]]

date of publication of this notice in the Federal Register in 
accordance with 19 CFR 351.224(b).

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce no later than 30 days after the date of 
publication of this notice in the Federal Register.\15\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\16\ 
Interested parties who submit case briefs or rebuttal briefs in this 
review must submit: (1) a table of contents listing each issue; and (2) 
a table of authorities.\17\
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    \15\ See 19 CFR 351.303 (for general filing requirements).
    \16\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\18\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\19\
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    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See APO and Service Final Rule, 88 FR at 67070.
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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 for a hearing should contain: (1) the requesting 
party's name, address, and telephone number; (2) the number of 
individuals associated with the requesting party that will attend the 
hearing and whether any of those individuals is a foreign national; and 
(3) a list of the issues that the party intends to discuss at the 
hearing. Issues raised in the hearing will be limited to those raised 
in the case and rebuttal briefs. An electronically filed hearing 
request must be received successfully in its entirety by Commerce's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 
days after the date of publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will announce the date 
and time of the hearing. Parties should confirm the date and time of 
the hearing two days before the scheduled hearing date.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.\20\
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    \20\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
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Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the assessment 
of antidumping duties on entries of merchandise covered by this review 
shall be based on the final results of the review.\21\ Therefore, upon 
issuance of the final results of this review, Commerce will determine, 
and CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise covered by this review in accordance with 19 CFR 
351.212(b)(1).
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    \21\ See section 751(a)(2)(C) of the Act.
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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).
    We will calculate importer-specific assessment rates for Oman 
Fasteners in accordance with 19 CFR 351.212(b)(1).\22\ Because Oman 
Fasteners reported entered values for its sales, we will calculate 
importer-specific ad valorem assessment rates for the company by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the importer by the total entered value of the merchandise 
sold to the importer.\23\
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    \22\ We applied the assessment rate calculation method adopted 
in Antidumping Proceedings: Calculation of the Weighted-Average 
Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \23\ See 19 CFR 351.212(b)(1).
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    Where either Oman Fasteners' ad valorem weighted-average dumping 
margin is zero or de minimis, or an importer-specific ad valorem 
assessment rate is zero or de minimis,\24\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \24\ See 19 CFR 351.106(c)(2).
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    For the companies listed in Appendix II for which we are rescinding 
this review, we will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, in accordance with 19 CFR 351.212(c)(l)(i), not before 35 
days after the publication date of these preliminary results.
    Pursuant to a refinement to Commerce's assessment practice, where 
sales of subject merchandise that was produced or exported by an 
individually examined respondent were not reported in the U.S. sales 
data submitted by the respondent, but the merchandise was entered for 
consumption in the United States during the POR, Commerce will instruct 
CBP to liquidate any entries of such merchandise at the all-others rate 
(i.e., 9.10 percent) \25\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\26\
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    \25\ See Order, 80 FR at 39996.
    \26\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be in effect for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the notice of 
the final results of this administrative review in the Federal 
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Oman Fasteners will be equal to the weighted-
average dumping margin established for the company in the final results 
of this review, except if the weighted-average dumping margin is less 
than 0.50 percent, and, therefore, de minimis within the meaning of 19 
CFR 351.106(c)(1), the cash deposit rate will be zero; (2) for 
previously investigated or reviewed companies that are not covered by 
this review, the cash deposit

[[Page 65596]]

rate will continue to be the company's cash deposit rate from the most 
recently completed segment of the proceeding in which it was examined; 
(3) if the exporter is not covered by this review, and does not have a 
cash deposit rate from a completed segment of this proceeding, but the 
producer of the subject merchandise does have a cash deposit rate, then 
the cash deposit rate will be the producer's cash deposit rate from the 
most recently completed segment of the proceeding in which it was 
examined; 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 less-than-fair-value investigation.\27\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \27\ See Order, 80 FR 39996.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the 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 of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 
CFR 351.213(h)(2) and 351.221(b)(4).

    Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

List of Companies for Which We Are Rescinding the Review

1. Al Ansari Teqmark, LLC
2. Al Kiyumi Global LLC
3. Al Sarah Building Materials LLC
4. Astrotech Steels Private Ltd.
5. Buraimi Iron & Steel, LLC
6. CL Synergy (Pvt) Ltd.
7. Diamond Foil Trading LLC
8. Geekay Wires Ltd.
9. Gulf Nails, LLC
10. Gulf Nails Manufacturing, LLC
11. Gulf Steel Manufacturers, LLC
12. Modern Factory for Metal Products, LLC
13. Muscat Industrial Company, LLC
14. Muscat Nails Factory Golden Asset Trade, LLC
15. Oman Ocean Trading L.L.C.
16. Trinity Steel Pvt. Ltd.
17. WWL Indian Private Ltd.

[FR Doc. 2024-17912 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P