Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2014-2016, 36738-36741 [2017-16497]
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a date and time to be
determined.14 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time (ET) on the due
date. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
Room 18022, and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.15
The Department intends to issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any briefs
received, no later than 90 days after the
date these preliminary results of review
are issued, pursuant to section
751(a)(2)(B) of the Act.
Assessment Rates
If the Department proceeds to a final
rescission of this administrative review,
the assessment rate to which Mutlu’s
shipments will be subject will not be
affected by this review. If the
Department does not proceed to a final
rescission of this administrative review,
pursuant to 19 CFR 351.212(b)(1), we
will calculate importer-specific (or
customer-specific) assessment rates
based on the final results of this review.
mstockstill on DSK30JT082PROD with NOTICES
Cash Deposit Requirements
If the Department proceeds to a final
rescission of this administrative review,
Mutlu’s cash deposit rate will continue
to be the all-others rate. If the
Department issues final results for this
administrative review, the Department
will instruct CBP to collect cash
deposits, effective upon the publication
of the final results, at the rates
established therein.
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
14 See
19 CFR 351.310(d).
Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
15 See
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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 the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: July 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Sections in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion
[FR Doc. 2017–16577 Filed 8–4–17; 8:45 am]
BILLING CODE 3510–DS–P
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 Partial Rescission of
Antidumping Duty Administrative
Review; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty (AD) order on certain
steel nails (nails) from the Sultanate of
Oman (Oman). The period of review
(POR) is December 29, 2014, through
June 30, 2016. This administrative
review covers two exporters of the
subject merchandise, both of which
were selected as mandatory
respondents, Oman Fasteners LLC
(Oman Fasteners) and Overseas
International Steel Industry LLC (OISI).
The Department preliminarily
determines Oman Fasteners and OISI
made sales of subject merchandise at
less than normal value during the POR.
Additionally, we are rescinding this
administrative review, in part, with
AGENCY:
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respect to 12 companies, based on the
timely withdrawal of Mid Continent
Steel & Wire, Inc.’s (the petitioner)
request for administrative review.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 7, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Thomas Martin, 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) 482–6412 or (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION: On July
13, 2015, the Department published in
the Federal Register an AD order on
nails from Oman.1 On July 5, 2016, the
Department notified interested parties of
the opportunity to request an
administrative review of orders,
findings, or suspended investigations
with anniversaries in July 2016,
including the AD order on nails from
Oman. The Department received timely
requests from Oman Fasteners, OISI,
and the petitioner to conduct an
administrative review of certain
exporters covering the POR. On
September 12, 2016, the Department
published a notice initiating an AD
administrative review of nails from
Oman covering 15 companies for the
POR.2
In the Initiation Notice, the
Department indicated that, in the event
that we would limit the respondents
selected for individual examination in
accordance with section 777A(c)(2) of
the Tariff Act of 1930, as amended (the
Act), we would select mandatory
respondents for individual examination
based upon U.S. Customs and Border
Protection (CBP) entry data.3 On
November 9, 2016, after considering the
large number of potential producers/
exporters involved in this
administrative review, and the resources
available to the Department, we
determined that it was not practicable to
examine all exporters/producers of
subject merchandise for which a review
was requested.4 As a result, pursuant to
1 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).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
62720 (September 12, 2016) (Initiation Notice).
3 See Initiation Notice, 81 FR at 62720.
4 See Memorandum entitled, ‘‘Respondent
Selection in the first Antidumping Duty
Administrative Review of Certain Steel Nails from
Oman,’’ dated November 9, 2016 (Respondent
Selection Memorandum).
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
section 777A(c)(2)(B) of the Act, we
determined that we could reasonably
individually examine only the two
largest producers/exporters of nails from
Oman by U.S. entry volume during the
POR (i.e., Oman Fasteners and OISI).5
Accordingly, we issued the AD
questionnaire to these companies, Oman
Fasteners and OISI, the two mandatory
respondents.6 On December 12, 2016,
the petitioner timely withdrew its
request for administrative review,
pursuant to 19 CFR 351.213(d)(1), of all
the producers and exporters except for
Oman Fasteners, OISI, and Overseas
Distribution Services Inc. (ODS).7
On March 23, 2017, the Department
extended the preliminary results in this
review to no later than July 31, 2017.8
Partial Rescission of Administrative
Review
The Department received timely
requests to conduct an administrative
review of certain exporters covering the
POR. Because the petitioner timely
withdrew its requests for review of all
of the companies listed in the Initiation
Notice, with the exception of Oman
Fasteners, OISI, and ODS, we are
rescinding the administrative review
with respect to those 12 companies,
pursuant to 19 351.213(d)(1). The
Department has rescinded the
administrative review with respect to
the remaining 12 companies on which
we initiated this review pursuant to 19
CFR 351.213(d)(1).9 Accordingly, the
remaining companies subject to the
instant review are: Oman Fasteners,
OISI, and ODS.
Scope of the Order
The merchandise covered by this
order is nails having a nominal shaft
length not exceeding 12 inches.10
Merchandise covered by the order is
5 See
Respondent Selection Memorandum.
Department Letter, ‘‘Administrative Review
of Certain Steel Nails from Oman: Antidumping
Duty Questionnaire,’’ dated November 9, 2016.
7 See Letter from the petitioner, ‘‘Certain Steel
Nails from Oman: Withdrawal of Request for
Administrative Review, dated December 12, 2016.
8 See Memorandum, ‘‘Certain Steel Nails from the
Sultanate of Oman: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 23, 2017.
9 Astrotech Steels Private Ltd, Consolidated
Shipping services LLC, Damco India Private Ltd.,
Flyjac Logistics Private Ltd., International Maritime
& Aviation LLC, Liladhar Pasoo India Logistics
Private Ltd., Ivk Manuport Logistics LLC, Raajratna
Metal Industries Ltd., Shanxi Tianli Industries Co.
Ltd., Swift Freight India Private Ltd., United
Building Material Factory, Uniworld Logistics Pvt
Ltd.
10 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
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6 See
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currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this
order also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the Preliminary Decision
Memorandum.11
Methodology
The Department is conducting this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.12 A list of
topics included in the Preliminary
Decision Memorandum is included as
an Appendix to this notice.
Adverse Facts Available
Section 776(a) of the Act provides that
the Department shall, subject to section
782(d) of the Act, use ‘‘facts otherwise
available’’ if: (1) Necessary information
is not on the record; or (2) an interested
party or any other person: (A)
Withholds information that has been
requested; (B) fails to provide
11 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2014–2016 Antidumping
Duty Administrative Review of Certain Steel Nails
from the Sultanate of Oman,’’ dated concurrently
with, and hereby adopted by this notice
(Preliminary Decision Memorandum). 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 and
available to all parties in the Central Records Unit,
room B8024 of the main Department of Commerce
building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision
Memorandum are identical in content.
12 See Preliminary Decision Memorandum.
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36739
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act; (C) significantly impedes a
proceeding; or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act.
Section 776(b) of the Act provides
that the Department may use an adverse
inference in applying the facts
otherwise available when a party fails to
cooperate by not acting to the best of its
ability to comply with a request for
information (i.e., adverse facts available,
or AFA). In doing so, and under the
Trade Preferences Extension Act of 2015
(TPEA), the Department is not required
to determine, or make any adjustments
to, a weighted-average dumping margin
based on any assumptions about
information an interested party would
have provided if the interested party
had complied with the request for
information. Further, section 776(b)(2)
of the Act states that an adverse
inference may include reliance on
information derived from the petition,
the final determination from the less
than fair value investigation, a previous
administrative review, or other
information placed on the record.
Section 776(c) of the Act provides
that, in general, when the Department
relies on secondary information rather
than on information obtained in the
course of an investigation, it shall, to the
extent practicable, corroborate that
information from independent sources
that are reasonably at its disposal.
Secondary information is defined as
information derived from the petition
that gave rise to the investigation, the
final determination concerning the
subject merchandise, or any previous
review under section 751 of the Act
concerning the subject merchandise.
However, the Department is not
required to corroborate any dumping
margin applied in a separate segment of
the same proceeding.
Under section 776(d) of the Act, the
Department may use any dumping
margin from any segment of a
proceeding under an AD order when
applying an adverse inference,
including the highest of such margins.
The TPEA also makes clear that when
selecting an AFA margin, the
Department is not required to estimate
what the dumping margin would have
been if the interested party failing to
cooperate had cooperated or to
demonstrate that the dumping margin
reflects an ‘‘alleged commercial reality’’
of the interested party.
In accordance with section 776 of the
Act, the Department preliminarily
determines that the application of facts
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07AUN1
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
available is warranted for OISI because
OISI has not provided the necessary
information on the record, pursuant to
section 776(a)(1) of the Act. Specifically,
OISI reported that ODS was its affiliate
in the United Arab Emirates, but failed
to provide adequate information
regarding its relationship with ODS.
OISI also failed to provide adequate
information regarding its U.S. sales data,
such that the Department could not use
the data in its calculations.
Furthermore, OISI has withheld
requested information, failed to provide
such information in the form and
manner required, impeded this review,
and reported information that could not
be verified, the use of facts available for
the preliminary results is warranted,
pursuant to sections 776(a)(2)(A), (B),
(C), and (D) of the Act. For a full
discussion, see the Preliminary Decision
Memorandum.
Furthermore, by withholding
requested information, failing to provide
such information in the manner and
form required, impeding this review,
and reporting information that could not
be verified, OISI failed to cooperate with
the Department by not acting to the best
of its ability to comply with a request
for information by the Department,
pursuant to section 776(b)(1) of the Act.
Accordingly, we preliminarily
determine to apply adverse facts
available (AFA) to OISI, in accordance
with sections 776(a) and (b) of the Act
and 19 CFR 351.308. Record
information indicates that OISI and ODS
are affiliated and may meet our criteria
for collapsing, due to OISI’s reported
shared ownership and intertwined
operations with ODS. Because OISI did
not answer our supplemental
questionnaire, we do not have all of the
information we need on the record in
order to conduct a collapsing analysis.
Accordingly, we have applied an
adverse inference to the factual
information on the record, and have, as
AFA, collapsed OISI and ODS into a
single entity. Furthermore, as we do not
have adequate information on the record
to calculate a margin for OISI, we have
calculated its margin based on total
AFA. Specifically, we are applying a
rate of 154.33 percent, which was
calculated by Petitioner in the petition
in this investigation.13 We have
corroborated this rate with information
obtained in the course of this
13 Letter from the Department, ‘‘Certain Steel
Nails India, the Republic of Korea, the Sultanate of
Oman, Malaysia, Taiwan, the Republic of Turkey,
and the Socialist Republic of Vietnam,’’ dated May
29, 2014 (Petition). See also section 776(b)(2)(A)
(stating that the petition is a potential source of
information for the application of adverse facts
available).
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minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
Preliminary Results of Review
liquidate the appropriate entries
As a result of this review, we
without regard to antidumping duties.
preliminarily determine the following
For the twelve companies for which
weighted-average dumping margins for
this review is rescinded, antidumping
the period December 29, 2014 through
duties will be assessed at rates equal to
June 30, 2016:
the cash deposit of estimated
Weighted- antidumping duties required at the time
of entry, or withdrawn from warehouse,
average
Exporter/producer
dumping
for consumption, in accordance with 19
margins
CFR 351.212(c)(1)(i). The Department
(percent)
intends to issue appropriate assessment
Oman Fasteners LLC .................
99.88 instructions directly to CBP 15 days
Overseas International Steel Inafter publication of this notice. The final
dustry LLC/Overseas Distriburesults of this review shall be the basis
tion Services Inc14 ..................
154.33 for the assessment of antidumping
duties on entries of merchandise
Assessment Rates
covered by the final results of this
review and for future deposits of
Upon completion of the
estimated duties, where applicable.
administrative review, the Department
shall determine, and CBP shall assess,
Cash Deposit Requirement
antidumping duties on all appropriate
entries. The Department intends to issue
The following deposit requirements
assessment instructions to CBP 15 days
will be effective upon publication of the
after the date of publication of the final
notice of the final results of
results of this review.
administrative review for all shipments
For any individually examined
of nails from Oman entered, or
respondents whose weighted-average
withdrawn from warehouse, for
dumping margin is above de minimis
consumption on or after the date of
(i.e., 0.50 percent), we will calculate
publication of the final results of this
importer-specific ad valorem duty
administrative review, as provided by
assessment rates based on the ratio of
section 751(a)(2)(C) of the Act: (1) The
the total amount of dumping calculated
cash deposit rate for the companies
for the importer’s examined sales to the
under review will be the rate
total entered value of those same sales
established in the final results of this
in accordance with 19 CFR
review (except, if the rate is zero or de
351.212(b)(1).15 For entries of subject
minimis, no cash deposit will be
merchandise during the POR produced
required); (2) for merchandise exported
by each respondent for which it did not
by manufacturers or exporters not
know its merchandise was destined for
covered in this review but covered in a
the United States, we will instruct CBP
prior segment of the proceeding, the
to liquidate un-reviewed entries at the
cash deposit rate will continue to be the
all-others rate if there is no rate for the
company-specific rate published for the
intermediate company involved in the
most recently completed segment of this
transaction.16 We will instruct CBP to
proceeding in which the manufacturer
assess antidumping duties on all
or exporter participated; (3) if the
appropriate entries covered by this
exporter is not a firm covered in this
review when the importer-specific
review, a prior review, or the less-thanassessment rate calculated in the final
fair-value investigation, but the
results of this review is above de
manufacturer is, the cash deposit rate
will be the rate established for the most
14 ODS was initially a non-selected respondent
recently completed segment of the
subject to this administrative review; however,
because we have, as AFA, collapsed ODS with
proceeding for the manufacturer of the
mandatory respondent OISI, we are assigning both
merchandise; and (4) the cash deposit
the same AFA margin.
rate for all other manufacturers or
15 In these preliminary results, the Department
exporters will continue to be 9.10
applied the assessment rate calculation
percent ad valorem, the all-others rate
methodology adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
established in the less-than-fair value
Margin and Assessment Rate in Certain
investigation.17
Antidumping Proceedings: Final Modification, 77
administrative review, consistent with
section 776(c)(1) of the Act. For further
discussion, see the Preliminary Decision
Memorandum.
FR 8101 (February 14, 2012).
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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17 See Certain Steel Nails from the Republic of
Oman: Final Determination of Sales at Less Than
Fair Value, 80 FR 28955 (May 20, 2015).
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Disclosure and Public Comment
The Department intends to disclose
the calculations used in our analysis to
interested parties in this review within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties are invited
to comment on the preliminary results
of this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the time limit
for filing case briefs.18 Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each brief: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of
authorities.19 Executive summaries
should be limited to five pages total,
including footnotes.20 Case and rebuttal
briefs should be filed using ACCESS.21
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, the Department
will notify interested parties of the
hearing schedule. Interested parties who
wish to request a hearing, or to
participate if one is requested, must
submit a written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.22
Notification to Importers
This notice also 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 this review
18 See
19 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2) and (d)(2).
20 Id.
21 See
22 See
19 CFR 351.303.
section 751(a)(3)(A) of the Act.
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18:14 Aug 04, 2017
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period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results and partial
rescission of administrative review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h)(1).
Dated: July 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the 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. Affiliation
V. Use of Facts Otherwise Available and
Adverse Interferences
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2017–16497 Filed 8–4–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–816]
Certain Steel Nails From Malaysia:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain steel
nails from Malaysia. The period of
review covers December 29, 2014,
through June 30, 2016. The review
covers three producers/exporters of the
subject merchandise. We preliminarily
determine that sales of subject
merchandise by the collapsed entities
Inmax and Region, both of which were
selected for individual examination,
were made at less than normal value
during the period of review. We are
rescinding the review with respect to 16
companies for which the request for
review was timely withdrawn.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 7, 2017.
AGENCY:
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36741
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Madeline Heeren,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3931 or
(202) 482–9179, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review
are made in accordance with section
751 of the Tariff Act of 1930, as
amended (the Act). On September 12,
2016, the Department published the
notice of initiation for the
administrative review.1 For a complete
description of the events that followed
the initiation of the review, see the
Preliminary Decision Memorandum.2 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix II 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 and to all
parties in the Central Records Unit,
located in Room B8094 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The products covered by the scope of
the order are certain steel nails from
Malaysia. For a complete description of
the scope, see Appendix I of this notice.
Partial Rescission of Administrative
Review
In the Initiation Notice, we initiated a
review of 19 companies. However, the
petitioner, Mid Continent Steel & Wire,
Inc., withdrew its request for review of
16 of the companies on December 12,
2016. No other parties had requested a
review of these companies. Thus, in
response to the petitioner’s timely filed
withdrawal request and pursuant to 19
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
62720 (September 12, 2016) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind in
Part: Certain Steel Nails from Malaysia; 2014–
2016’’, dated concurrently with this notice.
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36738-36741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16497]
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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 Partial
Rescission of Antidumping Duty Administrative Review; 2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty (AD) order on certain
steel nails (nails) from the Sultanate of Oman (Oman). The period of
review (POR) is December 29, 2014, through June 30, 2016. This
administrative review covers two exporters of the subject merchandise,
both of which were selected as mandatory respondents, Oman Fasteners
LLC (Oman Fasteners) and Overseas International Steel Industry LLC
(OISI). The Department preliminarily determines Oman Fasteners and OISI
made sales of subject merchandise at less than normal value during the
POR. Additionally, we are rescinding this administrative review, in
part, with respect to 12 companies, based on the timely withdrawal of
Mid Continent Steel & Wire, Inc.'s (the petitioner) request for
administrative review. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 7, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Thomas Martin,
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) 482-6412 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION: On July 13, 2015, the Department published
in the Federal Register an AD order on nails from Oman.\1\ On July 5,
2016, the Department notified interested parties of the opportunity to
request an administrative review of orders, findings, or suspended
investigations with anniversaries in July 2016, including the AD order
on nails from Oman. The Department received timely requests from Oman
Fasteners, OISI, and the petitioner to conduct an administrative review
of certain exporters covering the POR. On September 12, 2016, the
Department published a notice initiating an AD administrative review of
nails from Oman covering 15 companies for the POR.\2\
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation
Notice).
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In the Initiation Notice, the Department indicated that, in the
event that we would limit the respondents selected for individual
examination in accordance with section 777A(c)(2) of the Tariff Act of
1930, as amended (the Act), we would select mandatory respondents for
individual examination based upon U.S. Customs and Border Protection
(CBP) entry data.\3\ On November 9, 2016, after considering the large
number of potential producers/exporters involved in this administrative
review, and the resources available to the Department, we determined
that it was not practicable to examine all exporters/producers of
subject merchandise for which a review was requested.\4\ As a result,
pursuant to
[[Page 36739]]
section 777A(c)(2)(B) of the Act, we determined that we could
reasonably individually examine only the two largest producers/
exporters of nails from Oman by U.S. entry volume during the POR (i.e.,
Oman Fasteners and OISI).\5\ Accordingly, we issued the AD
questionnaire to these companies, Oman Fasteners and OISI, the two
mandatory respondents.\6\ On December 12, 2016, the petitioner timely
withdrew its request for administrative review, pursuant to 19 CFR
351.213(d)(1), of all the producers and exporters except for Oman
Fasteners, OISI, and Overseas Distribution Services Inc. (ODS).\7\
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\3\ See Initiation Notice, 81 FR at 62720.
\4\ See Memorandum entitled, ``Respondent Selection in the first
Antidumping Duty Administrative Review of Certain Steel Nails from
Oman,'' dated November 9, 2016 (Respondent Selection Memorandum).
\5\ See Respondent Selection Memorandum.
\6\ See Department Letter, ``Administrative Review of Certain
Steel Nails from Oman: Antidumping Duty Questionnaire,'' dated
November 9, 2016.
\7\ See Letter from the petitioner, ``Certain Steel Nails from
Oman: Withdrawal of Request for Administrative Review, dated
December 12, 2016.
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On March 23, 2017, the Department extended the preliminary results
in this review to no later than July 31, 2017.\8\
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\8\ See Memorandum, ``Certain Steel Nails from the Sultanate of
Oman: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review,'' dated March 23, 2017.
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Partial Rescission of Administrative Review
The Department received timely requests to conduct an
administrative review of certain exporters covering the POR. Because
the petitioner timely withdrew its requests for review of all of the
companies listed in the Initiation Notice, with the exception of Oman
Fasteners, OISI, and ODS, we are rescinding the administrative review
with respect to those 12 companies, pursuant to 19 351.213(d)(1). The
Department has rescinded the administrative review with respect to the
remaining 12 companies on which we initiated this review pursuant to 19
CFR 351.213(d)(1).\9\ Accordingly, the remaining companies subject to
the instant review are: Oman Fasteners, OISI, and ODS.
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\9\ Astrotech Steels Private Ltd, Consolidated Shipping services
LLC, Damco India Private Ltd., Flyjac Logistics Private Ltd.,
International Maritime & Aviation LLC, Liladhar Pasoo India
Logistics Private Ltd., Ivk Manuport Logistics LLC, Raajratna Metal
Industries Ltd., Shanxi Tianli Industries Co. Ltd., Swift Freight
India Private Ltd., United Building Material Factory, Uniworld
Logistics Pvt Ltd.
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Scope of the Order
The merchandise covered by this order is nails having a nominal
shaft length not exceeding 12 inches.\10\ Merchandise covered by the
order is currently classified under the Harmonized Tariff Schedule of
the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this order also may be classified under
HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS
subheadings. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
order is dispositive. For a complete description of the scope of the
order, see the Preliminary Decision Memorandum.\11\
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\10\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
\11\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2014-2016 Antidumping Duty Administrative Review of
Certain Steel Nails from the Sultanate of Oman,'' dated concurrently
with, and hereby adopted by this notice (Preliminary Decision
Memorandum). 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 and available to all
parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of
the Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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Methodology
The Department is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\12\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
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\12\ See Preliminary Decision Memorandum.
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Adverse Facts Available
Section 776(a) of the Act provides that the Department shall,
subject to section 782(d) of the Act, use ``facts otherwise available''
if: (1) Necessary information is not on the record; or (2) an
interested party or any other person: (A) Withholds information that
has been requested; (B) fails to provide information within the
deadlines established, or in the form and manner requested by the
Department, subject to subsections (c)(1) and (e) of section 782 of the
Act; (C) significantly impedes a proceeding; or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act provides that the Department may use an
adverse inference in applying the facts otherwise available when a
party fails to cooperate by not acting to the best of its ability to
comply with a request for information (i.e., adverse facts available,
or AFA). In doing so, and under the Trade Preferences Extension Act of
2015 (TPEA), the Department is not required to determine, or make any
adjustments to, a weighted-average dumping margin based on any
assumptions about information an interested party would have provided
if the interested party had complied with the request for information.
Further, section 776(b)(2) of the Act states that an adverse inference
may include reliance on information derived from the petition, the
final determination from the less than fair value investigation, a
previous administrative review, or other information placed on the
record.
Section 776(c) of the Act provides that, in general, when the
Department relies on secondary information rather than on information
obtained in the course of an investigation, it shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. Secondary information is defined as
information derived from the petition that gave rise to the
investigation, the final determination concerning the subject
merchandise, or any previous review under section 751 of the Act
concerning the subject merchandise. However, the Department is not
required to corroborate any dumping margin applied in a separate
segment of the same proceeding.
Under section 776(d) of the Act, the Department may use any dumping
margin from any segment of a proceeding under an AD order when applying
an adverse inference, including the highest of such margins. The TPEA
also makes clear that when selecting an AFA margin, the Department is
not required to estimate what the dumping margin would have been if the
interested party failing to cooperate had cooperated or to demonstrate
that the dumping margin reflects an ``alleged commercial reality'' of
the interested party.
In accordance with section 776 of the Act, the Department
preliminarily determines that the application of facts
[[Page 36740]]
available is warranted for OISI because OISI has not provided the
necessary information on the record, pursuant to section 776(a)(1) of
the Act. Specifically, OISI reported that ODS was its affiliate in the
United Arab Emirates, but failed to provide adequate information
regarding its relationship with ODS. OISI also failed to provide
adequate information regarding its U.S. sales data, such that the
Department could not use the data in its calculations. Furthermore,
OISI has withheld requested information, failed to provide such
information in the form and manner required, impeded this review, and
reported information that could not be verified, the use of facts
available for the preliminary results is warranted, pursuant to
sections 776(a)(2)(A), (B), (C), and (D) of the Act. For a full
discussion, see the Preliminary Decision Memorandum.
Furthermore, by withholding requested information, failing to
provide such information in the manner and form required, impeding this
review, and reporting information that could not be verified, OISI
failed to cooperate with the Department by not acting to the best of
its ability to comply with a request for information by the Department,
pursuant to section 776(b)(1) of the Act. Accordingly, we preliminarily
determine to apply adverse facts available (AFA) to OISI, in accordance
with sections 776(a) and (b) of the Act and 19 CFR 351.308. Record
information indicates that OISI and ODS are affiliated and may meet our
criteria for collapsing, due to OISI's reported shared ownership and
intertwined operations with ODS. Because OISI did not answer our
supplemental questionnaire, we do not have all of the information we
need on the record in order to conduct a collapsing analysis.
Accordingly, we have applied an adverse inference to the factual
information on the record, and have, as AFA, collapsed OISI and ODS
into a single entity. Furthermore, as we do not have adequate
information on the record to calculate a margin for OISI, we have
calculated its margin based on total AFA. Specifically, we are applying
a rate of 154.33 percent, which was calculated by Petitioner in the
petition in this investigation.\13\ We have corroborated this rate with
information obtained in the course of this administrative review,
consistent with section 776(c)(1) of the Act. For further discussion,
see the Preliminary Decision Memorandum.
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\13\ Letter from the Department, ``Certain Steel Nails India,
the Republic of Korea, the Sultanate of Oman, Malaysia, Taiwan, the
Republic of Turkey, and the Socialist Republic of Vietnam,'' dated
May 29, 2014 (Petition). See also section 776(b)(2)(A) (stating that
the petition is a potential source of information for the
application of adverse facts available).
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period December 29,
2014 through June 30, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC.......................................... 99.88
Overseas International Steel Industry LLC/Overseas 154.33
Distribution Services Inc\14\..............................
------------------------------------------------------------------------
Assessment Rates
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\14\ ODS was initially a non-selected respondent subject to this
administrative review; however, because we have, as AFA, collapsed
ODS with mandatory respondent OISI, we are assigning both the same
AFA margin.
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Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of this
review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem 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 in
accordance with 19 CFR 351.212(b)(1).\15\ For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate un-reviewed entries at the all-others rate if
there is no rate for the intermediate company involved in the
transaction.\16\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, 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.
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\15\ In these preliminary results, the Department applied the
assessment rate calculation methodology 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).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the twelve companies for which this review is rescinded,
antidumping duties will be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawn from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice. The final results of this review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirement
The following deposit requirements will be effective upon
publication of the notice of the final results of administrative review
for all shipments of 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 by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review 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 merchandise exported by manufacturers or
exporters 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 the manufacturer or exporter participated; (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 recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 9.10 percent ad valorem, the all-
others rate established in the less-than-fair value investigation.\17\
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\17\ See Certain Steel Nails from the Republic of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
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[[Page 36741]]
Disclosure and Public Comment
The Department intends to disclose the calculations used in our
analysis to interested parties in this review within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties are invited to comment on the
preliminary results of this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs no later
than 30 days after the date of publication of this notice. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the time limit for filing case briefs.\18\
Parties who submit case briefs or rebuttal briefs in this proceeding
are requested to submit with each brief: (1) A statement of the issue,
(2) a brief summary of the argument, and (3) a table of
authorities.\19\ Executive summaries should be limited to five pages
total, including footnotes.\20\ Case and rebuttal briefs should be
filed using ACCESS.\21\
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\18\ See 19 CFR 351.309(d)(1).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ Id.
\21\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, the Department will notify
interested parties of the hearing schedule. Interested parties who wish
to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS within 30 days after the
date of publication of this notice. Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\22\
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\22\ See section 751(a)(3)(A) of the Act.
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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) 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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results and partial rescission of administrative
review are issued and published in accordance with sections 751(a)(1)
and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: July 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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. Affiliation
V. Use of Facts Otherwise Available and Adverse Interferences
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2017-16497 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P
