Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 22246-22249 [2018-10201]
Download as PDF
<![CDATA[
22246
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson,
Program Analyst.
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; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain steel nails (nails) from the
Sultanate of Oman (Oman) are being, or
are likely to be, sold in the United States
at less than normal value during the
period of review (POR) of July 1, 2016,
through June 30, 2017. Additionally, we
are rescinding the review with respect
to ten companies.
DATES: Applicable May 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Joseph Traw 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) 482–6079 or (202) 482–3936,
respectively.
AGENCY:
[FR Doc. 2018–10205 Filed 5–11–18; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–43–2018]
Approval of Subzone Status; Manuel
˜
Freije Arce, Inc.; Catano, Puerto Rico
On March 6, 2018, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Puerto Rico Trade and
Export Company, grantee of FTZ 61,
requesting subzone status subject to the
existing activation limit of FTZ 61, on
behalf of Manuel Freije Arce, Inc., in
˜
Catano, Puerto Rico.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (83 FR 10658, March 12,
2018). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval.
Pursuant to the authority delegated to
the FTZ Board’s Executive Secretary (15
CFR Sec. 400.36(f)), the application to
establish Subzone 61U was approved on
May 9, 2018, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, and further subject to
FTZ 61’s 1,821.07-acre activation limit.
Dated: May 9, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–10203 Filed 5–11–18; 8:45 am]
BILLING CODE 3510–DS–P
amozie on DSK3GDR082PROD with NOTICES
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION On July 13,
2015, Commerce published in the
Federal Register an antidumping (AD)
order on nails from Oman.1 On July 3,
2017, Commerce notified interested
parties of the opportunity to request an
administrative review of orders,
findings, or suspended investigations
with anniversaries in July 2017,
including the AD Order on nails from
Oman. Commerce received timely
requests from Oman Fasteners LLC
(Oman Fasteners) and Mid Continent
Steel & Wire, Inc. (the petitioner) to
conduct an administrative review of
certain exporters covering the POR. On
September 13, 2017, Commerce
published a notice initiating an AD
administrative review of nails from
Oman covering 13 companies for the
POR.2
In the Initiation Notice, Commerce
indicated that, in the event that we
would limit the respondents selected for
individual examination in accordance
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, 82 FR
42974 (September 13, 2017) (Initiation Notice).
VerDate Sep<11>2014
18:02 May 11, 2018
Jkt 244001
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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.
Customers and Border Protection (CBP)
entry data.3 On September 22, 2017, we
released CBP entry data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO. Subsequently, we
issued the AD questionnaire to Oman
Fasteners and Overseas International
Steel Industry LLC and Overseas
Distribution Services Inc. (OISI/ODS),4
the two mandatory respondents.5 On
November 9, 2017, 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,
and OISI/ODS.
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018.6 Accordingly, the
revised deadline for the preliminary
determination of this investigation
became April 7, 2018.7 On March 14,
2018, Commerce extended the
preliminary results in this review to no
later than May 7, 2018.8 Commerce
received comments for the preliminary
determination from the petitioner 9 and
Oman Fasteners on April 18, 2018.10
Partial Rescission of Administrative
Review
Commerce 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 and OISI/ODS, we are
3 See
Initiation Notice, 82 FR at 42974.
Letter from the petitioner, ‘‘Certain Steel
Nails from Oman: Withdrawal of Request for
Administrative Review, dated November 9, 2017.
Commerce determined that Overseas International
Steel Industry LLC and Overseas Distribution
Services Inc. should be a collapsed entity in the
previous administrative review. See Certain Steel
Nails from the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review; 2014–
2016, 83 FR 4030 (January 29, 2018).
5 See Commerce’s Letters to Oman Fasteners and
OISI/ODS dated September 28, 2017.
6 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by 3 days.
7 Id.
8 See Memorandum, ‘‘Certain Steel Nails from
Oman: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated March 14, 2018.
9 See Petitioner’s Letter, ‘‘Certain Steel Nails from
Oman: Pre-Preliminary Comments,’’ dated April 18,
2018.
10 See Oman Fasteners’ Letter, ‘‘Certain Steel
Nails from Oman; Antidumping Second Review:
Pre-Preliminary Comments,’’ dated April 18, 2018.
4 See
E:\FR\FM\14MYN1.SGM
14MYN1
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
rescinding the administrative review
with respect to those 10 companies,
pursuant to 19 CFR 351.213(d)(1).11
Accordingly, the remaining companies
subject to the instant review are Oman
Fasteners and OISI/ODS.
Scope of the Order
amozie on DSK3GDR082PROD with NOTICES
The merchandise covered by this
Order is nails having a nominal shaft
length not exceeding 12 inches.12
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.13
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
11 Airlift Trans Oceanic Pvt. Ltd., Astrotech Steels
Private Ltd, C.H. Robinson, Consolidated Shipping
Services LLC, Dahnay Logistics Private Ltd., Flyjac
Logistics Private Ltd., Intermarket (India) Private
Ltd., Noble Shipping Private Ltd., Panalpina World
Transport (I) Pvt. Ltd., and Swift Freight India
Private Ltd.
12 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.
13 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).
VerDate Sep<11>2014
18:34 May 11, 2018
Jkt 244001
Preliminary Decision Memorandum are
identical in content.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of 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.14 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
Commerce 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 Commerce, 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 Commerce 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 so doing, and under the
Trade Preferences Extension Act of 2015
(TPEA), Commerce 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 Commerce 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
14 See
PO 00000
Preliminary Decision Memorandum.
Frm 00009
Fmt 4703
Sfmt 4703
22247
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,
Commerce is not required to corroborate
any dumping margin applied in a
separate segment of the same
proceeding.
Under section 776(d) of the Act,
Commerce 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, Commerce 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, Commerce preliminarily
determines that the application of facts
available is warranted for the collapsed
entity OISI/ODS because OISI/ODS did
not respond to the antidumping
questionnaire and, thus, has not
provided the necessary information on
the record, pursuant to section 776(a)(1)
of the Act. Specifically, OISI/ODS has
withheld requested information, failed
to provide such information in the form
and manner required, and impeded this
review, thus, the use of facts available
for the preliminary results is warranted,
pursuant to sections 776(a)(2)(A), (B),
and (C) 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, and impeding this
review, OISI/ODS failed to cooperate
with Commerce by not acting to the best
of its ability to comply with a request
for information by Commerce, pursuant
to section 776(b)(1) of the Act.
Accordingly, we preliminarily
determine to apply AFA to OISI/ODS, in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308.
Furthermore, as we do not have
information on the record to calculate a
margin for OISI/ODS, we have
calculated its margin based on total
AFA. Specifically, we are applying as
AFA, a margin of 154.33 percent, which
was alleged by the petitioner in the
E:\FR\FM\14MYN1.SGM
14MYN1
22248
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
petition filed in the investigation,15 and
which we applied to OISI/ODS in the
first administrative review in this
proceeding. Because we applied this
margin to OISI/ODS in the prior review,
it is unnecessary to corroborate this
margin pursuant to section 776(c)(2) of
the Act. For further discussion, see the
Preliminary Decision Memorandum.
Duty Absorption
On October 10, 2017, the petitioner
requested that Commerce conduct a
duty absorption review with respect to
all producers/exporters subject to this
review.16 We have determined not to
examine duty absorption with regard to
Oman Fasteners and the ten companies
for which we are rescinding the review,
but we have found that duty absorption
exists with respect to OISI/ODS based
on AFA.17
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period July 1, 2016, through June 30,
2017:
Exporter/producer
Oman Fasteners LLC .................
Overseas International Steel Industry LLC/Overseas Distribution Services Inc. ....................
Weightedaverage
dumping
margins
(percent)
0.00
154.33
amozie on DSK3GDR082PROD with NOTICES
Disclosure and Public Comment
Commerce 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
15 See Certain Steel Nails from India, the Republic
of Korea, Malaysia, the Sultanate of Oman, Taiwan,
the Republic of Turkey, and the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 36019, 36023–36024 (June 25,
2014).
16 See Letter from the petitioner, ‘‘Certain Steel
Nails from Oman: Request for Duty Absorption
Inquiry,’’ dated October 10, 2017.
17 See Preliminary Decision Memorandum at 17.
18 See 19 CFR 351.309(d)(1).
VerDate Sep<11>2014
18:02 May 11, 2018
Jkt 244001
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, Commerce 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
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. Commerce 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 on the basis of the ratio
of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of such
sales, in accordance with 19 CFR
351.212(b)(1).23 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
19 See
19 CFR 351.309(c)(2) and (d)(2).
20 Id.
21 See
19 CFR 351.303.
section 751(a)(3)(A) of the Act.
23 In these preliminary results, Commerce 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).
22 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
to liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.24 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.
For the ten 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). Commerce 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 cash 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-thanfair-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
24 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\14MYN1.SGM
14MYN1
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
established in the less-than-fair value
investigation.25
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 Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
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: May 7, 2018.
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. Duty Absorption
VIII. Recommendation
[FR Doc. 2018–10201 Filed 5–11–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–854]
Supercalendered Paper From Canada:
Initiation of Changed Circumstances
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based upon a request from
Verso Corporation (Verso) (i.e., the
petitioner), the Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) to
consider the possible revocation of the
countervailing duty (CVD) order on
amozie on DSK3GDR082PROD with NOTICES
AGENCY:
25 See Certain Steel Nails from the Republic of
Oman: Final Determination of Sales at Less Than
Fair Value, 80 FR 28955 (May 20, 2015).
VerDate Sep<11>2014
18:02 May 11, 2018
Jkt 244001
supercalendered paper (SC paper) from
Canada.
DATES: May 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Nicholas Czajkowski,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–0176 or (202) 482–1395,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2015, Commerce
published the CVD Order on SC paper
from Canada.1 On March 21, 2018,
Verso requested that Commerce conduct
a CCR, pursuant to section 782(h)(2) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.222(g)(l)(i). Verso
expressed a lack of interest in the
enforcement or existence of the CVD
Order, and requested the retroactive
revocation of the CVD Order, effective
August 3, 2015.2
Scope of the Order
The product covered by the order is
SC paper. SC paper is uncoated paper
that has undergone a calendering
process in which the base sheet, made
of pulp and filler (typically, but not
limited to, clay, talc, or other mineral
additive), is processed through a set of
supercalenders, a supercalender, or a
soft nip calender operation.3
The scope of this order covers all SC
paper regardless of basis weight,
brightness, opacity, smoothness, or
grade, and whether in rolls or in sheets.
Further, the scope covers all SC paper
that meets the scope definition
regardless of the type of pulp fiber or
filler material used to produce the
paper.
Specifically excluded from the scope
are imports of paper printed with final
content of printed text or graphics.
Subject merchandise primarily enters
under Harmonized Tariff Schedule of
the United States (HTSUS) subheading
4802.61.3035, but may also enter under
subheadings 4802.61.3010,
4802.62.3000, 4802.62.6020, and
1 See Supercalendered Paper from Canada:
Countervailing Duty Order, 80 FR 76668 (December
10, 2015) (CVD Order).
2 See Letter from Verso, ‘‘Supercalendered Paper
from Canada/Request for Changed Circumstances
Review,’’ March 21, 2018 (Verso Request).
3 Supercalendering and soft nip calendering
processing, in conjunction with the mineral filler
contained in the base paper, are performed to
enhance the surface characteristics of the paper by
imparting a smooth and glossy printing surface.
Supercalendering and soft nip calendering also
increase the density of the base paper.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
22249
4802.69.3000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Initiation of CCR
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have no further interest in
the order, in whole or in part. Section
351.222(g) of Commerce’s regulations
provides that Commerce will conduct a
CCR under 19 CFR 351.216, and may
revoke an order in whole or in part, if
it determines that the producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
order, in whole or in part.4 Section
351.216(d) of Commerce’s regulations
provides that if Commerce determines
that changed circumstances sufficient to
warrant a review exist, it will conduct
a CCR, in accordance with 19 CFR
351.221.
Based on the information Verso
provided in its request, Commerce has
determined that changed circumstances
sufficient to warrant the review exist.5
Both the Act and Commerce’s
regulations require that ‘‘substantially
all’’ domestic producers express a lack
of interest in the CVD Order for
Commerce to revoke the CVD Order.6
Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.7 The data
provided in Verso’s request indicated
that it accounts for at least 85 percent
of domestic production.
In accordance with section 751(b) of
the Act and 19 CFR 351.221 and
351.222, based on an affirmative
statement of no interest by the domestic
parties in continuing the CVD Order, we
are initiating this CCR.
4 See section 782(h) of the Act and 19 CFR
351.222(g)(1)–(2).
5 See 19 CFR 351.216(d).
6 See section 782(h) of the Act and 19 CFR
351.222(g).
7 See, e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent to Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
E:\FR\FM\14MYN1.SGM
14MYN1
]]>Agencies
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22246-22249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10201]
-----------------------------------------------------------------------
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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain steel nails (nails) from the Sultanate of Oman (Oman) are
being, or are likely to be, sold in the United States at less than
normal value during the period of review (POR) of July 1, 2016, through
June 30, 2017. Additionally, we are rescinding the review with respect
to ten companies.
DATES: Applicable May 14, 2018.
FOR FURTHER INFORMATION CONTACT: Joseph Traw 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) 482-6079 or (202) 482-3936,
respectively.
SUPPLEMENTARY INFORMATION On July 13, 2015, Commerce published in the
Federal Register an antidumping (AD) order on nails from Oman.\1\ On
July 3, 2017, Commerce notified interested parties of the opportunity
to request an administrative review of orders, findings, or suspended
investigations with anniversaries in July 2017, including the AD Order
on nails from Oman. Commerce received timely requests from Oman
Fasteners LLC (Oman Fasteners) and Mid Continent Steel & Wire, Inc.
(the petitioner) to conduct an administrative review of certain
exporters covering the POR. On September 13, 2017, Commerce published a
notice initiating an AD administrative review of nails from Oman
covering 13 companies for the POR.\2\
---------------------------------------------------------------------------
\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, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
---------------------------------------------------------------------------
In the Initiation Notice, Commerce 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. Customers and Border Protection (CBP) entry
data.\3\ On September 22, 2017, we released CBP entry data under
Administrative Protective Order (APO) to all parties with access to
information protected by APO. Subsequently, we issued the AD
questionnaire to Oman Fasteners and Overseas International Steel
Industry LLC and Overseas Distribution Services Inc. (OISI/ODS),\4\ the
two mandatory respondents.\5\ On November 9, 2017, 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, and OISI/ODS.
---------------------------------------------------------------------------
\3\ See Initiation Notice, 82 FR at 42974.
\4\ See Letter from the petitioner, ``Certain Steel Nails from
Oman: Withdrawal of Request for Administrative Review, dated
November 9, 2017. Commerce determined that Overseas International
Steel Industry LLC and Overseas Distribution Services Inc. should be
a collapsed entity in the previous administrative review. See
Certain Steel Nails from the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review; 2014-2016, 83 FR 4030
(January 29, 2018).
\5\ See Commerce's Letters to Oman Fasteners and OISI/ODS dated
September 28, 2017.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22,
2018.\6\ Accordingly, the revised deadline for the preliminary
determination of this investigation became April 7, 2018.\7\ On March
14, 2018, Commerce extended the preliminary results in this review to
no later than May 7, 2018.\8\ Commerce received comments for the
preliminary determination from the petitioner \9\ and Oman Fasteners on
April 18, 2018.\10\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by 3 days.
\7\ Id.
\8\ See Memorandum, ``Certain Steel Nails from Oman: Extension
of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated March 14, 2018.
\9\ See Petitioner's Letter, ``Certain Steel Nails from Oman:
Pre-Preliminary Comments,'' dated April 18, 2018.
\10\ See Oman Fasteners' Letter, ``Certain Steel Nails from
Oman; Antidumping Second Review: Pre-Preliminary Comments,'' dated
April 18, 2018.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Commerce 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 and
OISI/ODS, we are
[[Page 22247]]
rescinding the administrative review with respect to those 10
companies, pursuant to 19 CFR 351.213(d)(1).\11\ Accordingly, the
remaining companies subject to the instant review are Oman Fasteners
and OISI/ODS.
---------------------------------------------------------------------------
\11\ Airlift Trans Oceanic Pvt. Ltd., Astrotech Steels Private
Ltd, C.H. Robinson, Consolidated Shipping Services LLC, Dahnay
Logistics Private Ltd., Flyjac Logistics Private Ltd., Intermarket
(India) Private Ltd., Noble Shipping Private Ltd., Panalpina World
Transport (I) Pvt. Ltd., and Swift Freight India Private Ltd.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is nails having a nominal
shaft length not exceeding 12 inches.\12\ 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.\13\
---------------------------------------------------------------------------
\12\ 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.
\13\ 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.
Methodology
Commerce is conducting this review in accordance with section
751(a) of 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.\14\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
---------------------------------------------------------------------------
\14\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Adverse Facts Available
Section 776(a) of the Act provides that Commerce 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 Commerce, 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 Commerce 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 so
doing, and under the Trade Preferences Extension Act of 2015 (TPEA),
Commerce 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 Commerce
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, Commerce is not required
to corroborate any dumping margin applied in a separate segment of the
same proceeding.
Under section 776(d) of the Act, Commerce 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, Commerce 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, Commerce preliminarily
determines that the application of facts available is warranted for the
collapsed entity OISI/ODS because OISI/ODS did not respond to the
antidumping questionnaire and, thus, has not provided the necessary
information on the record, pursuant to section 776(a)(1) of the Act.
Specifically, OISI/ODS has withheld requested information, failed to
provide such information in the form and manner required, and impeded
this review, thus, the use of facts available for the preliminary
results is warranted, pursuant to sections 776(a)(2)(A), (B), and (C)
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, and impeding
this review, OISI/ODS failed to cooperate with Commerce by not acting
to the best of its ability to comply with a request for information by
Commerce, pursuant to section 776(b)(1) of the Act. Accordingly, we
preliminarily determine to apply AFA to OISI/ODS, in accordance with
sections 776(a) and (b) of the Act and 19 CFR 351.308. Furthermore, as
we do not have information on the record to calculate a margin for
OISI/ODS, we have calculated its margin based on total AFA.
Specifically, we are applying as AFA, a margin of 154.33 percent, which
was alleged by the petitioner in the
[[Page 22248]]
petition filed in the investigation,\15\ and which we applied to OISI/
ODS in the first administrative review in this proceeding. Because we
applied this margin to OISI/ODS in the prior review, it is unnecessary
to corroborate this margin pursuant to section 776(c)(2) of the Act.
For further discussion, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\15\ See Certain Steel Nails from India, the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019, 36023-36024 (June 25, 2014).
---------------------------------------------------------------------------
Duty Absorption
On October 10, 2017, the petitioner requested that Commerce conduct
a duty absorption review with respect to all producers/exporters
subject to this review.\16\ We have determined not to examine duty
absorption with regard to Oman Fasteners and the ten companies for
which we are rescinding the review, but we have found that duty
absorption exists with respect to OISI/ODS based on AFA.\17\
---------------------------------------------------------------------------
\16\ See Letter from the petitioner, ``Certain Steel Nails from
Oman: Request for Duty Absorption Inquiry,'' dated October 10, 2017.
\17\ See Preliminary Decision Memorandum at 17.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2016,
through June 30, 2017:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC.......................................... 0.00
Overseas International Steel Industry LLC/Overseas 154.33
Distribution Services Inc..................................
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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, Commerce 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\
---------------------------------------------------------------------------
\22\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. Commerce 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 on the
basis of the ratio of the total amount of dumping calculated for an
importer's examined sales and the total entered value of such sales, in
accordance with 19 CFR 351.212(b)(1).\23\ 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 such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\24\ 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.
---------------------------------------------------------------------------
\23\ In these preliminary results, Commerce 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).
\24\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the ten 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). Commerce 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 cash 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
[[Page 22249]]
established in the less-than-fair value investigation.\25\
---------------------------------------------------------------------------
\25\ See Certain Steel Nails from the Republic of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
---------------------------------------------------------------------------
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
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: May 7, 2018.
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. Duty Absorption
VIII. Recommendation
[FR Doc. 2018-10201 Filed 5-11-18; 8:45 am]
BILLING CODE 3510-DS-P
