Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2016-2017, 58231-58232 [2018-25145]
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Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
Amended
weightedaverage
dumping
margins
(USD/kg) 7
Exporter
Beijing Pacific Activated Carbon
Products Co., Ltd ....................
Carbon Activated Tianjin Co.,
Ltd ...........................................
Datong Juqiang Activated Carbon Co., Ltd 8 ..........................
Jacobi Carbons AB 9 ..................
Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd ......
Ningxia Huahui Activated Carbon Co., Ltd ............................
Ningxia Mineral & Chemical Limited ..........................................
Shanxi Sincere Industrial Co.,
Ltd ...........................................
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review; 2016–
0.23 2017
0.23
0.00
0.23
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
0.23
SUMMARY: The Department of Commerce
0.23 (Commerce) determines that, during the
period of review (POR) July 1, 2016,
0.23 through June 30, 2017, Oman Fasteners
LLC (Oman Fasteners) is not selling
0.23 nails at less than normal value but that
the collapsed entity of Overseas
International Steel Industry LLC (OISI)
These amended final results are
and Overseas Distribution Services Inc.
published in accordance with sections
(ODS) is.
751(h) and 777(i)(1) of the Act and 19
DATES: Applicable November 19, 2018.
CFR 351.224(e) and (g).
FOR FURTHER INFORMATION CONTACT:
Dated: November 13, 2018.
Thomas Martin, AD/CVD Operations,
Gary Taverman,
Office IV, Enforcement and Compliance,
Deputy Assistant Secretary for Antidumping
International Trade Administration,
and Countervailing Duty Operations,
U.S. Department of Commerce, 1401
performing the non-exclusive functions and
Constitution Avenue NW, Washington,
duties of the Assistant Secretary for
Enforcement and Compliance.
DC 20230; telephone: (202) 482–3936,
respectively.
Appendix
Companies Not Eligible for a Separate Rate
and To Be Treated as Part of China-Wide
Entity
SUPPLEMENTARY INFORMATION:
Background
BILLING CODE 3510–DS–P
On May 14, 2018, Commerce
published the Preliminary Results of the
2016–2017 antidumping duty
administrative review of certain steel
nails from the Sultanate of Oman.1 In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.
On June 13, 2018, Mid Continent Steel
& Wire, Inc. (the petitioner) and Oman
Fasteners submitted case briefs.2 In its
case brief, the petitioner timely
requested a hearing but withdrew its
request on September 7, 2018.3 On June
20, 2018, the petitioner and Oman
Fasteners submitted their rebuttal
briefs.4
9 In the third administrative review of the Order,
Commerce found that Jacobi Carbons AB, Tianjin
Jacobi International Trading Co. Ltd., and Jacobi
Carbons Industry (Tianjin) are a single entity and,
because there were no facts presented on the record
of this review which would call into question our
prior finding, we continue to treat these companies
as part of a single entity for this administrative
review, pursuant to sections 771(33)(E), (F), and (G)
of the Act and 19 CFR 351.401(f). See Certain
Activated Carbon from the People’s Republic of
China: Final Results and Partial Rescission of Third
Antidumping Duty Administrative Review, 76 FR
67142, 67145 n.25 (October 31, 2011); see also
Preliminary Results, and accompanying PDM at
n.26.
1 See 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, 83 FR 22246 (May 14, 2018) and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
2 See the petitioner’s case brief, dated June 13,
2018, Oman Fasteners’ case brief, dated June 13,
2018.
3 See Letter from the petitioner, ‘‘Certain Steel
Nails from Oman: Withdrawal of Request for
Hearing,’’ dated September 7, 2018.
4 See the petitioner’s rebuttal brief, dated June 20,
2018, and Oman Fasteners’ rebuttal brief, dated
June 20, 2018.
Company
1. Beijing Embrace Technology Co., Ltd.
2. Meadwestvaco (China) Holding Co., Ltd.
3. Ningxia Guanghua A/C Co., Ltd.
4. Ningxia Guanghua Activated Carbon Co.,
Ltd.
5. Ningxia Guanghua Chemical Activated
Carbon Co., Ltd.
6. Ningxia Jirui Activated Carbon
7. Shanxi DMD Corporation
8. Tancarb Activated Carbon Co., Ltd.
9. Tangshan Solid Carbon Co., Ltd.
10. Tianjin Jacobi International Trading Co.,
Ltd.
11. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2018–25144 Filed 11–16–18; 8:45 am]
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58231
Scope of the Order
The merchandise covered by this
order is nails having a nominal shaft
length not exceeding 12 inches.5
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 IDM.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the IDM. A list of the issues that parties
raised and to which we responded is
attached to this notice as an Appendix.
The IDM 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 in the
Central Records Unit (CRU), room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the IDM can be
accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed IDM and the
electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have recalculated Oman
Fasteners’ weighted-average dumping
5 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.
6 See Memorandum, ‘‘Decision Memorandum for
Final Results of the 2016–2017 Antidumping Duty
Administrative Review of Certain Steel Nails from
the Sultanate of Oman,’’ dated concurrently with,
and hereby adopted by this notice (IDM).
E:\FR\FM\19NON1.SGM
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58232
Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
margin.7 The AFA dumping margin for
the collapsed entity (i.e., OISI and ODS)
remains unchanged from the
Preliminary Results.8
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Final Results of the Review
As a result of this review, we
determine that, for the period July 1,
2016, through June 30, 2017, the
following dumping margins exist:
others rate if there is no rate for the
intermediate company(ies) involved in
the transaction. We intend to issue
assessment instructions directly to CBP
15 days after publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
Weightedof administrative review for all
average
shipments of subject merchandise
Producer and/or exporter
dumping
entered, or withdrawn from warehouse,
margin
for consumption on or after the
(percent)
publication of the final results of this
Oman Fasteners LLC ...........
0.00 administrative review, as provided by
Overseas International Steel
section 751(a)(2) of the Tariff Act of
Industry LLC/Overseas
1930, as amended (the Act): (1) The cash
Distribution Services Inc ...
154.33
deposit rate for respondents noted above
will be the rate established in the final
Duty Assessment
results of this administrative review; (2)
Commerce shall determine and
for merchandise exported by
Customs and Border Protection (CBP)
manufacturers or exporters not covered
shall assess antidumping duties on all
in this administrative review but
appropriate entries.9 For Oman
covered in a prior segment of the
Fasteners, because its weighted-average
proceeding, the cash deposit rate will
dumping margin is zero or de minimis
continue to be the company specific rate
(i.e., less than 0.5 percent), Commerce
published for the most recently
has not calculated importer-specific
completed segment of this proceeding;
antidumping duty assessment rates.
(3) if the exporter is not a firm covered
Pursuant to 19 CFR 351.106(c)(2), we
in this review, a prior review, or the
will instruct CBP to liquidate without
original investigation, but the
regard to antidumping duties any
manufacturer is, the cash deposit rate
entries for which the importer-specific
will be the rate established for the most
assessment rate is zero or de minimis.
recently completed segment of this
Because we calculated a zero margin for proceeding for the manufacturer of the
Oman Fasteners in the final results of
subject merchandise; and (4) the cash
this review, we intend to instruct CBP
deposit rate for all other manufacturers
to liquidate the appropriate entries
or exporters will continue to be 9.10
without regard to antidumping duties.
percent, the all-others rate established
For entries of the subject merchandise
in the antidumping investigation. These
from OISI and ODS, we will instruct
cash deposit requirements, when
CBP to assess antidumping duties at the imposed, shall remain in effect until
AFA rate of 154.33 percent.
further notice.
In accordance with Commerce’s
Notification to Importers Regarding the
‘‘automatic assessment’’ practice, for
Reimbursement of Duties
entries of subject merchandise during
This notice also serves as a final
the POR produced by each respondent
reminder to importers of their
for which it did not know that its
responsibility under 19 CFR 351.402(f)
merchandise was destined for the
to file a certificate regarding the
United States, we will instruct CBP to
reimbursement of antidumping and/or
liquidate unreviewed entries at the allcountervailing duties prior to
7 See IDM; see also Memorandum, ‘‘Certain Nails
liquidation of the relevant entries
from Oman: Calculation Memorandum for the Final
during the POR. Failure to comply with
Results of the 2016–2017 Administrative Review—
this requirement could result in
Oman Fasteners,’’ dated concurrently with this
Commerce’s presumption that
notice.
8 Commerce determined that OISI and ODS
reimbursement of antidumping and/or
should be a collapsed entity in the previous
countervailing duties occurred and the
administrative review. See Certain Steel Nails from
subsequent assessment of doubled
the Sultanate of Oman: Final Results of
antidumping duties.
Antidumping Duty Administrative Review; 2014–
2016, 83 FR 4030 (January 29, 2018).
9 In these final results, Commerce applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
PO 00000
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Fmt 4703
Sfmt 4703
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: November 9, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Final IDM
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Astrotech’s financial
statement is a better source than Amatei
for calculating CV profit and indirect
selling expenses
Comment 2: Whether Commerce made
certain errors in its calculation of CV
profit and indirect selling expenses
Comment 3: Whether Oman Fasteners is
affiliated with a U.S. customer via a
close supplier relationship
Comment 4: Whether Oman Fastener’s U.S.
sales are CEP sales because the terms of
sale were agreed to or established by the
Atlanta office
Comment 5: Whether Commerce should
impute interest for a related party loan
Comment 6: Whether Commerce should base
CV Profit on Omani rates or capped if
based on third-country sources
Comment 7: Whether Commerce’s
differential pricing methodology is
unlawful
VI. Recommendation
[FR Doc. 2018–25145 Filed 11–16–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–098, C–533–886]
Polyester Textured Yarn From India
and the People’s Republic of China:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Janae Martin at (202) 482–0238 (India)
and Robert Palmer at (202) 482–9068
AGENCY:
E:\FR\FM\19NON1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58231-58232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25145]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that, during
the period of review (POR) July 1, 2016, through June 30, 2017, Oman
Fasteners LLC (Oman Fasteners) is not selling nails at less than normal
value but that the collapsed entity of Overseas International Steel
Industry LLC (OISI) and Overseas Distribution Services Inc. (ODS) is.
DATES: Applicable November 19, 2018.
FOR FURTHER INFORMATION CONTACT: 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) 482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2018, Commerce published the Preliminary Results of the
2016-2017 antidumping duty administrative review of certain steel nails
from the Sultanate of Oman.\1\ In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to comment on our Preliminary
Results. On June 13, 2018, Mid Continent Steel & Wire, Inc. (the
petitioner) and Oman Fasteners submitted case briefs.\2\ In its case
brief, the petitioner timely requested a hearing but withdrew its
request on September 7, 2018.\3\ On June 20, 2018, the petitioner and
Oman Fasteners submitted their rebuttal briefs.\4\
---------------------------------------------------------------------------
\1\ See 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, 83 FR 22246 (May 14, 2018) and accompanying Preliminary
Decision Memorandum (Preliminary Results).
\2\ See the petitioner's case brief, dated June 13, 2018, Oman
Fasteners' case brief, dated June 13, 2018.
\3\ See Letter from the petitioner, ``Certain Steel Nails from
Oman: Withdrawal of Request for Hearing,'' dated September 7, 2018.
\4\ See the petitioner's rebuttal brief, dated June 20, 2018,
and Oman Fasteners' rebuttal brief, dated June 20, 2018.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is nails having a nominal
shaft length not exceeding 12 inches.\5\ 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 IDM.\6\
---------------------------------------------------------------------------
\5\ 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.
\6\ See Memorandum, ``Decision Memorandum for Final Results of
the 2016-2017 Antidumping Duty Administrative Review of Certain
Steel Nails from the Sultanate of Oman,'' dated concurrently with,
and hereby adopted by this notice (IDM).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the IDM. A list of the
issues that parties raised and to which we responded is attached to
this notice as an Appendix. The IDM 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
in the Central Records Unit (CRU), room B8024 of the main Department of
Commerce building. In addition, a complete version of the IDM can be
accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed IDM and the electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have
recalculated Oman Fasteners' weighted-average dumping
[[Page 58232]]
margin.\7\ The AFA dumping margin for the collapsed entity (i.e., OISI
and ODS) remains unchanged from the Preliminary Results.\8\
---------------------------------------------------------------------------
\7\ See IDM; see also Memorandum, ``Certain Nails from Oman:
Calculation Memorandum for the Final Results of the 2016-2017
Administrative Review--Oman Fasteners,'' dated concurrently with
this notice.
\8\ Commerce determined that OISI and ODS 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).
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine that, for the period July
1, 2016, through June 30, 2017, the following dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC...................................... 0.00
Overseas International Steel Industry LLC/Overseas 154.33
Distribution Services Inc..............................
------------------------------------------------------------------------
Duty Assessment
Commerce shall determine and Customs and Border Protection (CBP)
shall assess antidumping duties on all appropriate entries.\9\ For Oman
Fasteners, because its weighted-average dumping margin is zero or de
minimis (i.e., less than 0.5 percent), Commerce has not calculated
importer-specific antidumping duty assessment rates. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the importer-specific
assessment rate is zero or de minimis. Because we calculated a zero
margin for Oman Fasteners in the final results of this review, we
intend to instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. For entries of the subject merchandise
from OISI and ODS, we will instruct CBP to assess antidumping duties at
the AFA rate of 154.33 percent.
---------------------------------------------------------------------------
\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. We intend to issue assessment
instructions directly to CBP 15 days after publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit
rate for respondents noted above will be the rate established in the
final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this
administrative 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;
(3) if the exporter is not a firm covered in this review, a prior
review, or the original investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of the
subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 9.10 percent, the all-
others rate established in the antidumping investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 9, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final IDM
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Astrotech's financial statement is a better
source than Amatei for calculating CV profit and indirect selling
expenses
Comment 2: Whether Commerce made certain errors in its calculation
of CV profit and indirect selling expenses
Comment 3: Whether Oman Fasteners is affiliated with a U.S. customer
via a close supplier relationship
Comment 4: Whether Oman Fastener's U.S. sales are CEP sales because
the terms of sale were agreed to or established by the Atlanta
office
Comment 5: Whether Commerce should impute interest for a related
party loan
Comment 6: Whether Commerce should base CV Profit on Omani rates or
capped if based on third-country sources
Comment 7: Whether Commerce's differential pricing methodology is
unlawful
VI. Recommendation
[FR Doc. 2018-25145 Filed 11-16-18; 8:45 am]
BILLING CODE 3510-DS-P
