Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2017-2018, 37620-37622 [2019-16328]
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37620
Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices
extendable storage elements does not exceed
six inches. The inclusion of an integrated
storage area that is not extendable (e.g., a
cubby) and has an actual height of six inches
or less, also does not remove a subject
vertical metal file cabinet from the scope.
Accessories packaged with a subject vertical
file cabinet, such as separate printer stands
or shelf kits that sit on top of the in-scope
vertical file cabinet are not considered
integrated storage.
‘‘Freestanding’’ means the unit has a solid
top and does not have an open top or a top
with holes punched in it that would permit
the unit to be attached to, hung from, or
otherwise used to support a desktop or other
work surface. The ability to anchor a vertical
file cabinet to a wall for stability or to
prevent it from tipping over does not exclude
the unit from the scope.
The addition of mobility elements such as
casters, wheels, or a dolly does not remove
the product from the scope. Packaging a
subject vertical metal file cabinet with other
accessories, including, but not limited to,
locks, leveling glides, caster kits, drawer
accessories (e.g., including but not limited to
follower wires, follower blocks, file
compressors, hanger rails, pencil trays, and
hanging file folders), printer stand, shelf kit
and magnetic hooks, also does not remove
the product from the scope. Vertical metal
file cabinets are also in scope whether they
are imported assembled or unassembled with
all essential parts and components included.
Excluded from the scope are lateral metal
file cabinets. Lateral metal file cabinets have
a width that is greater than the body depth,
and have a body with an actual width that
is more than 25 inches wide.
Also excluded from the scope are pedestal
file cabinets. Pedestal file cabinets are metal
file cabinets with body depths that are greater
than or equal to their width, are under 31
inches in actual height, and have the
following characteristics: (1) An open top or
other the means for the cabinet to be attached
to or hung from a desktop or other work
surface such as holes punched in the top (i.e.,
not freestanding); or (2) freestanding file
cabinets that have all of the following: (a) at
least a 90 percent drawer extension for all
extendable file storage elements; (b) a central
locking system; (c) a minimum weight
density of 9.5 lbs./cubic foot; and (d) casters
or leveling glides.
‘‘Percentage drawer extension’’ is defined
as the drawer travel distance divided by the
inside depth dimension of the drawer. Inside
depth of drawer is measured from the inside
of the drawer face to the inside face of the
drawer back. Drawer extension is the
distance the drawer travels from the closed
position to the maximum travel position
which is limited by the out stops. In
situations where drawers do not include an
outstop, the drawer is extended until the
drawer back is 31⁄2 inches from the closed
position of inside face of the drawer front.
The ‘‘weight density’’ is calculated by
dividing the cabinet’s actual weight by its
volume in cubic feet (the multiple of the
product’s actual width, depth, and height). A
‘‘central locking system’’ locks all drawers in
a unit.
Also excluded from the scope are fire proof
or fire-resistant file cabinets that meet
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Underwriters Laboratories (UL) fire
protection standard 72, class 350, which
covers the test procedures applicable to fireresistant equipment intended to protect
paper records.
The merchandise subject to the
investigation is classified under Harmonized
Tariff Schedule of the United States (HTSUS)
subheading 9403.10.0020. The subject
merchandise may also enter under HTSUS
subheadings 9403.10.0040, 9403.20.0080,
and 9403.20.0090. While HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of the investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Discussion of the Methodology
VI. Adjustment Under Section 777(A)(F) of
the Act
VII. Adjustments to Cash Deposit Rates for
Export Subsidies
VIII. ITC Notification
IX. Disclosure and Public Comment
X. Verification
XI. Conclusion
[FR Doc. 2019–16327 Filed 7–31–19; 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; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Oman Fasteners LLC (Oman
Fasteners), a producer/exporter of
certain steel nails (nails) from the
Sultanate of Oman (Oman), did not sell
subject merchandise at prices below
normal value during the period of
review (POR) July 1, 2017 through June
30, 2018. Additionally, we are
rescinding the review with respect to
three companies. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
AGENCY:
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U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936.
SUPPLEMENTARY INFORMATION:
On July 13, 2015, Commerce
published in the Federal Register an
antidumping (AD) order on nails from
Oman.1 On July 3, 2018, Commerce
notified interested parties of the
opportunity to request an administrative
review of orders, findings, or suspended
investigations with anniversaries in July
2018, including the AD Order on nails
from Oman.2 Commerce received timely
requests from Oman Fasteners and Mid
Continent Steel & Wire, Inc. (the
petitioner) to conduct an administrative
review of certain exporters covering the
POR. On September 10, 2018,
Commerce published a notice initiating
a review of the Order covering four
companies for the POR.3
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.4 On September 18, 2018, 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.5 On November 5, 2018, the
petitioner withdrew its request for
administrative reviews for the three
companies, other than Oman Fasteners,
for which it had requested
administrative reviews,6 pursuant to 19
CFR 351.213(d)(1).
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from
December 22, 2018 through the
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 Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 31121
(July 3, 2018).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice).
4 See Initiation Notice, 83 FR at 45596.
5 See Commerce’s Letter, ‘‘Administrative Review
of Certain Steel Nails from Oman: Antidumping
Duty Questionnaire,’’ dated October 22, 2018.
6 See Petitioner’s Letter, ‘‘Certain Steel Nails from
Oman: Withdrawal of Request for Administrative
Reviews’’ dated November 5, 2018. The three
companies for which the petitioner withdrew its
request for review are: Al Kiyumi Global LLC;
Astrotech Steels Private Ltd.; and Geekay Wires
Limited.
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Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices
resumption of operations on January 29,
2019.7 On May 4, 2019, Commerce
extended the preliminary results in this
review to no later than June 26, 2019.8
On June 25, 2019, Commerce extended
the preliminary results in this review to
no later than July 26, 2019.9
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, we are rescinding the
administrative review with respect to
those these three companies,10 pursuant
to 19 CFR 351.213(d)(1). Accordingly,
the remaining company subject to the
instant review is Oman Fasteners.
Scope of the Order
The merchandise covered by this
Order is nails having a nominal shaft
length not exceeding 12 inches.11
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.12
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
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 is 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.13 A list of
topics included in the Preliminary
Decision Memorandum is included as
an Appendix to this notice.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the period July 1, 2017
through June 30, 2018:
jspears on DSK3GMQ082PROD with NOTICES
Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
8 See Memorandum, ‘‘Antidumping Duty
Administrative Review or Certain Steel Nails from
the Sultanate of Oman: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated May 4, 2019.
9 See Memorandum, ‘‘Antidumping Duty
Administrative Review or Certain Steel Nails from
the Sultanate of Oman: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 25, 2019.
10 Al Kiyumi Global LLC, Astrotech Steels Private
Ltd., and Geekay Wires Limited.
11 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.
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Oman Fasteners LLC .................
0.00
7 See
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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
12 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).
13 See Preliminary Decision Memorandum.
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37621
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.14 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.15 Executive summaries
should be limited to five pages total,
including footnotes.16 Case and rebuttal
briefs should be filed using ACCESS.17
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.18
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
14 See
15 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2) and (d)(2).
16 Id.
17 See
18 See
E:\FR\FM\01AUN1.SGM
19 CFR 351.303.
section 751(a)(3)(A) of the Act.
01AUN1
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Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices
sales, in accordance with 19 CFR
351.212(b)(1).19 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.20 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 three 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,
concerning these three companies. 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.
jspears on DSK3GMQ082PROD with NOTICES
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
19 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).
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
vertical metal file cabinets (file cabinets)
from the People’s Republic of China
(China). The period of investigation is
January 1, 2018 through December 31,
2018. Interested parties are invited to
comment on this preliminary
determination.
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
established in the less-than-fair value
investigation.21
SUMMARY:
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.
Thomas Dunne, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2328.
SUPPLEMENTARY INFORMATION:
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: July 24, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2019–16328 Filed 7–31–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–111]
Vertical Metal File Cabinets From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
21 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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DATES:
Applicable August 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 24, 2019.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics
discussed 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 is available to all
parties in the Central Records Unit,
Room B8024 of the main 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 electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are file cabinets from
China. For a complete description of the
1 See Vertical Metal File Cabinets from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 84 FR 24089
(May 24, 2019) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Vertical Metal
File Cabinets from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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01AUN1
]]>Agencies
[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37620-37622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16328]
-----------------------------------------------------------------------
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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Oman Fasteners LLC (Oman Fasteners), a producer/exporter of
certain steel nails (nails) from the Sultanate of Oman (Oman), did not
sell subject merchandise at prices below normal value during the period
of review (POR) July 1, 2017 through June 30, 2018. Additionally, we
are rescinding the review with respect to three companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 1, 2019.
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.
SUPPLEMENTARY INFORMATION:
On July 13, 2015, Commerce published in the Federal Register an
antidumping (AD) order on nails from Oman.\1\ On July 3, 2018, Commerce
notified interested parties of the opportunity to request an
administrative review of orders, findings, or suspended investigations
with anniversaries in July 2018, including the AD Order on nails from
Oman.\2\ Commerce received timely requests from Oman Fasteners and Mid
Continent Steel & Wire, Inc. (the petitioner) to conduct an
administrative review of certain exporters covering the POR. On
September 10, 2018, Commerce published a notice initiating a review of
the Order covering four companies for the POR.\3\
---------------------------------------------------------------------------
\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 31121 (July 3, 2018).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018) (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.\4\ On September 18, 2018, 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.\5\ On November 5, 2018, the petitioner
withdrew its request for administrative reviews for the three
companies, other than Oman Fasteners, for which it had requested
administrative reviews,\6\ pursuant to 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\4\ See Initiation Notice, 83 FR at 45596.
\5\ See Commerce's Letter, ``Administrative Review of Certain
Steel Nails from Oman: Antidumping Duty Questionnaire,'' dated
October 22, 2018.
\6\ See Petitioner's Letter, ``Certain Steel Nails from Oman:
Withdrawal of Request for Administrative Reviews'' dated November 5,
2018. The three companies for which the petitioner withdrew its
request for review are: Al Kiyumi Global LLC; Astrotech Steels
Private Ltd.; and Geekay Wires Limited.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from December 22, 2018 through
the
[[Page 37621]]
resumption of operations on January 29, 2019.\7\ On May 4, 2019,
Commerce extended the preliminary results in this review to no later
than June 26, 2019.\8\ On June 25, 2019, Commerce extended the
preliminary results in this review to no later than July 26, 2019.\9\
---------------------------------------------------------------------------
\7\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\8\ See Memorandum, ``Antidumping Duty Administrative Review or
Certain Steel Nails from the Sultanate of Oman: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated May 4, 2019.
\9\ See Memorandum, ``Antidumping Duty Administrative Review or
Certain Steel Nails from the Sultanate of Oman: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated June 25, 2019.
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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, we are
rescinding the administrative review with respect to those these three
companies,\10\ pursuant to 19 CFR 351.213(d)(1). Accordingly, the
remaining company subject to the instant review is Oman Fasteners.
---------------------------------------------------------------------------
\10\ Al Kiyumi Global LLC, Astrotech Steels Private Ltd., and
Geekay Wires Limited.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is nails having a nominal
shaft length not exceeding 12 inches.\11\ 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.\12\
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\11\ 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.
\12\ 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).
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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 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 is 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.\13\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
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\13\ See Preliminary Decision Memorandum.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period July 1,
2017 through June 30, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC......................................... 0.00
------------------------------------------------------------------------
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.\14\ 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.\15\ Executive summaries
should be limited to five pages total, including footnotes.\16\ Case
and rebuttal briefs should be filed using ACCESS.\17\
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\14\ See 19 CFR 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ Id.
\17\ 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, 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.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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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
[[Page 37622]]
sales, in accordance with 19 CFR 351.212(b)(1).\19\ 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.\20\ 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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\19\ 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).
\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the three 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,
concerning these three companies. 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 established in the less-than-fair value investigation.\21\
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\21\ 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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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: July 24, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2019-16328 Filed 7-31-19; 8:45 am]
BILLING CODE 3510-DS-P
