Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No-Shipments; 2018-2019, 61720-61722 [2020-21582]
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61720
Federal Register / Vol. 85, No. 190 / Wednesday, September 30, 2020 / Notices
members (duty rate ranges from dutyfree to 8.8%). The request indicates that
certain materials/components are
subject to duties under Section 232 of
the Trade Expansion Act of 1962
(Section 232) or Section 301 of the
Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 232 and Section 301
decisions require subject merchandise
to be admitted to FTZs in privileged
foreign status (19 CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 9, 2020.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: September 24, 2020
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–21583 Filed 9–29–20; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Order
The merchandise covered by this
Order is steel nails having a nominal
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 Preliminary Determination
of No-Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain steel nails (steel nails) from
the Sultanate of Oman (Oman) are not
being sold in the United States at less
than normal value during the period of
review (POR) of July 1, 2018 through
June 30, 2019. Additionally, we
preliminarily find that certain
companies made no shipments during
the POR.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts at (202) 482–0223 or
Stephen Bailey at (202) 482–0193, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
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On July 13, 2015, Commerce
published the antidumping duty (AD)
Order on nails from Oman.1 On July 1,
2019, Commerce notified interested
parties of the opportunity to request an
administrative review of orders with
anniversaries in July 2019.2 On July 31,
2019, Oman Fasteners LLC (Oman
Fasteners) and Mid Continent Steel &
Wire, Inc. (the petitioner) each
requested that Commerce conduct an
administrative review with respect to
seven companies.3 On September 9,
2019, Commerce initiated the AD
administrative review of steel nails from
Oman for the POR.4 On October 4, 2019,
Commerce selected Oman Fasteners as
the sole mandatory respondent in this
review and issued the intial AD
questionnaire.5 Between November 1,
2019 and June 12, 2020, Oman Fasteners
timely responded to Commerce’s
requests for information.
On March 18, 2020, Commerce
extended the deadline for the
preliminary results of this review by 65
days.6 On April 24, 2020, Commerce
tolled all deadlines in administrative
reviews by 50 days,7 and again on July
21, 2020, by an additional 60 days,8
thereby extending the deadline for these
results until September 23, 2020.
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, 84 FR 31295
(July 1, 2019).
3 See Petitioner’s Letter, ‘‘Certain Steel Nails from
Oman: Request for Administrative Reviews,’’ dated
July 31, 2019; see also Oman Fasteners’ Letter,
‘‘Certain Steel Nails from Oman; Fourth Review;
Oman Fasteners’ Request for Review,’’ dated July
31, 2019.
4 The following exporters and/or producers of
steel nails from Oman are subject to this review: (1)
Al Kiyumi Global LLC (Al Kiyumi); (2) Astrotech
Steels Private Ltd. (Astrotech); (3) Geekay Wires
Limited (Geekay); (4) Modern Factory For Metal
Products (Modern Factory); (5) Oman Fasteners; (6)
Trinity Steel Private Limited (Trinity); and (7) WWL
India Private Ltd (WWL India). See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9,
2019) (Initiation Notice).
5 See Commerce’s Letter dated October 4, 2019.
6 See Memorandum, ‘‘Certain Steel Nails from the
Sultanate of Oman: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 18, 2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April, 24,
2020.
8 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
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shaft length not exceeding 12 inches.9
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.10
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly 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
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.11 A list of
topics included in the Preliminary
9 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.
10 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2018–2019 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).
11 See Preliminary Decision Memorandum.
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Decision Memorandum is included as
an Appendix to this notice.
Preliminary Determination of No
Shipments
On October 1, 3, and 4, Astrotech,
Geekay, and Trinity, respectively,
submitted letters certifying that each
company had no exports or sales of
subject merchandise into the United
States during the POR.12 U.S. Customs
and Border Protection (CBP) did not
have any information to contradict these
claims of no shipments during the POR.
Therefore, we preliminarily determine
that Astrotech, Geekay, and Trinity did
not have any reviewable transactions
during the POR. Consistent with
Commerce’s practice, we will not
rescind the review with respect to
Astrotech, Geekay, and Trinity, but
rather will complete the review and
issue instructions to CBP based on the
final results.13
Rate for Non-Examined Companies
jbell on DSKJLSW7X2PROD with NOTICES
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
12 See Astrotech’s Letter, ‘‘Certain Steel Nails
from Oman Request for No Shipment During the
Period of Review (POR),’’ dated October 1, 2019;
Geekay’s Letter, ‘‘Certain Steel Nails—Oman
Request for No Shipment during the Period of
Review (POR),’’ dated October 3, 2019; and
Trinity’s Letter, ‘‘Certain Steel Nails—Oman Notice
of No Sales During the Period of Review (POR),’’
dated October 4, 2019.
13 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
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17:36 Sep 29, 2020
Jkt 250001
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In this review, we have calculated a
weighted-average dumping margin for
the sole respondent, Oman Fasteners of
zero percent. Accordingly, we have
assigned to the companies not
individually examined a margin of 0.00
percent, the sole margin calculated in
this proceeding.
within 30 days of the publication of this
notice in the Federal Register. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. 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
Preliminary Results of Review
Compliance, filed electronically via
As a result of this review, we
ACCESS within 30 days after the date of
preliminarily determine the following
publication of this notice. Requests
weighted-average dumping margins for
should contain: (1) The party’s name,
the period July 1, 2018 through June 30, address, and telephone number; (2) the
2019:
number of participants; and (3) a list of
the issues to be discussed. Issues raised
Weighted- in the hearing will be limited to those
average
raised in the respective case and
Exporter/producer
dumping
rebuttal briefs. We intend to issue the
margins
(percent)
final results of this administrative
review, including the results of our
Oman Fasteners LLC .................
0.00 analysis of issues raised by the parties
Al Kiyumi Global LLC .................
0.00
in the written comments, within 120
Modern Factory For Metal Products ..........................................
0.00 days of publication of these preliminary
WWL India Private Ltd ...............
0.00 results in the Federal Register, unless
otherwise extended.19
Disclosure and Public Comment
Assessment Rates
Commerce intends to disclose the
Upon completion of the
calculations used in our analysis to
administrative review, Commerce shall
interested parties in this review within
determine, and CBP shall assess,
five days of the date of publication of
antidumping duties on all appropriate
this notice in accordance with 19 CFR
entries. Commerce intends to issue
351.224(b). Interested parties are invited assessment instructions to CBP 15 days
to comment on the preliminary results
after the date of publication of the final
of this review. Pursuant to 19 CFR
results of this review.
351.309(c)(1)(ii), interested parties may
For any individually examined
submit case briefs no later than 30 days
respondents whose weighted-average
after the date of publication of this
dumping margin is above de minimis
notice. Rebuttal briefs, limited to issues
(i.e., 0.50 percent), we will calculate
raised in the case briefs, may be filed no importer-specific ad valorem duty
later than seven days after the time limit assessment rates on the basis of the ratio
for filing case briefs.14
of the total amount of dumping
Note that Commerce has temporarily
calculated for an importer’s examined
modified certain of its requirements for
sales and the total entered value of such
serving documents containing business
sales, in accordance with 19 CFR
proprietary information, until further
351.212(b)(1).20 For entries of subject
notice.15 Parties who submit case briefs
merchandise during the POR produced
or rebuttal briefs in this proceeding are
by each respondent for which it did not
requested to submit with each brief: (1)
know its merchandise was destined for
A statement of the issue, (2) a brief
the United States, we will instruct CBP
summary of the argument, and (3) a
to liquidate such entries at the all-others
table of authorities.16 Executive
rate if there is no rate for the
summaries should be limited to five
intermediate company(ies) involved in
pages total, including footnotes.17 Case
the transaction.21 Where either the
and rebuttal briefs should be filed using respondent’s weighted-average dumping
ACCESS.18
margin is zero or de minimis, or an
Pursuant to 19 CFR 351.310(c), any
importer-specific assessment rate is zero
interested party may request a hearing
or de minimis, we will instruct CBP to
14 See
19 CFR 351.309(d)(1).
19 CFR 351.303 (for general filing
requirements); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19,
85 FR 17006 (March 26, 2020) (Temporary Rule);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 Id.
18 See 19 CFR 351.303.
15 See
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19 See
section 751(a)(3)(A) of the Act.
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).
21 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
20 In
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Federal Register / Vol. 85, No. 190 / Wednesday, September 30, 2020 / Notices
liquidate the appropriate entries
without regard to antidumping duties.
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the methodology described in
the ‘‘Rates for Non-Examined
Companies’’ section.
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, as it is for Oman Fasteners LLC
in these preliminary results. In that
case, 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, then 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.22
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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
22 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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17:36 Sep 29, 2020
Jkt 250001
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 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: September 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Determinations’’ section of this notice.
Interested parties are invited to
comment on these preliminary
determinations.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta at (202) 482–2593
(Argentina); Hermes Pinilla at (202)
482–3477 (Colombia); David Crespo at
(202) 482–3693 (Egypt); Bryan Hansen
at (202) 482–3683 (the Netherlands);
Drew Jackson at (202) 482–4406 (Saudi
Arabia); David Goldberger at (202) 482–
4136 (Turkey); and Charles Doss at (202)
482–4474 (UAE), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of
initiation of these investigations on May
13, 2020.1 Acindar Industria De Sinal
S.A. (Acindar) is the sole mandatory
respondent in the investigation covering
PC strand from Argentina; Knight S.A.S.
(Knight SAS) is the sole mandatory
respondent in the investigation covering
PC strand from Colombia; United Wires
Company Elsewedy is the sole
[FR Doc. 2020–21582 Filed 9–29–20; 8:45 am]
mandatory respondent in the
BILLING CODE 3510–DS–P
investigation covering PC strand from
Egypt; Nedri Spanstaal BV is the sole
mandatory respondent in the
DEPARTMENT OF COMMERCE
investigation covering PC strand from
the Netherlands; National Metal
International Trade Administration
Manufacturing & Casting Co. (National
[A–357–822, A–301–804, A–729–804, A–421–
Metal Manufacturing) is the sole
814, A–517–806, A–489–842, A–520–809]
mandatory respondent in the
investigation covering PC strand from
Prestressed Concrete Steel Wire
Saudi Arabia; Celik Halat ve Tel Sanayi
Strand From Argentina, Colombia,
A.S. (Celik Halat) and Gu¨ney C
¸ elik Hasir
Egypt, the Netherlands, Saudi Arabia,
the Republic of Turkey, and the United ve Demir (Gu¨ney Celik) are the
Arab Emirates: Preliminary Affirmative mandatory respondents in the
investigation covering PC strand from
Determinations of Sales at Less Than
Turkey; and GSS International Trading
Fair Value and Preliminary Affirmative
Critical Circumstances Determinations, FZE (GSS) and Gulf Steel Strands FZE
(Gulf Steel) are the mandatory
in Part
respondents in the investigation
AGENCY: Enforcement and Compliance,
covering PC strand from the UAE. For
International Trade Administration,
a complete description of the events that
Department of Commerce.
followed the initiation of these
SUMMARY: The Department of Commerce investigations, see the Preliminary
(Commerce) preliminarily determines
Decision Memoranda.2 A list of topics
that prestressed concrete steel wire
1 See Prestressed Concrete Steel Wire Strand from
strand (PC strand) from Argentina,
Colombia, Egypt, the Netherlands, Saudi Argentina, Colombia, Egypt, Indonesia, Italy,
Arabia, the Republic of Turkey (Turkey), Malaysia, the Netherlands, Saudi Arabia, Spain,
Taiwan, Tunisia, the Republic of Turkey, Ukraine,
and the United Arab Emirates (UAE) is
and the United Arab Emirates: Initiation of Lessbeing, or is likely to be, sold in the
Than-Fair Value Investigations, 85 FR 28605 (May
13, 2020) (Initiation Notice).
United States at less than fair value
2 See Memorandum, ‘‘Decision Memorandum for
(LTFV). The period of investigation
Preliminary Determinations in the Less-Than(POI) is April 1, 2019 through March 31, the
Fair-Value Investigations of Prestressed Concrete
2020. The estimated margins of sales at
Steel Wire Strand from Argentina, Colombia, Egypt,
the Netherlands, Saudi Arabia, Taiwan and the
LTFV are shown in the ‘‘Preliminary
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VII. Recommendation
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]]>Agencies
[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Notices]
[Pages 61720-61722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21582]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No-Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain steel nails (steel nails) from the Sultanate of Oman
(Oman) are not being sold in the United States at less than normal
value during the period of review (POR) of July 1, 2018 through June
30, 2019. Additionally, we preliminarily find that certain companies
made no shipments during the POR.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT: Dakota Potts at (202) 482-0223 or
Stephen Bailey at (202) 482-0193, AD/CVD Operations, Office IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
On July 13, 2015, Commerce published the antidumping duty (AD)
Order on nails from Oman.\1\ On July 1, 2019, Commerce notified
interested parties of the opportunity to request an administrative
review of orders with anniversaries in July 2019.\2\ On July 31, 2019,
Oman Fasteners LLC (Oman Fasteners) and Mid Continent Steel & Wire,
Inc. (the petitioner) each requested that Commerce conduct an
administrative review with respect to seven companies.\3\ On September
9, 2019, Commerce initiated the AD administrative review of steel nails
from Oman for the POR.\4\ On October 4, 2019, Commerce selected Oman
Fasteners as the sole mandatory respondent in this review and issued
the intial AD questionnaire.\5\ Between November 1, 2019 and June 12,
2020, Oman Fasteners timely responded to Commerce's requests for
information.
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\1\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 31295 (July 1, 2019).
\3\ See Petitioner's Letter, ``Certain Steel Nails from Oman:
Request for Administrative Reviews,'' dated July 31, 2019; see also
Oman Fasteners' Letter, ``Certain Steel Nails from Oman; Fourth
Review; Oman Fasteners' Request for Review,'' dated July 31, 2019.
\4\ The following exporters and/or producers of steel nails from
Oman are subject to this review: (1) Al Kiyumi Global LLC (Al
Kiyumi); (2) Astrotech Steels Private Ltd. (Astrotech); (3) Geekay
Wires Limited (Geekay); (4) Modern Factory For Metal Products
(Modern Factory); (5) Oman Fasteners; (6) Trinity Steel Private
Limited (Trinity); and (7) WWL India Private Ltd (WWL India). See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 84 FR 47242 (September 9, 2019) (Initiation Notice).
\5\ See Commerce's Letter dated October 4, 2019.
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On March 18, 2020, Commerce extended the deadline for the
preliminary results of this review by 65 days.\6\ On April 24, 2020,
Commerce tolled all deadlines in administrative reviews by 50 days,\7\
and again on July 21, 2020, by an additional 60 days,\8\ thereby
extending the deadline for these results until September 23, 2020.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Certain Steel Nails from the Sultanate of
Oman: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review,'' dated March 18, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is steel nails having a
nominal shaft length not exceeding 12 inches.\9\ 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.\10\
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\9\ 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.
\10\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2018-2019 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. 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 Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\11\ A list of
topics included in the Preliminary
[[Page 61721]]
Decision Memorandum is included as an Appendix to this notice.
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\11\ See Preliminary Decision Memorandum.
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Preliminary Determination of No Shipments
On October 1, 3, and 4, Astrotech, Geekay, and Trinity,
respectively, submitted letters certifying that each company had no
exports or sales of subject merchandise into the United States during
the POR.\12\ U.S. Customs and Border Protection (CBP) did not have any
information to contradict these claims of no shipments during the POR.
Therefore, we preliminarily determine that Astrotech, Geekay, and
Trinity did not have any reviewable transactions during the POR.
Consistent with Commerce's practice, we will not rescind the review
with respect to Astrotech, Geekay, and Trinity, but rather will
complete the review and issue instructions to CBP based on the final
results.\13\
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\12\ See Astrotech's Letter, ``Certain Steel Nails from Oman
Request for No Shipment During the Period of Review (POR),'' dated
October 1, 2019; Geekay's Letter, ``Certain Steel Nails--Oman
Request for No Shipment during the Period of Review (POR),'' dated
October 3, 2019; and Trinity's Letter, ``Certain Steel Nails--Oman
Notice of No Sales During the Period of Review (POR),'' dated
October 4, 2019.
\13\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have calculated a weighted-average dumping
margin for the sole respondent, Oman Fasteners of zero percent.
Accordingly, we have assigned to the companies not individually
examined a margin of 0.00 percent, the sole margin calculated in this
proceeding.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2018
through June 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC.......................................... 0.00
Al Kiyumi Global LLC........................................ 0.00
Modern Factory For Metal Products........................... 0.00
WWL India Private Ltd....................................... 0.00
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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 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 seven days after the
time limit for filing case briefs.\14\
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\14\ See 19 CFR 351.309(d)(1).
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Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\ 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.\16\ Executive summaries
should be limited to five pages total, including footnotes.\17\ Case
and rebuttal briefs should be filed using ACCESS.\18\
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\15\ See 19 CFR 351.303 (for general filing requirements); see
also Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ Id.
\18\ 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 request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. 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.\19\
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\19\ 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 sales, in
accordance with 19 CFR 351.212(b)(1).\20\ 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.\21\ 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
[[Page 61722]]
liquidate the appropriate entries without regard to antidumping duties.
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\20\ 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).
\21\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section.
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, as it is for Oman
Fasteners LLC in these preliminary results. In that case, 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, then 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.\22\
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\22\ 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 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: September 23, 2020.
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. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-21582 Filed 9-29-20; 8:45 am]
BILLING CODE 3510-DS-P
