Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 14309-14311 [2021-05304]
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d. exclusive or dominant supply of
critical or essential goods and materials
by or through nations that are, or may
become, unfriendly or unstable;
e. availability of substitutes or
alternative sources for critical or
essential goods and materials;
f. need for research and development
capacity to sustain leadership in the
development of goods and materials
critical or essential to semiconductor
manufacturing;
g. current domestic education and
manufacturing workforce skills and any
identified gaps, opportunities and
potential best practices;
h. role of transportation systems in
supporting the semiconductor supply
chain and risks associated with these
transportation systems;
i. risks posed by climate change to the
availability, production, or
transportation of goods and materials
critical to semiconductor
manufacturing.
(vi) Potential impact of the failure to
sustain or develop elements of the
semiconductor supply chain in the
United States on other key downstream
capabilities, including but not limited to
food resources, energy grids, public
utilities, information communications
technology (ICT), aerospace
applications, artificial intelligence
applications, 5G infrastructure,
quantum computing, supercomputer
development, and election security.
Also, the potential impact of purchases
of semi-conductor finished products by
downstream customers, including
volume and price, product generation
and alternate inputs.
(vii) Policy recommendations or
suggested executive, legislative,
regulatory changes, or actions to ensure
a resilient supply chain for
semiconductors (e.g., reshoring,
nearshoring, or developing domestic
suppliers, cooperation with allies to
identify or develop alternative supply
chains, building redundancy into
supply chains, ways to address risks
due to vulnerabilities in digital products
or climate change).
(viii) Any additional comments
relevant to the assessment of the
semiconductor manufacturing and
advanced packing supply chains
required by E.O. 14017.
Commerce encourages commenters,
when addressing the elements above, to
structure their comments using the same
text as identifiers for the areas of inquiry
to which their comments respond to
assist Commerce in more easily
reviewing and summarizing the
comments received in response to these
specific comment areas. For example, a
commenter submitting comments
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16:36 Mar 12, 2021
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responsive to (i) critical and essential
goods and materials underlying the
semiconductor supply chain, would use
that same text as a heading in the public
comment followed by the commenter’s
specific comments in this area.
Requirements for Written Comments
The https://www.regulations.gov
website allows users to provide
comments by filling in a ‘‘Type
Comment’’ field, or by attaching a
document using an ‘‘Upload File’’ field.
The Department prefers that comments
be provided in an attached document.
The Department prefers submissions in
Microsoft Word (.doc files) or Adobe
Acrobat (.pdf files). If the submission is
in an application format other than
Microsoft Word or Adobe Acrobat,
please indicate the name of the
application in the ‘‘Type Comment’’
field. Please do not attach separate cover
letters to electronic submissions; rather,
include any information that might
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comments. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file, so that the submission
consists of one file instead of multiple
files. Comments (both public comments
and non-confidential versions of
comments containing business
confidential information) will be placed
in the docket and open to public
inspection. Comments may be viewed
on https://www.regulations.gov by
entering docket number BIS–2021–0011
in the search field on the home page.
All filers should name their files
using the name of the person or entity
submitting the comments. Anonymous
comments are also accepted.
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made available for public inspection.
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confidential information should clearly
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portion at the time of submission, file a
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referring to the specific legal authority
claimed, and provide a non-confidential
version of the submission. The nonconfidential version of the submission
will be placed in the public file on
https://www.regulations.gov. For
comments submitted electronically
containing business confidential
information, the file name of the
business confidential version should
begin with the characters ‘‘BC’’. Any
page containing business confidential
information must be clearly marked
‘‘BUSINESS CONFIDENTIAL’’ on the
top of that page. The non-confidential
version must be clearly marked
‘‘PUBLIC’’. The file name of the non-
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14309
confidential version should begin with
the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’
should be followed by the name of the
person or entity submitting the
comments or rebuttal comments. If a
public hearing is held in support of this
assessment, a separate Federal Register
notice will be published providing the
date and information about the hearing.
The Bureau of Industry and Security
does not maintain a separate public
inspection facility. Requesters should
first view the Bureau’s web page, which
can be found at https://
efoia.bis.doc.gov/ (see ‘‘Electronic
FOIA’’ heading). If requesters cannot
access the website, they may call 202–
482–0795 for assistance. The records
related to this assessment are made
accessible in accordance with the
regulations published in part 4 of title
15 of the Code of Federal Regulations
(15 CFR 4.1 through 4.11).
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–05353 Filed 3–11–21; 2:00 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
steel nails (steel nails) from the
Sultanate of Oman (Oman) were not
sold in the United States at less than
normal value during the period of
review (POR), July 1, 2018, through June
30, 2019.
DATES: Applicable March 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts, 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) 482–0223.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 30, 2020, Commerce
published the Preliminary Results of the
2018–2019 antidumping duty (AD)
administrative review of steel nails from
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Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Notices
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Final Determination of No Shipments
appropriate entries of subject
In the Preliminary Results, Commerce merchandise in accordance with the
determined that Astrotech Steels Private final results of this review.
We intend to calculate importer- (or
Ltd. (Astrotech), Geekay Wires Limited
customer-) specific assessment rates on
(Geekay), and Trinity Steel Private
Limited (Trinity) made no shipments of the basis of the ratio of the total amount
of antidumping duties calculated for
the subject merchandise during the
each importer’s (or customer’s)
POR. As we have not received any
examined sales and the total entered
information to contradict our
value of the sales in accordance with 19
preliminary finding, we find that
CFR 351.212(b)(1). Where an importerAstrotech, Geekay, and Trinity did not
(or customer-) specific rate is zero or de
have any shipments of subject
minimis within the meaning of 19 CFR
merchandise during the POR and we
351.106(c)(1), we will instruct CBP to
will issue appropriate instructions to
liquidate the appropriate entries
U.S. Customs and Border Protection
(CBP) based on these final results of this without regard to antidumping duties.
Generally, when calculating margins
review.
Scope of the Order
for non-selected respondents,
Changes Since the Preliminary Results
Commerce looks to section 735(c)(5) of
The products covered by this order
the Act for guidance, which provides
Based
on
our
review
of
the
record
and
are steel nails from Oman. For a full
instructions for calculating the allcomments
received
from
interested
description of the scope of the order, see
others margin in an investigation.
parties, we made the following changes
the Issues and Decision Memorandum.
Section 735(c)(5)(A) of the Act provides
to the Preliminary Results:
that when calculating the all-others
• We recalculated the constructed
Analysis of Comments Received
value (CV) financial ratios for profit and margin, Commerce will exclude any
All issues raised in the case and
zero and de minimis weighted-average
indirect selling expenses (ISEs) by
rebuttal briefs are addressed in the
removing a financial statement from the dumping margins, as well as any
Issues and Decision Memorandum. A
weighted-average dumping margins
preliminary calculation.5
list of the issues that parties raised and
• We recalculated certain companies’ based on total facts available.
Accordingly, Commerce’s usual practice
to which we responded in the Issues
financial ratios which entailed a
has been to average the margins for
and Decision Memorandum is attached
recalculation of the overall CV profit
selected respondents, excluding margins
to this notice as an Appendix. The
and ISE ratios.6
that are zero, de minimis, or based
Issues and Decision Memorandum is a
Final Results of the Review
entirely on facts available.
public document and is on file
We have determined the following
In this review, we calculated a
electronically via Enforcement and
weighted-average dumping margin
weighted-average dumping margin of
Compliance’s Antidumping and
applies to the producers/exporters listed 0.00 percent for the only respondent in
Countervailing Duty Centralized
below for the period July 1, 2018,
this review, i.e., Oman Fasteners. In
Electronic Service System (ACCESS).
through June 30, 2019:
accordance with section 735(c)(5)(A) of
ACCESS is available to registered users
the Act, Commerce assigned Oman
at https://access.trade.gov. In addition, a
Estimated Fasteners’ weighted-average margin,
complete version of the Issues and
weighted- 0.00 percent, to the non-selected
Decision Memorandum can be accessed
average
Exporter/producer
companies in these final results. The
dumping
directly at https://enforcement.trade.gov/
rate calculated for the non-selected
margin
frn//. The signed and
(percent)
companies is a weighted-average
electronic versions of the Issues and
percentage margin which is calculated
Decision Memorandum are identical in
Oman Fasteners LLC .................
0.00
based on the U.S. value of Oman
content.
Al Kiyumi Global LLC .................
0.00
Fasteners, the only respondent
Modern Factory for Metal Prod1 See Certain Steel Nails from the Sultanate of
ucts ..........................................
0.00 reviewed, with an affirmative AD
WWL India Private Ltd ...............
0.00 margin.7 Accordingly, we have applied
Oman: Preliminary Results of Antidumping Duty
a rate of 0.00 percent to the non-selected
Administrative Review and Preliminary
Determination of No-Shipments; 2018–2019, 85 FR
companies.
Disclosure
and
Public
Comment
61720 (September 30, 2020) (Preliminary Results),
Further, because we find in these final
and accompanying Preliminary Decisions
We intend to disclose the calculations
results that Astrotech, Geekay, and
Memorandum.
performed to parties in this proceeding
2 This review covers the following companies:
Trinity had no shipments of subject
within five days after publication of
Oman Fasteners LLC, Al Kiyumi Global LLC,
merchandise during the POR, we will
Modern Factory for Metal Products, and WWL India these final results in the Federal
instruct CBP to liquidate any suspended
Private Ltd.
Register, in accordance with section
entries that entered under its AD case
3 See Commerce’s Letter, ‘‘2018–2019
751(a) of the Act and 19 CFR 351.224(b).
number (i.e., at the exporter’s rate) or at
Administrative Review of the Antidumping Duty
Order on Certain Steel Nails from the Sultanate of
the all-others rate if there is no rate for
Assessment Rates
Oman: Extension of Deadline for Final Results of
Pursuant to section 751(a)(2)(C) of the the intermediate company(ies) involved
Antidumping Duty Administrative Review,’’ dated
in the transaction.
January 8, 2021.
Act, and 19 CFR 351.212(b)(1),
4 See Memorandum, ‘‘Issues and Decision
Commerce shall determine, and CBP
7 See Ball Bearings and Parts Thereof from
Memorandum for the Final Results of the 2018–
shall assess, antidumping duties on all
Oman.1 This administrative review
covers four producers and/or exporters
of the subject merchandise.2 Commerce
selected Oman Fasteners LLC (Oman
Fasteners) for individual examination.
The producers/exporters not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice. On January 8, 2021,
Commerce extended the due date for
issuing the final results of this review by
28 days, until February 25, 2021.3 For
a complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.4
2019 Administrative Review of the Antidumping
Duty Order on Certain Steel Nails from the
Sultanate of Oman,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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16:36 Mar 12, 2021
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5 See Issues and Decision Memorandum at
Comment 2.
6 Id. at Comment 3.
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France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
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Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.8
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
and for future cash deposits of estimated
duties, where applicable. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
khammond on DSKJM1Z7X2PROD with NOTICES
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)(C) of the Act: (1) The
cash deposit rate for respondents noted
above will be the rate established in the
final results of this administrative
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(I), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by producers 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 less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
8 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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16:36 Mar 12, 2021
Jkt 253001
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 20.58 percent, the
all-others rate established in the LTFV
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
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 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 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.
Notice to Interested Parties
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.
Dated: February 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in
Rejecting Inmax Holding Company Ltd.’s
Financial Statements
Comment 2: Which Financial Statements
are the Appropriate Source for the
9 See Steel Concrete Reinforcing Bar from Mexico:
Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of
Critical Circumstances, 79 FR 54967 (September 15,
2014).
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14311
Calculation of Constructed Value (CV)
Profit and Indirect Selling Expense (ISE)
Ratios
Comment 3: Whether Commerce Should
Adjust the CV Profit and ISE Ratios
Derived from the Financial Statements
used for CV
Comment 4: Whether Commerce Should
Allow a Profit Cap
Comment 5: Whether Commerce’s Targeted
Differential Pricing Methodology is
Unlawful
VI. Recommendation
[FR Doc. 2021–05304 Filed 3–12–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) From
Taiwan: Final Results of Antidumping
Duty Administrative Review; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2020, the
Department of Commerce (Commerce)
published the preliminary results of the
administrative review of the
antidumping duty (AD) order on
polyethylene terephthalate film, sheet,
and strip (PET film) from Taiwan. The
period of review (POR) is July 1, 2018,
through June 30, 2019. We continue to
find that Nan Ya Plastics Corporation
(Nan Ya) did not make sales at less than
normal value and that Shinkong
Materials Technology Corporation
(SMTC) had no shipments of subject
merchandise during the POR.
DATES: Applicable March 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, 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) 482–5255.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 23, 2020, Commerce
published the Preliminary Results for
this administrative review.1 In the
Preliminary Results, we invited
interested parties to comment within 30
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 74673 (November 23, 2020)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
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Agencies
[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Notices]
[Pages 14309-14311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
steel nails (steel nails) from the Sultanate of Oman (Oman) were not
sold in the United States at less than normal value during the period
of review (POR), July 1, 2018, through June 30, 2019.
DATES: Applicable March 15, 2021.
FOR FURTHER INFORMATION CONTACT: Dakota Potts, 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) 482-0223.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2020, Commerce published the Preliminary Results
of the 2018-2019 antidumping duty (AD) administrative review of steel
nails from
[[Page 14310]]
Oman.\1\ This administrative review covers four producers and/or
exporters of the subject merchandise.\2\ Commerce selected Oman
Fasteners LLC (Oman Fasteners) for individual examination. The
producers/exporters not selected for individual examination are listed
in the ``Final Results of the Review'' section of this notice. On
January 8, 2021, Commerce extended the due date for issuing the final
results of this review by 28 days, until February 25, 2021.\3\ For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No-Shipments; 2018-2019, 85 FR 61720
(September 30, 2020) (Preliminary Results), and accompanying
Preliminary Decisions Memorandum.
\2\ This review covers the following companies: Oman Fasteners
LLC, Al Kiyumi Global LLC, Modern Factory for Metal Products, and
WWL India Private Ltd.
\3\ See Commerce's Letter, ``2018-2019 Administrative Review of
the Antidumping Duty Order on Certain Steel Nails from the Sultanate
of Oman: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated January 8, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from the Sultanate of
Oman,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are steel nails from Oman. For a
full description of the scope of the order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an Appendix. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn//. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Astrotech
Steels Private Ltd. (Astrotech), Geekay Wires Limited (Geekay), and
Trinity Steel Private Limited (Trinity) made no shipments of the
subject merchandise during the POR. As we have not received any
information to contradict our preliminary finding, we find that
Astrotech, Geekay, and Trinity did not have any shipments of subject
merchandise during the POR and we will issue appropriate instructions
to U.S. Customs and Border Protection (CBP) based on these final
results of this review.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made the following changes to the Preliminary
Results:
We recalculated the constructed value (CV) financial
ratios for profit and indirect selling expenses (ISEs) by removing a
financial statement from the preliminary calculation.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
We recalculated certain companies' financial ratios which
entailed a recalculation of the overall CV profit and ISE ratios.\6\
---------------------------------------------------------------------------
\6\ Id. at Comment 3.
---------------------------------------------------------------------------
Final Results of the Review
We have determined the following weighted-average dumping margin
applies to the producers/exporters listed below for the period July 1,
2018, through June 30, 2019:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(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
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Act and
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
We intend to calculate importer- (or customer-) specific assessment
rates on the basis of the ratio of the total amount of antidumping
duties calculated for each importer's (or customer's) examined sales
and the total entered value of the sales in accordance with 19 CFR
351.212(b)(1). Where an importer- (or customer-) specific rate is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Generally, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others margin in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others margin, Commerce will exclude any zero and
de minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available.
In this review, we calculated a weighted-average dumping margin of
0.00 percent for the only respondent in this review, i.e., Oman
Fasteners. In accordance with section 735(c)(5)(A) of the Act, Commerce
assigned Oman Fasteners' weighted-average margin, 0.00 percent, to the
non-selected companies in these final results. The rate calculated for
the non-selected companies is a weighted-average percentage margin
which is calculated based on the U.S. value of Oman Fasteners, the only
respondent reviewed, with an affirmative AD margin.\7\ Accordingly, we
have applied a rate of 0.00 percent to the non-selected companies.
---------------------------------------------------------------------------
\7\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Further, because we find in these final results that Astrotech,
Geekay, and Trinity had no shipments of subject merchandise during the
POR, we will instruct CBP to liquidate any suspended entries that
entered under its AD case number (i.e., at the exporter's rate) or at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
[[Page 14311]]
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, 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.\8\
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\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
under review and for future cash deposits of estimated duties, where
applicable. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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)(C) of the Act: (1) The cash deposit rate for respondents
noted above will be the rate established in the final results of this
administrative review, except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(I),
in which case the cash deposit rate will be zero; (2) for merchandise
exported by producers 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 less-than-fair-value (LTFV) investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 20.58 percent, the all-
others rate established in the LTFV investigation.\9\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Steel Concrete Reinforcing Bar from Mexico: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 79 FR 54967 (September 15,
2014).
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Notification to Importers
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 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 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.
Notice to Interested Parties
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.
Dated: February 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in Rejecting Inmax Holding
Company Ltd.'s Financial Statements
Comment 2: Which Financial Statements are the Appropriate Source
for the Calculation of Constructed Value (CV) Profit and Indirect
Selling Expense (ISE) Ratios
Comment 3: Whether Commerce Should Adjust the CV Profit and ISE
Ratios Derived from the Financial Statements used for CV
Comment 4: Whether Commerce Should Allow a Profit Cap
Comment 5: Whether Commerce's Targeted Differential Pricing
Methodology is Unlawful
VI. Recommendation
[FR Doc. 2021-05304 Filed 3-12-21; 8:45 am]
BILLING CODE 3510-DS-P