Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020, 29244-29246 [2021-11464]
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29244
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices
merchandise, constitute merchandise
‘‘altered in form or appearance in minor
respects’’ from in-scope merchandise
that are subject to this order.9
Imports of the subject merchandise
are provided for under Harmonized
Tariff Schedule of the United States
(HTSUS) categories 4802.56.1000,
4802.56.2000, 4802.56.3000,
4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040,
4802.57.1000, 4802.57.2000,
4802.57.3000, and 4802.57.4000. Some
imports of subject merchandise may
also be classified under 4802.62.1000,
4802.62.2000, 4802.62.3000,
4802.62.5000, 4802.62.6020,
4802.62.6040, 4802.69.1000,
4802.69.2000, 4802.69.3000,
4811.90.8050 and 4811.90.9080. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum.10 A list of the topics
discussed in the Issues and Decision
Memorandum is attached as an
appendix to this notice. 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/.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, we determine that
revocation of the Order would be likely
to lead to continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
Net
countervailable
subsidy
(percent)
Manufacturers/producers/exporters
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Offshore Limited, PT Asia Pacific Rayon,
PT Sateri Viscose International, A P Fine Paper Trading (Hong Kong) Limited, and APRIL International Enterprise Pte.
Ltd ..............................................................................................................................................................................................
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper Mills ....................................................
Great Champ Trading Limited .......................................................................................................................................................
All Others .......................................................................................................................................................................................
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under an APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials, or
conversion to judicial protective orders,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing the
final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act, and 19 CFR
351.218(f)(3).
Dated: May 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–11461 Filed 5–28–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of certain steel nails (steel
nails) from the Sultanate of Oman
(Oman) have been made below normal
value during the period of review (POR),
9 See Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 41610
(September 1, 2017).
10 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited First Sunset
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PO 00000
Frm 00012
July 1, 2019, through June 30, 2020.
Further, Commerce is rescinding the
administrative review, in part, with
respect to Astrotech Steels Private Ltd.
(Astrotech), Geekay Wires Limited
(Geekay), Overseas International Steel
Industry LLC & Overseas Distribution
Services Inc. (Overseas), Trinity Steel
Private Limited (Trinity Steel),
Universal Freight Services LLC
(Universal Freight Services), and WWL
India Private Ltd (WWL India).
Interested parties are invited to
comment on this preliminary
determination.
DATES:
Certain Steel Nails From the Sultanate
of Oman: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review; 2019–2020
AGENCY:
Appendix
jbell on DSKJLSW7X2PROD with NOTICES
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
Fmt 4703
Sfmt 4703
21.21
109.14
103.99
21.21
Applicable June 1, 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
Commerce is conducting an
administrative review of the
antidumping duty order on steel nails
Review of the Countervailing Duty Order on Certain
Uncoated Paper from Indonesia,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices
from Oman.1 On July 1, 2020,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 The notice of initiation
published on September 3, 2020.3 On
October 2, 2020, Commerce selected
Oman Fasteners LLC (Oman Fasteners)
as the sole mandatory respondent.4 For
a complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5
Scope of the Order
The products covered by the Order
are nails from Oman. For a complete
description of the scope, see the
Preliminary Decision Memorandum.6
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of initiation of
the requested review. On September 21,
2020, Mid Continent Steel & Wire (the
petitioner) withdrew its requests for an
administrative review of Astrotech,
Geekay, Overseas, Trinity Steel,
Universal Freight Services, and WWL
India. No other party requested a review
of these companies. Accordingly, we are
rescinding this review with respect to
these companies, pursuant to 19 CFR
351.213(d)(1). The review will continue
with respect to Oman Fasteners.
jbell on DSKJLSW7X2PROD with NOTICES
Methodology
Commerce is conducting this
administrative review in accordance
with sections 751(a)(1)(B) and (2) of the
Tariff Act of 1930 (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.
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, 85 FR 39531
(July 1, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020) (Initiation Notice).
4 See Commerce’s Letter, dated October 2, 2020.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review of Certain Steel Nails from
the Sultanate of Oman; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 Id.
VerDate Sep<11>2014
18:20 May 28, 2021
Jkt 253001
For a full discussion of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as in appendix II to this notice.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period July 1, 2019,
through June 30, 2020:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Oman Fasteners LLC .................
1.76
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.7 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.8
Commerce intends to issues
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
summons is timely 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).
Pursuant to 19 CFR 351.212(b)(1),
where an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), we calculated an importerspecific ad valorem duty assessment
rate based on the ratio of the total
amount of dumping calculated for the
U.S. sales for a given importer to the
total entered value of those sales. Where
7 See
8 See
PO 00000
19 CFR 351.212(b).
section 751(a)(2)(C) of the Act.
Frm 00013
Fmt 4703
Sfmt 4703
29245
the mandatory respondent did not
report entered value, we calculated the
entered value in order to calculate the
assessment rate. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), 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.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by Oman Fasteners 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 such
unreviewed entries pursuant to the
reseller policy,9 i.e., the assessment rate
for such entries will be equal to the allothers rate established in the
investigation (i.e. 9.10 percent),10 if
there is no rate for the intermediate
company(ies) involved in the
transaction.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
steel nails from Oman entered, or
withdrawn from warehouse, for
consumption on or after the publication
date 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 exporters listed
above will be that established in the
final results of this review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not
participating in this review, 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 company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the less-than-fair value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See Certain Steel Nails from the Republic of
Oman: Final Determination of Sales at Less Than
Fair Value, 80 FR 28955 (May 20, 2015).
E:\FR\FM\01JNN1.SGM
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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices
rate for all other manufacturers or
exporters will continue to be 9.10
percent, the all-others rate made
effective by the LTFV investigation.11
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.12
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.13 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.14 Case and rebuttal briefs
should be filed using ACCESS and must
be served on interested parties.15 Note
that Commerce has modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Acting Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. Hearing
requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
issues raised in the briefs. If a request
for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.17 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
An electronically-filed request for a
hearing must be received successfully in
its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.18
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in all written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise
extended.19
II. Background
III. Scope of the AD Order
IV. Rescission of Requested Companies
V. Discussion of the methodology
VI. Recommendation
[FR Doc. 2021–11464 Filed 5–28–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) 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
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
SUPPLEMENTARY INFORMATION:
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce)
and the International Trade Commission
automatically initiate and conduct
reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for July 2021
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in July 2021 and
will appear in that month’s notice of
Initiation of Five-Year Sunset Reviews
(Sunset Review).
jbell on DSKJLSW7X2PROD with NOTICES
Department contact
Antidumping Duty Proceedings
Carbon Steel Butt-Weld Pipe Fittings from Brazil, A–351–602 (5th Review) .........................................
Carbon Steel Butt-Weld Pipe Fittings from China, A–570–814 (5th Review) .........................................
Hydrofluorocarbon Blends and Components Thereof from China, A–570–028 (1st Review) ................
Porcelain-on-Steel Cooking Ware from China, A–570–506 (5th Review) ...............................................
Carbon Steel Butt-Weld Pipe Fittings from Japan, A–588–602 (5th Review) .........................................
Stainless Steel Wire Rod from Japan, A–588–843 (4th Review) ............................................................
Stainless Steel Wire Rod from South Korea, A–580–829 (4th Review) .................................................
Carbon Steel Butt-Weld Pipe Fittings from Taiwan, A–583–605 (5th Review) .......................................
Stainless Steel Wire Rod from Taiwan, A–583–828 (4th Review) ..........................................................
Carbon Steel Butt-Weld Pipe Fittings from Thailand, A–549–807 (5th Review) .....................................
11 Id.
14 See
12 See
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
18:20 May 28, 2021
Jkt 253001
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
15 See
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Thomas Martin, (202) 482–3936.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolbert, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
17 See
19 CFR 351.310(c).
19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
19 See section 751(a)(3)(A) of the Act.
18 See
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]]>Agencies
[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29244-29246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11464]
-----------------------------------------------------------------------
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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain steel nails (steel nails) from the Sultanate of
Oman (Oman) have been made below normal value during the period of
review (POR), July 1, 2019, through June 30, 2020. Further, Commerce is
rescinding the administrative review, in part, with respect to
Astrotech Steels Private Ltd. (Astrotech), Geekay Wires Limited
(Geekay), Overseas International Steel Industry LLC & Overseas
Distribution Services Inc. (Overseas), Trinity Steel Private Limited
(Trinity Steel), Universal Freight Services LLC (Universal Freight
Services), and WWL India Private Ltd (WWL India). Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable June 1, 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
Commerce is conducting an administrative review of the antidumping
duty order on steel nails
[[Page 29245]]
from Oman.\1\ On July 1, 2020, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ The notice of initiation published on September 3,
2020.\3\ On October 2, 2020, Commerce selected Oman Fasteners LLC (Oman
Fasteners) as the sole mandatory respondent.\4\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\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, 85 FR 39531 (July 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\4\ See Commerce's Letter, dated October 2, 2020.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review of Certain Steel
Nails from the Sultanate of Oman; 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are nails from Oman. For a
complete description of the scope, see the Preliminary Decision
Memorandum.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of initiation of the requested review. On September 21,
2020, Mid Continent Steel & Wire (the petitioner) withdrew its requests
for an administrative review of Astrotech, Geekay, Overseas, Trinity
Steel, Universal Freight Services, and WWL India. No other party
requested a review of these companies. Accordingly, we are rescinding
this review with respect to these companies, pursuant to 19 CFR
351.213(d)(1). The review will continue with respect to Oman Fasteners.
Methodology
Commerce is conducting this administrative review in accordance
with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930 (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 discussion of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as in appendix II to
this notice.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period July 1, 2019, through June 30,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC......................................... 1.76
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\7\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.212(b).
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce intends to issues 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 summons is timely 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).
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we calculated an importer-specific ad valorem duty
assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where the mandatory respondent did not report
entered value, we calculated the entered value in order to calculate
the assessment rate. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), 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.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Oman Fasteners 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 such unreviewed entries pursuant to the
reseller policy,\9\ i.e., the assessment rate for such entries will be
equal to the all-others rate established in the investigation (i.e.
9.10 percent),\10\ if there is no rate for the intermediate
company(ies) involved in the transaction.
---------------------------------------------------------------------------
\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\10\ See Certain Steel Nails from the Republic of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of steel nails from Oman entered, or withdrawn from
warehouse, for consumption on or after the publication date 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 exporters
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not participating in this review, 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
company was reviewed; (3) if the exporter is not a firm covered in this
review, a prior review, or the less-than-fair value (LTFV)
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recently completed segment of this
proceeding for the manufacturer of subject merchandise; and (4) the
cash deposit
[[Page 29246]]
rate for all other manufacturers or exporters will continue to be 9.10
percent, the all-others rate made effective by the LTFV
investigation.\11\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ Id.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\12\ 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.\13\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\ Case and
rebuttal briefs should be filed using ACCESS and must be served on
interested parties.\15\ Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\16\
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\12\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) The party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined.\17\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
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An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\18\ Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in all written briefs, not
later than 120 days after the publication of these preliminary results
in the Federal Register pursuant to section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(1), unless otherwise extended.\19\
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\18\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\19\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the AD Order
IV. Rescission of Requested Companies
V. Discussion of the methodology
VI. Recommendation
[FR Doc. 2021-11464 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P
