Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 43177-43178 [2021-16841]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43177-43178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16841]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
sales of certain steel nails (steel nails) from the United Arab 
Emirates (UAE) were made at less than normal value during the period of 
review (POR) May 1, 2019, through April 30, 2020. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable August 6, 2021.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Kelsie Hohenberger, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3860 or (202) 
482-2517.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2020, Commerce initiated an administrative review of 
the antidumping duty order on steel nails from the UAE in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ 
This review covers two producers/exporters of the subject merchandise: 
Middle East Manufacturing Steel LLC (MEM) and Rich Well Steel 
Industries LLC (Rich Well).\2\ For details regarding the events that 
occurred subsequent to the initiation of the review, see the 
Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020) (Initiation 
Notice).
    \2\ Rich Well is referred to as ``Richwell Steel Industries'' in 
the Initiation Notice, 85 FR at 41548.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order: 
Certain Steel Nails from the United Arab Emirates; 2019-2020,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    On July 22, 2020, Commerce tolled all deadlines for all preliminary 
and final results in administrative reviews by 60 days.\4\ On March 18, 
2021, Commerce extended the deadline for the preliminary results of 
this administrative review until July 30, 2021.\5\
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 22, 2020.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated 
March 18, 2021.
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Scope of the Order

    The products covered by this order are steel nails from the UAE. 
For a full description of the scope, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 is available at https://enforcement.trade.gov/frn/.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period May 1, 2019, 
through April 30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Middle East Manufacturing Steel LLC.........................        3.56
Rich Well Steel Industries LLC..............................        1.91
------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\6\ If a respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem antidumping duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where the importer-specific assessment rate calculated in 
the final results of this review is not zero or de minimis. If either 
respondent's weighted-average dumping margin is zero or de minimis, we 
intend to instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. 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.\7\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by either 
respondent where the respondent did not know that the merchandise was 
destined for the United States, we intend to instruct CBP to liquidate 
those entries at the all-others rate if there is no rate for the

[[Page 43178]]

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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    Consistent with its recent notice,\9\ 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).
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    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to the weighted-average dumping 
margin 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)(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 rates published for the most 
recently-completed segment of this proceeding in which they were 
reviewed; (3) if the exporter is not a firm covered by this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, then the cash deposit rate will be 
the rate established for the most recently-completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
4.30 percent,\10\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \10\ See Certain Steel Nails from the United Arab Emirates: 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order, 77 FR 27421 (May 10, 2012).
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\11\ 
Pursuant to 19 CFR 351.309(c), 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 not later than seven days after the date for filing case 
briefs.\12\ 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.\13\ Case and rebuttal briefs should be filed using ACCESS 
\14\ and must be served on interested parties.\15\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\16\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See generally 19 CFR 351.303.
    \15\ See 19 CFR 351.303(f).
    \16\ See Temporary Rule.
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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 Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time 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 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. Unless 
otherwise extended, Commerce intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a 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 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: July 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2021-16841 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P