Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2019-2020, 67690-67691 [2021-25933]

Download as PDF 67690 Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the Final Rule,9 available at https://enforcement.trade.gov/frn/ 2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.10 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.11 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. khammond on DSKJM1Z7X2PROD with NOTICES Extension of Time Limits Regulation Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by Commerce.12 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions 9 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 11 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 12 See 19 CFR 351.302. VerDate Sep<11>2014 16:55 Nov 26, 2021 Jkt 256001 which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: November 23, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–25934 Filed 11–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–523–808] Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2019– 2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Oman Fasteners LLC (Oman Fasteners) made sales of subject merchandise below normal value. The period of review (POR) is July 1, 2019, through June 30, 2020. DATES: Applicable November 29, 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 June 1, 2021, Commerce published the preliminary results of the administrative review of the antidumping duty (AD) order on certain steel nails (steel nails) from the PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Sultanate of Oman (Oman).1 For a history of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 Scope of the Order The merchandise covered by the antidumping duty order is certain steel nails. For a complete description of the scope of the order, see the Issues and Decision Memorandum. Analysis of Comments Received Commerce addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. These issues are identified in the 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 on the internet at https:// access.trade.gov/public/FRNotices ListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made one change to the margin calculation for Oman Fasteners since the Preliminary Results. We have recalculated the constructed value (CV) profit ratio for the final results.3 Final Results of Review As a result of this administrative review, we determine the following weighted-average dumping margin for the period July 1, 2019, through June 30, 2020: 1 See 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, 86 FR 29244 (June 1, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2019– 2020 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). 3 See Issues and Decision Memorandum at Comment 2; see also Memorandum, ‘‘Final Results of the Fifth Antidumping Duty Administrative Review of Certain Steel Nails from the Sultanate of Oman: Final Analysis Memorandum for Oman Fasteners, LLC,’’, dated concurrently with this notice (Final Analysis Memorandum). E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices Commerce intends to disclose the calculations performed for Oman Fasteners in these final results to interested parties within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). appropriate entries without regard to antidumping duties.7 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise that entered the United States during the POR that were produced by Oman Fasteners for which the respondent did not know that its merchandise was destined to the United States, Commerce will instruct CBP to liquidate unreviewed entries at the all-others rate of 9.10 percent,8 if there is no rate for the intermediate company(ies) involved in the transaction.9 Assessment Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this administrative review. 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). Where the respondent reported reliable entered values, Commerce calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).4 Where Commerce calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer- (or customer-) specific assessment rates based on the resulting per-unit rates.5 Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect the appropriate duties at the time of liquidation.6 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, Commerce will instruct CBP to liquidate The following cash deposit requirements will be effective upon publication of the notice of the final results of this administrative review for all shipments of steel nails from Oman entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) For the companies covered by this review, the cash deposit rate will be the rates listed above in the section ‘‘Final Results of Review’’; (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 in a completed segment for the most recent period of review; (3) if the exporter is not a firm covered in this review or in the original 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 merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 9.10 percent, the all-others rate established in the investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. Manufacturer/exporter Weightedaverage margin (percent) Oman Fasteners LLC ................. 1.65 khammond on DSKJM1Z7X2PROD with NOTICES Disclosure 4 See 19 CFR 351.212(b)(1). 5 Id. 6 Id. VerDate Sep<11>2014 16:55 Nov 26, 2021 Jkt 256001 19 CFR 351.106(c)(2). Certain Steel Nails from the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value, 80 FR 28972 (May 20, 2015) (Investigation Final Determination). 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 Investigation Final Determination. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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. Notification to Interested Parties Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: November 22, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the 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: Determining the Appropriate Basis for Constructed Value (CV) Financial Ratios Comment 2: Whether to Revise the CV Profit Ratio Comment 3: Whether to Revise the CV Indirect Selling Expense (ISE) Ratio Comment 4: Whether the Applied Averageto-Transaction Method is Flawed VI. Recommendation BILLING CODE 3510–DS–P This notice serves as a final 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 8 See 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. [FR Doc. 2021–25933 Filed 11–26–21; 8:45 am] Notification to Importers 7 See 67691 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of indirect cost rates for the Office of National Marine AGENCY: E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67690-67691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25933]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Final Results of 
Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Oman 
Fasteners LLC (Oman Fasteners) made sales of subject merchandise below 
normal value. The period of review (POR) is July 1, 2019, through June 
30, 2020.

DATES: Applicable November 29, 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 June 1, 2021, Commerce published the preliminary results of the 
administrative review of the antidumping duty (AD) order on certain 
steel nails (steel nails) from the Sultanate of Oman (Oman).\1\ For a 
history of events that have occurred since the Preliminary Results, see 
the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See 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, 86 FR 29244 (June 1, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 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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Scope of the Order

    The merchandise covered by the antidumping duty order is certain 
steel nails. For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These issues are 
identified in the 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 
on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made one 
change to the margin calculation for Oman Fasteners since the 
Preliminary Results. We have recalculated the constructed value (CV) 
profit ratio for the final results.\3\
---------------------------------------------------------------------------

    \3\ See Issues and Decision Memorandum at Comment 2; see also 
Memorandum, ``Final Results of the Fifth Antidumping Duty 
Administrative Review of Certain Steel Nails from the Sultanate of 
Oman: Final Analysis Memorandum for Oman Fasteners, LLC,'', dated 
concurrently with this notice (Final Analysis Memorandum).
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Final Results of Review

    As a result of this administrative review, we determine the 
following weighted-average dumping margin for the period July 1, 2019, 
through June 30, 2020:

[[Page 67691]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Oman Fasteners LLC.........................................        1.65
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for Oman 
Fasteners in these final results to interested parties within five days 
of the date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this administrative review. 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).
    Where the respondent reported reliable entered values, Commerce 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\4\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer- (or customer-) specific assessment rates based on 
the resulting per-unit rates.\5\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation.\6\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\7\
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    \4\ See 19 CFR 351.212(b)(1).
    \5\ Id.
    \6\ Id.
    \7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise that entered the United States 
during the POR that were produced by Oman Fasteners for which the 
respondent did not know that its merchandise was destined to the United 
States, Commerce will instruct CBP to liquidate unreviewed entries at 
the all-others rate of 9.10 percent,\8\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------

    \8\ See Certain Steel Nails from the Sultanate of Oman: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28972 (May 20, 
2015) (Investigation Final Determination).
    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of steel nails from Oman entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) For the companies covered by this review, 
the cash deposit rate will be the rates listed above in the section 
``Final Results of Review''; (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 in a completed segment for the 
most recent period of review; (3) if the exporter is not a firm covered 
in this review or in the original 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 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 9.10 percent, the all-others rate 
established in the investigation.\10\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See Investigation Final Determination.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 22, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the 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: Determining the Appropriate Basis for Constructed 
Value (CV) Financial Ratios
    Comment 2: Whether to Revise the CV Profit Ratio
    Comment 3: Whether to Revise the CV Indirect Selling Expense 
(ISE) Ratio
    Comment 4: Whether the Applied Average-to-Transaction Method is 
Flawed
VI. Recommendation

[FR Doc. 2021-25933 Filed 11-26-21; 8:45 am]
BILLING CODE 3510-DS-P