Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2020-2021, 78639-78640 [2022-27904]
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Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
Board for its facility within FTZ 35, in
Sellersville, Pennsylvania.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (87 FR 52505–52506,
August 26, 2022). On December 19,
2022, the applicant was notified of the
FTZ Board’s decision that no further
review of the activity is warranted at
this time. The production activity
described in the notification was
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: December 19, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–27836 Filed 12–21–22; 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; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain steel nails from the Sultanate of
Oman (Oman) were sold in the United
States at less than normal value (NV)
during the period of review (POR), July
1, 2020, through June 30, 2021.
DATES: Applicable December 22, 2022.
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:
lotter on DSK11XQN23PROD with NOTICES1
Background
On July 20, 2022, Commerce
published the Preliminary Results of the
2020–2021 administrative review of the
antidumping duty order on steel nails
from Oman.1 For a history of events that
have occurred since the Preliminary
1 See
Certain Steel Nails from the Sultanate of
Oman: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2020–2021, 87 FR
43240 (July 20, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
VerDate Sep<11>2014
19:26 Dec 21, 2022
Jkt 259001
78639
Results, see the Issues and Decision
Memorandum.2
does not need to corroborate the rate in
this review.
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.
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
individual companies not selected for
examination when Commerce limits its
Analysis of Comments Received
Commerce addressed all issues raised examination in an administrative review
pursuant to section 777A(c)(2) of the
in the case and rebuttal briefs in the
Act. Generally, Commerce looks to
Issues and Decision Memorandum.
section 735(c)(5) of the Act, which
These issues are identified in the
provides instructions for calculating the
appendix to this notice. The Issues and
all-others rate in an investigation, for
Decision Memorandum is a public
guidance when calculating the rate for
document and is on file electronically
companies which we did not examine
via Enforcement and Compliance’s
in an administrative review. When the
Antidumping and Countervailing Duty
rates for individually examined
Centralized Electronic Service System
companies are all zero, de minimis, or
(ACCESS). ACCESS is available to
based entirely on facts available, section
registered users at https://
access.trade.gov. In addition, a complete 735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
version of the Issues and Decision
method’’ to establish the all-others rate.
Memorandum can be accessed directly
We based the dumping margin entirely
at https://enforcement.trade.gov/frn/
on AFA for the sole mandatory
index.html.
respondent, Oman Fasteners. Therefore,
Changes Since the Preliminary Results
we assigned the companies not selected
for examination the all-others rate
Based on our analysis of the
applied in prior segments of this
comments received, we have made no
proceeding (i.e., 9.10 percent),7
change to the margin applied to Oman
consistent with the guidance in section
Fasteners LLC (Oman Fasteners) in the
735(c)(5)(B) of the Act.
Preliminary Results. We have assigned
the same margin as the total adverse
Final Results of Review
facts available (AFA) rate for these final
3
results.
Commerce determines that the
following weighted-average dumping
Use of Adverse Facts Available
margins exist for the period July 1, 2020,
We continue to find that the
through June 30, 2021:
application of total AFA, pursuant to
sections 776(a) and (b) of the Tariff Act
Weightedaverage
of 1930, as amended (the Act), is
Manufacturer/exporter
dumping
warranted in determining Oman
margin
Fasteners’ dumping margin because it
(percent)
failed to timely submit information
8 154.33
regarding its sales to the United States.4 Oman Fasteners LLC .................
Therefore, as in the Preliminary Results, Non-Selected Companies ...........
9.10
as AFA, we assigned Oman Fasteners a
8 Based on total AFA. For a full description
dumping margin of 154.33 percent. See
of the methodology underlying our conclusions
the Issues and Decision Memorandum
regarding the application of AFA, see the
Issues and Decision Memorandum.
for further discussion.5
Commerce is not required to
BILLING CODE 3510–DS–P
corroborate any dumping margin
Disclosure
applied in a separate segment of the
same proceeding.6 Because the 154.33
Normally, Commerce will disclose the
percent rate was applied in a separate
calculations performed in connection
segment of this proceeding, Commerce
with the final results of review to parties
to the proceeding in accordance with 19
2 See Memorandum, ‘‘Issues and Decision
CFR 351.224(b). However, as there were
Memorandum for the Final Results of the 2020–
no margin calculations performed in the
2021 Administrative Review of the Antidumping
instant review, there are no calculations
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 Id. at Comment 3.
4 Id. at Comments 1 and 2.
5 Id. at Comment 3.
6 See section 776(c)(2) of the Act.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
7 This rate is derived in the final determination
of the underlying investigation in this proceeding.
See Certain Steel Nails from the Sultanate of Oman:
Final Determination of Sales at Less Than Fair
Value, 80 FR 28972 (May 20, 2015) (Steel Nails
from Oman Final Determination).
E:\FR\FM\22DEN1.SGM
22DEN1
78640
Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
to disclose for the final results of this
review.
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this 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).
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,9 if there is no rate for
the intermediate company(ies) involved
in the transaction.10
Because we are applying total AFA to
Oman Fasteners, we will instruct CBP to
apply an assessment rate to all entries
Oman Fasteners produced and/or
exported equal to the dumping margin
indicated above in the ‘‘Final Results of
Review.’’ Further, the assessment rate
for antidumping duties for each of the
companies not selected for individual
examination will be equal to the
weighted-average dumping margin
identified above in the ‘‘Final Results of
Review.’’
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
9 See
Steel Nails from Oman Final Determination.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 For
VerDate Sep<11>2014
18:01 Dec 21, 2022
Jkt 259001
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, a prior
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 allothers rate established in the
investigation.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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 an 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: December 16, 2022.
Lisa W. Wang,
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. Discussion of the Issues
11 See
PO 00000
Investigation Final Determination.
Frm 00010
Fmt 4703
Sfmt 4703
Comment 1: Whether to Accept/Add
the Rejected Response to the Record
Comment 2: Whether to Apply
Adverse Facts Available (AFA)
Comment 3: Which Rate to Apply as
AFA
V. Recommendation
[FR Doc. 2022–27904 Filed 12–21–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–104]
Alloy and Certain Carbon Steel
Threaded Rod From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review and Rescission of
Administrative Review, in Part; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Ningbo Dongxin HighStrength Nut Co., Ltd. (Ningbo
Dongxin), is not eligible for a separate
rate. The period of review (POR) is April
1, 2021, through March 31, 2022.
Commerce is also rescinding the review
with respect to Ningbo Zhongjiang High
Strength Bolts Co., Ltd. (Zhongjiang
Bolts). Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable December 22, 2022.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander or Bryan Hansen, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2805 or (202) 482–3683,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce
published in the Federal Register the
antidumping duty (AD) order on alloy
and certain carbon steel threaded rod
(threaded rod) from the People’s
Republic of China (China).1 On April 1,
2022, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
1 See Alloy and Certain Carbon Steel Threaded
Rod from the People’s Republic of China:
Antidumping Duty Order, 85 FR 19929 (April 9,
2020) (Order).
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78639-78640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27904]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails from the Sultanate of Oman (Oman) were sold in the
United States at less than normal value (NV) during the period of
review (POR), July 1, 2020, through June 30, 2021.
DATES: Applicable December 22, 2022.
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 July 20, 2022, Commerce published the Preliminary Results of the
2020-2021 administrative review of the antidumping duty order on steel
nails from 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
Preliminary Determination of No Shipments; 2020-2021, 87 FR 43240
(July 20, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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 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
at https://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made no
change to the margin applied to Oman Fasteners LLC (Oman Fasteners) in
the Preliminary Results. We have assigned the same margin as the total
adverse facts available (AFA) rate for these final results.\3\
---------------------------------------------------------------------------
\3\ Id. at Comment 3.
---------------------------------------------------------------------------
Use of Adverse Facts Available
We continue to find that the application of total AFA, pursuant to
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), is warranted in determining Oman Fasteners' dumping margin
because it failed to timely submit information regarding its sales to
the United States.\4\ Therefore, as in the Preliminary Results, as AFA,
we assigned Oman Fasteners a dumping margin of 154.33 percent. See the
Issues and Decision Memorandum for further discussion.\5\
---------------------------------------------------------------------------
\4\ Id. at Comments 1 and 2.
\5\ Id. at Comment 3.
---------------------------------------------------------------------------
Commerce is not required to corroborate any dumping margin applied
in a separate segment of the same proceeding.\6\ Because the 154.33
percent rate was applied in a separate segment of this proceeding,
Commerce does not need to corroborate the rate in this review.
---------------------------------------------------------------------------
\6\ See section 776(c)(2) of the Act.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for companies
which we did not examine in an administrative review. When the rates
for individually examined companies are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method'' to establish the all-
others rate. We based the dumping margin entirely on AFA for the sole
mandatory respondent, Oman Fasteners. Therefore, we assigned the
companies not selected for examination the all-others rate applied in
prior segments of this proceeding (i.e., 9.10 percent),\7\ consistent
with the guidance in section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
\7\ This rate is derived in the final determination of the
underlying investigation in this proceeding. See Certain Steel Nails
from the Sultanate of Oman: Final Determination of Sales at Less
Than Fair Value, 80 FR 28972 (May 20, 2015) (Steel Nails from Oman
Final Determination).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period July 1, 2020, through June 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC.......................................... \8\ 154.33
Non-Selected Companies...................................... 9.10
------------------------------------------------------------------------
\8\ Based on total AFA. For a full description of the methodology
underlying our conclusions regarding the application of AFA, see the
Issues and Decision Memorandum.
BILLING CODE 3510-DS-P
Disclosure
Normally, Commerce will disclose the calculations performed in
connection with the final results of review to parties to the
proceeding in accordance with 19 CFR 351.224(b). However, as there were
no margin calculations performed in the instant review, there are no
calculations
[[Page 78640]]
to disclose for the final results of this review.
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this 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).
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,\9\ if there is no rate for the
intermediate company(ies) involved in the transaction.\10\
---------------------------------------------------------------------------
\9\ See Steel Nails from Oman Final Determination.
\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Because we are applying total AFA to Oman Fasteners, we will
instruct CBP to apply an assessment rate to all entries Oman Fasteners
produced and/or exported equal to the dumping margin indicated above in
the ``Final Results of Review.'' Further, the assessment rate for
antidumping duties for each of the companies not selected for
individual examination will be equal to the weighted-average dumping
margin identified above in the ``Final Results of Review.''
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, a prior 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.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\11\ 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 an
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: December 16, 2022.
Lisa W. Wang,
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. Discussion of the Issues
Comment 1: Whether to Accept/Add the Rejected Response to the
Record
Comment 2: Whether to Apply Adverse Facts Available (AFA)
Comment 3: Which Rate to Apply as AFA
V. Recommendation
[FR Doc. 2022-27904 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-DS-P
