Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission; 2021-2022, 36536-36538 [2023-11842]
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36536
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
India.1 On February 1, 2023, Commerce
initiated the third sunset review of the
Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 On February 15, 2023, Commerce
received a notice of intent to participate
from the Association of American
School Paper Suppliers (AASPS) 3 (the
domestic interested party), within the
deadline specified in 19 CFR
351.218(d)(1)(i).4 AASPS claims
interested party status pursuant to
section 771(9)(F) of the Act, as an
association whose member companies
are U.S. producers of the domestic like
product.5 Additionally, ACCO Brands
USA LLC, Norcom, Inc., and Top Flight,
Inc. claimed interested party status
pursuant to section 771(9)(C) of the Act,
as manufacturers in the United States of
the domestic like product.6
On March 2, 2023, Commerce
received an adequate substantive
response from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).7
Commerce did not receive a substantive
response from any government or
respondent interested party to this
proceeding. On March 23, 2023,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.8 As a result, Commerce
conducted an expedited (120-day)
sunset review of the Order, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
Scope of the Order
ddrumheller on DSK120RN23PROD with NOTICES1
The merchandise covered by this
Order is certain lined paper products
from India. For a complete description
of the scope of the Order, see the Issues
and Decision Memorandum.9
1 See Notice of Countervailing Duty Orders:
Certain Lined Paper Products from India and
Indonesia, 71 FR 56949 (September 28, 2006)
(Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 6700 (February 1, 2023).
3 The individual members of AASPS are ACCO
Brands USA LLC, Norcom Inc., and Top Flight Inc.
4 See AASPS’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated February 15,
2023.
5 Id. at 2.
6 Id.
7 See AASPS’s Letter, ‘‘Substantive Response to
Notice of Initiation,’’ dated March 2, 2023.
8 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on February 1, 2023,’’ dated March 23,
2023.
9 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Expedited Third Sunset
Review of the Countervailing Duty Order on Certain
Lined Paper Products from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum. 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), which 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely To
Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b)
of the Act, we determine that revocation
of the Order would be likely to lead to
continuation or recurrence of a
countervailable subsidies at the
following net countervailable subsidy
rates:
Certain Steel Nails From the United
Arab Emirates: Preliminary Results of
Antidumping Duty Administrative
Review, and Partial Rescission; 2021–
2022
Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Emirates: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
77 FR 27421 (May 10, 2012) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022) (Initiation Notice); see also
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9,
2022) (correcting certain names contained in the
Initiation Notice).
[FR Doc. 2023–11839 Filed 6–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–804]
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Subsidy rate
Commerce (Commerce) is conducting an
Producers/exporters
(percent ad
administrative review of the
valorem)
antidumping duty order on certain steel
Aero Exports .........................
165.95 nails (steel nails) from the United Arab
Navneet Education Limited ..
169.36 Emirates (UAE). The period of review
All Others ..............................
168.49 (POR) is May 1, 2021, through April 30,
2022. Commerce preliminarily finds
Administrative Protective Order
that sales of steel nails from the UAE
were made at less than normal value
This notice serves as the only
(NV). We invite interested parties to
reminder to parties subject to an
administrative protective order (APO) of comment on these preliminary results.
their responsibility concerning the
DATES: Applicable June 5, 2023.
disposition of proprietary information
FOR FURTHER INFORMATION CONTACT:
disclosed under APO in accordance
Kelsie Hohenberger, AD/CVD
with 19 CFR 351.305, which continues
Operations, Office V, Enforcement and
to govern business proprietary
Compliance, International Trade
information in this segment of the
Administration, U.S. Department of
proceeding. Timely notification of the
Commerce, 1401 Constitution Avenue
return or destruction of APO materials
NW, Washington, DC 20230; telephone:
or conversion to judicial protective
(202) 482–2517.
order is hereby requested. Failure to
SUPPLEMENTARY INFORMATION:
comply with the regulations and the
Background
terms of an APO is a sanctionable
violation.
On July 14, 2022, Commerce initiated
an administrative review of the
Notification to Interested Parties
antidumping duty order on steel nails
Commerce is issuing and publishing
from the UAE,1 in accordance with
these final results in accordance with
section 751(a) of the Tariff Act of 1930,
sections 751(c), 752(b), and 777(i)(1) of
as amended (the Act),2 with respect to
the Act and 19 CFR
1 See Certain Steel Nails from the United Arab
351.218(e)(1)(ii)(C)(2).
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
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AGENCY:
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
18 producers/exporters of the subject
merchandise.3 Commerce selected two
mandatory respondents for individual
examination: Master Nails and Pins
Manufacturing, LLC (Master Nails)/
Middle East Manufacturing Steel LLC
(MEM) (collectively, Master) and Rich
Well Steel Industries LLC (Rich Well).4
On January 12, 2023, Commerce
extended the deadline for the
preliminary results of this
administrative review until May 31,
2023.5 For details regarding the events
that occurred subsequent to the
initiation of the review, see the
Preliminary Decision Memorandum.6
Scope of the Order
The products covered by the Order
are steel nails from the UAE. For a full
description of the scope, see the
Preliminary Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Rescission of Administrative Review, in
Part
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 the notice of
initiation. Commerce received a timelyfiled withdrawal request from the
petitioner relating to 16 companies.7
Because the withdrawal request was
timely filed, and no other party
requested a review of these companies,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review with respect to the following
companies: (1) Al Falaq Building
Materials; (2) Al Khashab Building
Materials Co., LLC; (3) Al Rafaa Star
Building Materials Est.; (4) Al Sabbah
Trading and Importing, Est.; (5) All
Ferro Building Materials, LLC; (6) Asgar
Ali Yousif Trading Co., LLC; (7)
Azymuth Consulting, LLC; (8) Burj Al
Tasmeem, Tr.; (9) Dubai Wire FZE; (10)
Gheewala Hardware Trading Company,
LLC; (11) New World International,
3 Commerce previously determined that Master
Nails and MEM comprise a single entity. See
Certain Steel Nails from the United Arab Emirates:
Final Results of Antidumping Duty Administrative
Review; 2020–2021, 87 FR 61566 (October 12,
2022).
4 See Memorandum ‘‘Respondent Selection,’’
dated August 2, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated January 12,
2023.
6 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; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 The petitioner is Mid Continent Steel & Wire,
Inc.
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36537
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. If either
respondent’s weighted-average dumping
margin is zero or de minimis, we intend
to instruct CBP to liquidate the
Methodology
appropriate entries without regard to
Commerce is conducting this review
antidumping duties. The final results of
in accordance with section 751(a) of the this review shall be the basis for the
Act. We calculated export price in
assessment of antidumping duties on
accordance with section 772 of the Act.
entries of merchandise covered by this
review and for future deposits of
We calculated NV in accordance with
estimated duties, where applicable.10
section 773 of the Act.
In accordance with Commerce’s
For a full description of the
‘‘automatic assessment’’ practice, for
methodology underlying these
preliminary results, see the Preliminary entries of subject merchandise during
the POR produced by Master or Rich
Decision Memorandum. A list of topics
Well where the respondent did not
included in the Preliminary Decision
know that the merchandise was
Memorandum is included as an
appendix to this notice. The Preliminary destined for the United States, we will
instruct CBP to liquidate those entries at
Decision Memorandum is a public
the all-others rate if there is no rate for
document and is made available to the
the intermediate company(ies) involved
public via Enforcement and
in the transaction.11
Compliance’s Antidumping and
Commerce intends to issue
Countervailing Duty Centralized
assessment instructions to CBP no
Electronic Service System (ACCESS).
earlier than 35 days after the date of
ACCESS is available to registered users
at https://access.trade.gov. In addition, a publication of the final results of this
review in the Federal Register. If a
complete version of the Preliminary
timely summons is filed at the U.S.
Decision Memorandum is available at
Court of International Trade, the
https://access.trade.gov/public/
assessment instructions will direct CBP
FRNoticesListLayout.aspx.
not to liquidate relevant entries until the
Preliminary Results of Review
time for parties to file a request for a
statutory injunction has expired (i.e.,
We preliminarily determine that the
within 90 days of publication).
following weighted-average dumping
margins exist for the period May 1,
Cash Deposit Requirements
2021, through April 30, 2022:
The following cash deposit
Weighted- requirements will be effective for all
shipments of the subject merchandise
average
Exporter/producer
dumping
entered, or withdrawn from warehouse,
margin
for consumption on or after the
(percent)
publication date of the final results of
this administrative review, as provided
Master Nails and Pins Manufacby section 751(a)(2)(C) of the Act: (1) the
turing, LLC/Middle East Manufacturing Steel, LLC ................
4.30 cash deposit rate for the companies
Rich Well Steel Industries LLC ..
2.28 listed above will be equal to the
weighted-average dumping margin
established in the final results of this
Assessment Rates
administrative review, except if the rate
Upon completion of this
is less than 0.50 percent and, therefore,
administrative review, Commerce shall
de minimis within the meaning of 19
determine, and U.S. Customs and
CFR 351.106(c)(1), in which case the
Border Protection (CBP) shall assess,
cash deposit rate will be zero; (2) for
antidumping duties on all appropriate
merchandise exported by a company not
9
entries covered by this review.
covered in this review, but covered in
Pursuant to 19 CFR 351.212(b)(1) if the
a prior segment of the proceeding, the
weighted-average dumping margin for
cash deposit rate will continue to be the
Master or Rich Well is not zero or de
company-specific rate published for the
minimis (i.e., less than 0.5 percent) in
most recently-completed segment of this
the final results of this review, we will
proceeding in which it was reviewed;
calculate importer-specific ad valorem
(3) if the exporter is not a firm covered
antidumping duty assessment rates
LLC; (12) Okzeela Star Building
Materials Trading, LLC; (13) Samrat
Wire Industry, LLC; (14) SK Metal
International DMCC; (15) Steel Racks
Factory, LLC; and (16) Trade Circle
Enterprises, LLC.8
10 See
8 See
Petitioner’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated October 12,
2022.
9 See 19 CFR 351.212(b)(1).
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section 751(a)(2)(C) of the Act.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 For
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
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 recentlycompleted 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,12 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the publication of this notice.13
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than seven days after the date
on which the last verification report is
issued in this review. 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.14 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.15 Case and
rebuttal briefs should be filed using
ACCESS 16 and must be served on
interested parties.17 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.18
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.19 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. If a request for a hearing
is made, Commerce intends to hold the
ddrumheller on DSK120RN23PROD with NOTICES1
12 See
Order, 77 FR at 27422.
19 CFR 351.224(b).
14 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).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
18 See Temporary Rule.
19 See 19 CFR 351.310(c).
13 See
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17:59 Jun 02, 2023
Jkt 259001
hearing at a time and date to be
determined. A hearing request must be
filed electronically using ACCESS and
received in its entirety by 5:00 p.m.
Eastern Time within 30 days after
publication of this notice.
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Final Results of Review
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
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 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 351.213 and 19 CFR 351.221(b)(4).
Dated: May 26, 2023.
Lisa W. Wang,
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. 2023–11842 Filed 6–2–23; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–089]
Certain Steel Racks and Parts Thereof
From the People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
certain steel racks and parts thereof
(steel racks) from the People’s Republic
of China (China), covering the period of
review (POR) January 1, 2021, through
December 31, 2021, because, as
explained below, there are no
reviewable suspended entries for the
sole company that is subject the instant
review.
DATES: Applicable June 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson 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) 482–4406.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 1, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the CVD order
on steel racks from China.1 Commerce
received a timely request for review of
the steel racks CVD order from the
following exporters of subject
merchandise: (1) Nanjing Dongsheng
Shelf Manufacturing Co., Ltd.
(Dongsheng); (2) Nanjing Ironstone
Storage Equipment Co., Ltd. (Nanjing
Ironstone); (3) Xiamen Luckyroc
Industry Co., Ltd. (Xiamen Luckyroc);
and (4) Ningbo Xinguang Rack Co., Ltd.
(Xinguang Rack).2 We received no other
requests for review. On November 3,
2022, Commerce published in the
Federal Register a notice of initiation of
an administrative review with respect to
Dongsheng, Nanjing Ironstone, Xiamen
Luckyroc, and Xinguang Rack, in
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 53719 (September 1,
2022).
2 See Dongsheng’s Letter, ‘‘Request for
Administrative Review,’’ dated September 29, 2022;
and Nanjing Ironstone, Xiamen Luckyroc, and
Ningbo Xinguang’s Letter, ‘‘Request for
Administrative Review,’’ dated September 29, 2022.
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]]>Agencies
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36536-36538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11842]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative Review, and Partial
Rescission; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain steel
nails (steel nails) from the United Arab Emirates (UAE). The period of
review (POR) is May 1, 2021, through April 30, 2022. Commerce
preliminarily finds that sales of steel nails from the UAE were made at
less than normal value (NV). We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 5, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, Commerce initiated an administrative review of
the antidumping duty order on steel nails from the UAE,\1\ in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act),\2\ with respect to
[[Page 36537]]
18 producers/exporters of the subject merchandise.\3\ Commerce selected
two mandatory respondents for individual examination: Master Nails and
Pins Manufacturing, LLC (Master Nails)/Middle East Manufacturing Steel
LLC (MEM) (collectively, Master) and Rich Well Steel Industries LLC
(Rich Well).\4\ On January 12, 2023, Commerce extended the deadline for
the preliminary results of this administrative review until May 31,
2023.\5\ For details regarding the events that occurred subsequent to
the initiation of the review, see the Preliminary Decision
Memorandum.\6\
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022) (correcting
certain names contained in the Initiation Notice).
\3\ Commerce previously determined that Master Nails and MEM
comprise a single entity. See Certain Steel Nails from the United
Arab Emirates: Final Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 61566 (October 12, 2022).
\4\ See Memorandum ``Respondent Selection,'' dated August 2,
2022.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
January 12, 2023.
\6\ 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; 2021-2022,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are steel nails from the UAE. For
a full description of the scope, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in Part
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 the notice of initiation. Commerce received a timely-
filed withdrawal request from the petitioner relating to 16
companies.\7\ Because the withdrawal request was timely filed, and no
other party requested a review of these companies, in accordance with
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect
to the following companies: (1) Al Falaq Building Materials; (2) Al
Khashab Building Materials Co., LLC; (3) Al Rafaa Star Building
Materials Est.; (4) Al Sabbah Trading and Importing, Est.; (5) All
Ferro Building Materials, LLC; (6) Asgar Ali Yousif Trading Co., LLC;
(7) Azymuth Consulting, LLC; (8) Burj Al Tasmeem, Tr.; (9) Dubai Wire
FZE; (10) Gheewala Hardware Trading Company, LLC; (11) New World
International, LLC; (12) Okzeela Star Building Materials Trading, LLC;
(13) Samrat Wire Industry, LLC; (14) SK Metal International DMCC; (15)
Steel Racks Factory, LLC; and (16) Trade Circle Enterprises, LLC.\8\
---------------------------------------------------------------------------
\7\ The petitioner is Mid Continent Steel & Wire, Inc.
\8\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 12, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price in accordance with
section 772 of the Act. We calculated NV 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 included 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2021, through April 30,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Master Nails and Pins Manufacturing, LLC/Middle East 4.30
Manufacturing Steel, LLC...................................
Rich Well Steel Industries LLC.............................. 2.28
------------------------------------------------------------------------
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 covered by this
review.\9\ Pursuant to 19 CFR 351.212(b)(1) if the weighted-average
dumping margin for Master or Rich Well 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. 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.\10\
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\9\ See 19 CFR 351.212(b)(1).
\10\ 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 Master or
Rich Well where the respondent did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\11\
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\11\ 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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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise 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 companies
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 merchandise exported by a company not
covered in this review, but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which it was reviewed; (3) if the exporter is not a firm
covered
[[Page 36538]]
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,\12\ 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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\12\ See Order, 77 FR at 27422.
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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 or, if
there is no public announcement, within five days of the publication of
this notice.\13\ Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than seven days after the date on which the
last verification report is issued in this review. 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.\14\ 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.\15\ Case and
rebuttal briefs should be filed using ACCESS \16\ and must be served on
interested parties.\17\ 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.\18\
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\13\ See 19 CFR 351.224(b).
\14\ 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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule.
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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.\19\ 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. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. A hearing request must be filed electronically using ACCESS
and received in its entirety by 5:00 p.m. Eastern Time within 30 days
after publication of this notice.
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\19\ See 19 CFR 351.310(c).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Final Results of Review
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 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 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 351.213 and 19
CFR 351.221(b)(4).
Dated: May 26, 2023.
Lisa W. Wang,
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. 2023-11842 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P
