Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 52120-52122 [2023-16823]

Download as PDF 52120 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices cheese, baby food, sauces and seasonings, and pet food, even when such products are made with HPC pea protein. • HPC pea protein that has gone through an extrusion process to alter the HPC pea protein at the structural and functional level, resulting in a product with a fibrous structure which resembles muscle meat upon hydration. These products are commonly described as textured pea protein or texturized pea protein. • HPC pea protein that has been further processed to create a small crunchy nugget commonly described as a pea protein crisp. • protein derived from chickpeas. The merchandise covered by the scope is currently classified under Harmonized Tariff Schedule of the United States (HTSUS) categories 3504.00.1000, 3504.00.5000, and 2106.10.0000. Such merchandise may also enter the U.S. market under HTSUS category 2308.00.9890. Although HTSUS categories and the CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2023–16817 Filed 8–4–23; 8:45 a.m.] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–523–808] Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021–2022 Enforcement and Compliance, International Trade Administration, 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 Sultanate of Oman (Oman). This review covers 17 exporters and producers from Oman. The period of review (POR) is July 1, 2021, through June 30, 2022. The sole mandatory respondent in this review is Oman Fasteners, LLC (Oman Fasteners). Commerce preliminarily determines that sales of subject merchandise have not been made below normal value (NV) by Oman Fasteners during the POR. In addition, we preliminarily find that Geekay Wires Ltd. (Geekay), Astrotech Steels Private Ltd. (Astrotech), Trinity Steel Pvt. Ltd. (Trinity), and Modern Factory for Metal Products, LLC (Modern) had no shipments during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable August 7, 2023. FOR FURTHER INFORMATION CONTACT: Dakota Potts, AD/CVD Operations, Office IV, Enforcement and Compliance, ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0223. SUPPLEMENTARY INFORMATION: Background On July 1, 2022, Commerce published in the Federal Register a notice of opportunity 1 to request an administrative review of the antidumping duty (AD) Order on steel nails from Oman.2 On September 6, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation of an administrative review of the Order.3 On March 2, 2023, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2), Commerce extended the due date for the preliminary results by 118 days until July 28, 2023.4 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 A list of the topics included in the Preliminary Decision Memorandum is included as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the scope of this Order is steel nails from Oman. A complete description of the scope of the Order is contained in the Preliminary Decision Memorandum.6 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1, 2022). 2 See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (Order). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 54463 (September 6, 2022). 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated March 2, 2023. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021–2022: Certain Steel Nails from the Sultanate of Oman’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 Id. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Preliminary Determination of No Shipments Based upon the no-shipment certifications received by Commerce, and our review of the U.S. Customs and Border Protection (CBP) data, we preliminary find that Geekay, Astrotech, Trinity, and Modern had no shipments during the POR. CBP did not provide any information to contradict the claims of no shipments during the POR.7 Consistent with Commerce’s practice, we will not rescind the review with respect to Geekay, Astrotech, Trinity, and Modern in these preliminary results, but rather will complete the review and issue appropriate liquidation instructions to CBP based on the final results.8 For additional information regarding this determination, see the Preliminary Decision Memorandum. Rate for Non-Examined Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual 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 a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ However, section 735(c)(5)(B) of the Act provides that if the estimated weighted average dumping margins for exporters and producers individually examined are all zero, de minimis, or based entirely on facts available, Commerce may use any reasonable method to establish the estimated all-others rate. 7 See Memorandum, ‘‘No Shipment Inquiry for Various Companies During the Period 07/01/2021 Through 06/30/2022,’’ {sic} dated July 20, 2023. 8 See, e.g., Welded Line Pipe from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016–2017, 84 FR 4046, 4047 (February 14, 2019), unchanged in Welded Line Pipe from the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016–2017, 84 FR 27762 (June 14, 2019). E:\FR\FM\07AUN1.SGM 07AUN1 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices In this review, we have calculated a weighted-average dumping margin for the sole respondent, Oman Fasteners of zero percent. Accordingly, we have assigned to the companies not individually examined a margin of 0.00 percent, the sole margin calculated in this proceeding.9 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Act. Export price is calculated in accordance with section 772 of the Act. NV 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. Preliminary Results of Review As a result of this review, Commerce preliminarily determines that the following weighted-average dumping margin exists for the period July 1, 2021, through June 30, 2022: Weightedaverage dumping margin (percent) Producer/exporter Oman Fasteners, LLC ................ Al Ansari Teqmark, LLC ............. Al Kiyumi Global LLC ................. Al Sarah Building Materials LLC Buraimi Iron & Steel, LLC .......... CL Synergy (Pvt) Ltd .................. Diamond Foil Trading LLC ......... Gulf Nails Manufacturing, LLC ... Gulf Steel Manufacturers, LLC ... Muscat Industrial Company, LLC Muscat Nails Factory Golden Asset Trade, LLC .................... Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd. Sti ............................................ WWL Indian Private Ltd ............. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ddrumheller on DSK120RN23PROD with NOTICES1 Verification As provided in section 782(i)(3) of the Act, Commerce intends to verify certain information reported by Oman Fasteners prior to issuing its final results. Disclosure and Public Comment We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results.10 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs containing issues 9 See Albemarle Corp. & Subsidiaries v. United States, 821 F.3d 1345, 1353 (Fed. Cir. 2016); see also Certain Hot Rolled Steel Flat Products from Japan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017–2018, 85 FR 57821 (September 16, 2020). 10 See 19 CFR 351.224(b). VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 52121 pertaining to Oman Fasteners to Commerce no later than seven days after the date on which the verification report is issued in this administrative 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.11 Interested 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.12 Executive summaries should be limited to five pages total, including footnotes. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.13 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. 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 briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. 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, unless extended, pursuant to section 751(a)(3)(A) of the Act. will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for an importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by an individually examined respondent for which it did not know its merchandise was destined for the United States, we intend to instruct CBP to liquidate such entries at the all-others rate (i.e., 9.10 percent) if there is no rate for the intermediate company(ies) involved in the transaction.14 If we continue to find in the final results that Geekay, Astrotech, Trinity, and Modern had no shipments of subject merchandise during the POR, we will instruct CBP to liquidate any suspended entries that entered under their antidumping duty case numbers (i.e., at that exporter’s rate) at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this administrative 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). Assessment Rates Upon completion of this administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b). If a respondent’s weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we Cash Deposit Requirements 11 See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020) (‘‘To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect).’’). 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 The following cash deposit requirements will be effective 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 of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Oman Fasteners will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate 14 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\07AUN1.SGM 07AUN1 52122 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the lessthan-fair value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other producers or exporters is 9.10 percent.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: July 28, 2023. Lisa. W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–16823 Filed 8–4–23; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 3510–DS–P 15 See [C–570–153; C–533–918] Certain Paper Shopping Bags From the People’s Republic of China and India: Postponement of Preliminary Determinations in the Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 7, 2023. FOR FURTHER INFORMATION CONTACT: Seth Brown (the People’s Republic of China (China)) and Paul Kebker (India), AD/ CVD Operations, Offices IX and IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0029 or (202) 482–2254, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 20, 2023, the U.S. Department of Commerce (Commerce) initiated countervailing duty (CVD) investigations of imports of certain paper shopping bags (paper bags) from China and India.1 Currently, the preliminary determinations are due no later than August 24, 2023. Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. 1 See Certain Paper Shopping Bags from India and the People’s Republic of China: Initiation of Countervailing Duty Investigations, 88 FR 41380 (June 26, 2023) (Initiation Notice). Order. VerDate Sep<11>2014 International Trade Administration Postponement of Preliminary Determinations Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Companies not Selected for Individual Examination VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation DEPARTMENT OF COMMERCE 18:58 Aug 04, 2023 Jkt 259001 PO 00000 Frm 00015 Fmt 4703 Sfmt 9990 Commerce will grant the request unless it finds compelling reasons to deny it. On July 27, 2023, the petitioner submitted timely requests that Commerce postpone the preliminary determinations in these investigations.2 The petitioner stated that, because the mandatory respondents have not yet submitted their initial questionnaire responses, additional time is needed to identify deficiencies in advance of the preliminary determinations so that Commerce can issue supplemental questionnaires.3 In accordance with 19 CFR 351.205(e), the petitioner has stated the reasons for requesting a postponement of the preliminary determinations, and Commerce finds no compelling reason to deny the requests. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determinations to no later than 130 days after the date on which this investigation was initiated, i.e., October 30, 2023.4 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–16824 Filed 8–4–23; 8:45 am] BILLING CODE 3510–DS–P 2 See Petitioner’s Letters, ‘‘Petitioner’s Request for Extension Preliminary Determination Deadline,’’ dated July 27, 2023. The petitioner is the Coalition for Fair Trade in Shopping Bags the members of which are Novolex Holdings, LLC and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC. 3 Id. 4 Because the extended deadline for these preliminary determinations falls on the weekend (i.e., October 28, 2023), the deadline becomes the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52120-52122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16823]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-808]


Certain Steel Nails From the Sultanate of Oman: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
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 Sultanate of Oman (Oman). This review 
covers 17 exporters and producers from Oman. The period of review (POR) 
is July 1, 2021, through June 30, 2022. The sole mandatory respondent 
in this review is Oman Fasteners, LLC (Oman Fasteners). Commerce 
preliminarily determines that sales of subject merchandise have not 
been made below normal value (NV) by Oman Fasteners during the POR. In 
addition, we preliminarily find that Geekay Wires Ltd. (Geekay), 
Astrotech Steels Private Ltd. (Astrotech), Trinity Steel Pvt. Ltd. 
(Trinity), and Modern Factory for Metal Products, LLC (Modern) had no 
shipments during the POR. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 7, 2023.

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 1, 2022, Commerce published in the Federal Register a 
notice of opportunity \1\ to request an administrative review of the 
antidumping duty (AD) Order on steel nails from Oman.\2\ On September 
6, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published 
a notice of initiation of an administrative review of the Order.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1, 
2022).
    \2\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
---------------------------------------------------------------------------

    On March 2, 2023, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2), 
Commerce extended the due date for the preliminary results by 118 days 
until July 28, 2023.\4\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 2, 
2023.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022: Certain Steel 
Nails from the Sultanate of Oman'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    A list of the topics included in the Preliminary Decision 
Memorandum is included as the appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise covered by the scope of this Order is steel nails 
from Oman. A complete description of the scope of the Order is 
contained in the Preliminary Decision Memorandum.\6\
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    \6\ Id.
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Preliminary Determination of No Shipments

    Based upon the no-shipment certifications received by Commerce, and 
our review of the U.S. Customs and Border Protection (CBP) data, we 
preliminary find that Geekay, Astrotech, Trinity, and Modern had no 
shipments during the POR. CBP did not provide any information to 
contradict the claims of no shipments during the POR.\7\ Consistent 
with Commerce's practice, we will not rescind the review with respect 
to Geekay, Astrotech, Trinity, and Modern in these preliminary results, 
but rather will complete the review and issue appropriate liquidation 
instructions to CBP based on the final results.\8\ For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
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    \7\ See Memorandum, ``No Shipment Inquiry for Various Companies 
During the Period 07/01/2021 Through 06/30/2022,'' {sic{time}  dated 
July 20, 2023.
    \8\ See, e.g., Welded Line Pipe from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017, 84 FR 4046, 
4047 (February 14, 2019), unchanged in Welded Line Pipe from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2016-2017, 84 FR 
27762 (June 14, 2019).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual 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 a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' However, section 735(c)(5)(B) of the 
Act provides that if the estimated weighted average dumping margins for 
exporters and producers individually examined are all zero, de minimis, 
or based entirely on facts available, Commerce may use any reasonable 
method to establish the estimated all-others rate.

[[Page 52121]]

    In this review, we have calculated a weighted-average dumping 
margin for the sole respondent, Oman Fasteners of zero percent. 
Accordingly, we have assigned to the companies not individually 
examined a margin of 0.00 percent, the sole margin calculated in this 
proceeding.\9\
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    \9\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345, 1353 (Fed. Cir. 2016); see also Certain Hot Rolled Steel 
Flat Products from Japan: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2017-
2018, 85 FR 57821 (September 16, 2020).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. NV 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.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margin exists for the period 
July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Oman Fasteners, LLC.........................................        0.00
Al Ansari Teqmark, LLC......................................        0.00
Al Kiyumi Global LLC........................................        0.00
Al Sarah Building Materials LLC.............................        0.00
Buraimi Iron & Steel, LLC...................................        0.00
CL Synergy (Pvt) Ltd........................................        0.00
Diamond Foil Trading LLC....................................        0.00
Gulf Nails Manufacturing, LLC...............................        0.00
Gulf Steel Manufacturers, LLC...............................        0.00
Muscat Industrial Company, LLC..............................        0.00
Muscat Nails Factory Golden Asset Trade, LLC................        0.00
Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd.         0.00
 Sti........................................................
WWL Indian Private Ltd......................................        0.00
------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify certain information reported by Oman Fasteners prior to issuing 
its final results.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\10\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs containing issues pertaining to Oman Fasteners to Commerce no 
later than seven days after the date on which the verification report 
is issued in this administrative 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.\11\ Interested 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.\12\ Executive 
summaries should be limited to five pages total, including footnotes. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\13\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension Effective Period, 85 FR 41363 (July 10, 
2020) (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. 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 briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice. 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, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b). 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 assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    For entries of subject merchandise during the POR produced by an 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate (i.e., 9.10 
percent) if there is no rate for the intermediate company(ies) involved 
in the transaction.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    If we continue to find in the final results that Geekay, Astrotech, 
Trinity, and Modern had no shipments of subject merchandise during the 
POR, we will instruct CBP to liquidate any suspended entries that 
entered under their antidumping duty case numbers (i.e., at that 
exporter's rate) at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this administrative 
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 steel nails from Oman entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Oman Fasteners 
will be the rate established in the final results of this review 
(except, if the rate is zero or de minimis, no cash deposit will be 
required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate

[[Page 52122]]

published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair value 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters is 9.10 percent.\15\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \15\ See Order.
---------------------------------------------------------------------------

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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: July 28, 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. Preliminary Determination of No Shipments
V. Companies not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-16823 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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