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]
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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.
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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.
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).
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18:58 Aug 04, 2023
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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).
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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).
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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
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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
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]]>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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
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\14\ 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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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.
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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
