Certain Steel Nails From the Sultanate of Oman: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023, 65593-65596 [2024-17912]
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Notices
after the date of publication of this
notice.16 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review.17 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.18 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.19
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.20 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).21
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
khammond on DSKJM1Z7X2PROD with NOTICES
16 See
19 CFR 351.224(b).
17 See 19 CFR 351.309(c)(1)(ii).
18 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
19 See 19 351.309(c)(2) and (d)(2).
20 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
21 See APO and Service Final Rule.
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30 days after the date of publication of
this notice.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the
producers/exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend 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).
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). Commerce
intends to issue appropriate assessment
instructions directly to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. If the rate
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65593
calculated in the final results is zero or
de minimis , no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
Appendix II
List of Companies Commerce Is Rescinding
on in This Administrative Review
1. Ester Industries Ltd.
2. Polyplex Corporation, Ltd.
3. SRF Limited of India
4. Vacmet India Limited
5. Chiripal Poly Films Limited
6. Cosmo First Ltd., India
[FR Doc. 2024–17859 Filed 8–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Preliminary Results and
Rescission, in Part, of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Notices
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 18
exporters and producers from Oman.
The period of review (POR) is July 1,
2022, through June 30, 2023. 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. We
are rescinding this review, in part, with
respect to one company for which all
requests for review were withdrawn. We
are also rescinding this review, in part,
with respect to 16 companies which had
no suspended entries. Interested parties
are invited to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable August 12, 2024.
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
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On July 3, 2023, 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 11,
2023, 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 8, 2024, 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
120 days until July 30, 2024.4 For a
complete description of the events that
followed the initiation of this review,
See the Preliminary Decision
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 42693 (July 3, 2023).
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, 88 FR
62322 (September 11, 2023) (Initiation Notice).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 8, 2024.
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Memorandum.5 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.6 The deadline for the preliminary
results is now August 6, 2024.
A list of the topics included in the
Preliminary Decision Memorandum is
included as Appendix I 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.7
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review.
Because all requests for administrative
review of Gulf Nails LLC (Gulf Nails)
were withdrawn by interested parties
within 90 days of the date of the
publication of the Initiation Notice,
Commerce is rescinding this review
with respect to Gulf Nails, in
accordance with 19 CFR 351.213(d)(1).
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an
antidumping duty order when there are
no reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.8 Normally,
upon completion of an administrative
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Steel Nails from the Sultanate of Oman; 2022–
2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 Id.
8 See, e.g., Dioctyl Terephthalate from the
Republic of Korea: Rescission of Antidumping
Administrative Review; 2021–2022, 88 FR 24758
(April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic
of Germany: Recission of Antidumping
Administrative Review; 2020–2021, 88 FR 4157
(January 24, 2023).
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review, the suspended entries are
liquidated at the antidumping duty
assessment rate calculated for the
review period.9 Therefore, for an
administrative review to be conducted,
there must be at least one reviewable,
suspended entry that Commerce can
instruct U.S. Customs and Border
Protection (CBP) to liquidate at the
antidumping duty assessment rate
calculated for the review period.10
There were no entries of subject
merchandise during the POR for 16
companies subject to this review.11 As
a result, on January 16, 2024, Commerce
notified all interested parties of its
intent to rescind this review, in part,
with respect to these 16 companies.12
The petitioner 13 commented on our
Intent to Rescind, and we responded to
the petitioner’s comments in the
accompanying Preliminary Decision
Memorandum.14 The administrative
review remains active with respect to
one company, Oman Fasteners.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export prices
and NV in accordance with sections 772
and 773 of the Act, respectively. For a
full description of the methodology
underlying our preliminary results of
review, See the Preliminary Decision
Memorandum.
Preliminary Results of Review
We are assigning the following
weighted-average dumping margin to
the sole company listed below for the
period July 1, 2022, through June 30,
2023:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Oman Fasteners, LLC ................
0.00
Disclosure
Commerce intends to disclose its
calculations for the preliminary results
of review to parties to the proceeding
within five days of any public
announcement or, if there is no public
announcement, within five days of the
9 See
19 CFR 351.212(b)(1).
19 CFR 351.213(d)(3).
11 See Appendix II for a list of these companies.
12 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated January 16, 2024 (Intent to
Rescind).
13 The petitioner is Mid Continent Steel & Wire,
Inc.
14 See Preliminary Decision Memorandum at
section IV, ‘‘Partial Rescission of Administrative
Review.’’
10 See
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Notices
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice in
the Federal Register.15 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case
briefs.16 Interested parties who submit
case briefs or rebuttal briefs in this
review must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.17
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.18 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).19
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 for a hearing should
contain: (1) the requesting party’s name,
address, and telephone number; (2) the
number of individuals associated with
the requesting party that will attend the
hearing and whether any of those
individuals is a foreign national; and (3)
15 See 19 CFR 351.303 (for general filing
requirements).
16 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
19 See APO and Service Final Rule, 88 FR at
67070.
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a list of the issues that the party intends
to discuss at the hearing. Issues raised
in the hearing will be limited to those
raised in the case and rebuttal briefs. An
electronically filed hearing request must
be received successfully in its entirety
by Commerce’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice in the Federal
Register. If a hearing is requested,
Commerce will announce the date and
time of the hearing. Parties should
confirm the date and time of the hearing
two days before the scheduled hearing
date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.20
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of
merchandise covered by this review
shall be based on the final results of the
review.21 Therefore, upon issuance of
the final results of this review,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review in
accordance with 19 CFR 351.212(b)(1).
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).
We will calculate importer-specific
assessment rates for Oman Fasteners in
accordance with 19 CFR 351.212(b)(1).22
Because Oman Fasteners reported
entered values for its sales, we will
calculate importer-specific ad valorem
assessment rates for the company by
20 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h)(1).
21 See section 751(a)(2)(C) of the Act.
22 We applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
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dividing the total amount of dumping
calculated for all reviewed U.S. sales to
the importer by the total entered value
of the merchandise sold to the
importer.23
Where either Oman Fasteners’ ad
valorem weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem assessment
rate is zero or de minimis,24 we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For the companies listed in Appendix
II for which we are rescinding this
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i),
not before 35 days after the publication
date of these preliminary results.
Pursuant to a refinement to
Commerce’s assessment practice, where
sales of subject merchandise that was
produced or exported by an
individually examined respondent were
not reported in the U.S. sales data
submitted by the respondent, but the
merchandise was entered for
consumption in the United States
during the POR, Commerce will instruct
CBP to liquidate any entries of such
merchandise at the all-others rate (i.e.,
9.10 percent) 25 if there is no rate for the
intermediate company(ies) involved in
the transaction.26
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Oman Fasteners
will be equal to the weighted-average
dumping margin established for the
company in the final results of this
review, except if the weighted-average
dumping margin is less than 0.50
percent, and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), the cash deposit rate will
be zero; (2) for previously investigated
or reviewed companies that are not
covered by this review, the cash deposit
23 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
25 See Order, 80 FR at 39996.
26 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
24 See
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rate will continue to be the company’s
cash deposit rate from the most recently
completed segment of the proceeding in
which it was examined; (3) if the
exporter is not covered by this review,
and does not have a cash deposit rate
from a completed segment of this
proceeding, but the producer of the
subject merchandise does have a cash
deposit rate, then the cash deposit rate
will be the producer’s cash deposit rate
from the most recently completed
segment of the proceeding in which it
was examined; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 9.10 percent, the allothers rate established in the less-thanfair-value investigation.27 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the 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 of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
6. CL Synergy (Pvt) Ltd.
7. Diamond Foil Trading LLC
8. Geekay Wires Ltd.
9. Gulf Nails, LLC
10. Gulf Nails Manufacturing, LLC
11. Gulf Steel Manufacturers, LLC
12. Modern Factory for Metal Products, LLC
13. Muscat Industrial Company, LLC
14. Muscat Nails Factory Golden Asset Trade,
LLC
15. Oman Ocean Trading L.L.C.
16. Trinity Steel Pvt. Ltd.
17. WWL Indian Private Ltd.
[FR Doc. 2024–17912 Filed 8–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain corrosionresistant steel products (CORE) from the
Republic of Korea (Korea) were sold in
the United States at less than normal
value (NV) during the period of review
(POR), July 1, 2022, through June 30,
2023. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–4868,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce
published in the Federal Register the
antidumping duty order on CORE from
Korea.1 Based on a timely request for
review, and in accordance with 19 CFR
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Appendix II
List of Companies for Which We Are
Rescinding the Review
1. Al Ansari Teqmark, LLC
2. Al Kiyumi Global LLC
3. Al Sarah Building Materials LLC
4. Astrotech Steels Private Ltd.
5. Buraimi Iron & Steel, LLC
27 See
Order, 80 FR 39996.
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1 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order); and Certain
Corrosion-Resistant Steel Products from India, Italy,
the People’s Republic of China, the Republic of
Korea, and Taiwan: Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25,
2016).
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351.221(c)(1)(i), Commerce initiated this
administrative review on September 29,
2023.2 This review covers 13
companies,3 of which we selected
Dongkuk Coated Metal Co., Ltd.
(Dongkuk) and Hyundai Steel Company
(Hyundai) as mandatory respondents.4
On March 22, 2024, we extended the
deadline for the preliminary results of
this review until July 30, 2024.5 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.6 The
deadline for the preliminary results is
now August 6, 2024. For a detailed
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.7
Scope of the Order
The merchandise covered by the
Order is CORE from Korea. The
products subject to the Order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0040, 7210.49.0045,
7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, and 7212.60.0000.8
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62326 (September 11, 2023).
3 The 13 companies are: Dongbu Incheon Steel
Co., Ltd.; Dongkuk; Dongkuk International, Inc.;
Dongkuk Steel Mill Co., Ltd.; Hyundai; KG Steel
Corporation; KG Dongbu Steel Co., Ltd.; POSCO;
POSCO Coated & Color Steel Co., Ltd.; POSCO
International Corporation; POSCO STEELEON Co.,
Ltd.; SeAH Coated Metal Corporation; and SeAH
Steel Corporation. We note that Commerce
previously found that KG Steel Corporation is the
successor-in-interest to KG Dongbu Steel Co., Ltd.
For further information, see Certain Cold-Rolled
Steel Flat Products and Certain Corrosion-Resistant
Steel Products from the Republic of Korea: Final
Results of Antidumping and Countervailing Duty
Changed Circumstances Reviews, 87 FR 64013
(October 21, 2022).
4 See Memorandum, ‘‘Respondent Selection,’’
dated January 11, 2024.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022–2023 Antidumping
Duty Administrative Review,’’ dated March 22,
2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Corrosion-Resistant Steel Products from the
Republic of Korea; 2022–2023,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
8 On July 26, 2021, Commerce added two
additional HTSUS subheadings at the request of
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65593-65596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 65594]]
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 18 exporters and producers from Oman. The period of review (POR)
is July 1, 2022, through June 30, 2023. 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. We
are rescinding this review, in part, with respect to one company for
which all requests for review were withdrawn. We are also rescinding
this review, in part, with respect to 16 companies which had no
suspended entries. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 12, 2024.
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 3, 2023, 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
11, 2023, 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, 88 FR 42693 (July 3,
2023).
\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, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
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On March 8, 2024, 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 120 days
until July 30, 2024.\4\ For a complete description of the events that
followed the initiation of this review, See the Preliminary Decision
Memorandum.\5\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\6\ The deadline for the
preliminary results is now August 6, 2024.
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 8,
2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from the Sultanate of Oman; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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A list of the topics included in the Preliminary Decision
Memorandum is included as Appendix I 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.\7\
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\7\ Id.
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. Because all requests
for administrative review of Gulf Nails LLC (Gulf Nails) were withdrawn
by interested parties within 90 days of the date of the publication of
the Initiation Notice, Commerce is rescinding this review with respect
to Gulf Nails, in accordance with 19 CFR 351.213(d)(1).
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order when
there are no reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\8\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate calculated for the review period.\9\
Therefore, for an administrative review to be conducted, there must be
at least one reviewable, suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the
antidumping duty assessment rate calculated for the review period.\10\
There were no entries of subject merchandise during the POR for 16
companies subject to this review.\11\ As a result, on January 16, 2024,
Commerce notified all interested parties of its intent to rescind this
review, in part, with respect to these 16 companies.\12\ The petitioner
\13\ commented on our Intent to Rescind, and we responded to the
petitioner's comments in the accompanying Preliminary Decision
Memorandum.\14\ The administrative review remains active with respect
to one company, Oman Fasteners.
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\8\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to-Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 351.213(d)(3).
\11\ See Appendix II for a list of these companies.
\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated January 16, 2024 (Intent to Rescind).
\13\ The petitioner is Mid Continent Steel & Wire, Inc.
\14\ See Preliminary Decision Memorandum at section IV,
``Partial Rescission of Administrative Review.''
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and NV in
accordance with sections 772 and 773 of the Act, respectively. For a
full description of the methodology underlying our preliminary results
of review, See the Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following weighted-average dumping margin to
the sole company listed below for the period July 1, 2022, through June
30, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners, LLC........................................ 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations for the preliminary
results of review to parties to the proceeding within five days of any
public announcement or, if there is no public announcement, within five
days of the
[[Page 65595]]
date of publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice in the Federal Register.\15\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\16\
Interested parties who submit case briefs or rebuttal briefs in this
review must submit: (1) a table of contents listing each issue; and (2)
a table of authorities.\17\
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\15\ See 19 CFR 351.303 (for general filing requirements).
\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule, 88 FR at 67070.
---------------------------------------------------------------------------
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 for a hearing should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
individuals associated with the requesting party that will attend the
hearing and whether any of those individuals is a foreign national; and
(3) a list of the issues that the party intends to discuss at the
hearing. Issues raised in the hearing will be limited to those raised
in the case and rebuttal briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice in the Federal
Register. If a hearing is requested, Commerce will announce the date
and time of the hearing. Parties should confirm the date and time of
the hearing two days before the scheduled hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\20\
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\20\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by this review
shall be based on the final results of the review.\21\ Therefore, upon
issuance of the final results of this review, Commerce will determine,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review in accordance with 19 CFR
351.212(b)(1).
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\21\ See section 751(a)(2)(C) of the Act.
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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).
We will calculate importer-specific assessment rates for Oman
Fasteners in accordance with 19 CFR 351.212(b)(1).\22\ Because Oman
Fasteners reported entered values for its sales, we will calculate
importer-specific ad valorem assessment rates for the company by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer by the total entered value of the merchandise
sold to the importer.\23\
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\22\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\23\ See 19 CFR 351.212(b)(1).
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Where either Oman Fasteners' ad valorem weighted-average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis,\24\ we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\24\ See 19 CFR 351.106(c)(2).
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For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i), not before 35
days after the publication date of these preliminary results.
Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered for
consumption in the United States during the POR, Commerce will instruct
CBP to liquidate any entries of such merchandise at the all-others rate
(i.e., 9.10 percent) \25\ if there is no rate for the intermediate
company(ies) involved in the transaction.\26\
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\25\ See Order, 80 FR at 39996.
\26\ 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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Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Oman Fasteners will be equal to the weighted-
average dumping margin established for the company in the final results
of this review, except if the weighted-average dumping margin is less
than 0.50 percent, and, therefore, de minimis within the meaning of 19
CFR 351.106(c)(1), the cash deposit rate will be zero; (2) for
previously investigated or reviewed companies that are not covered by
this review, the cash deposit
[[Page 65596]]
rate will continue to be the company's cash deposit rate from the most
recently completed segment of the proceeding in which it was examined;
(3) if the exporter is not covered by this review, and does not have a
cash deposit rate from a completed segment of this proceeding, but the
producer of the subject merchandise does have a cash deposit rate, then
the cash deposit rate will be the producer's cash deposit rate from the
most recently completed segment of the proceeding in which it was
examined; and (4) the cash deposit rate for all other producers or
exporters will continue to be 9.10 percent, the all-others rate
established in the less-than-fair-value investigation.\27\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\27\ See Order, 80 FR 39996.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the 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 of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(2) and 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
List of Companies for Which We Are Rescinding the Review
1. Al Ansari Teqmark, LLC
2. Al Kiyumi Global LLC
3. Al Sarah Building Materials LLC
4. Astrotech Steels Private Ltd.
5. Buraimi Iron & Steel, LLC
6. CL Synergy (Pvt) Ltd.
7. Diamond Foil Trading LLC
8. Geekay Wires Ltd.
9. Gulf Nails, LLC
10. Gulf Nails Manufacturing, LLC
11. Gulf Steel Manufacturers, LLC
12. Modern Factory for Metal Products, LLC
13. Muscat Industrial Company, LLC
14. Muscat Nails Factory Golden Asset Trade, LLC
15. Oman Ocean Trading L.L.C.
16. Trinity Steel Pvt. Ltd.
17. WWL Indian Private Ltd.
[FR Doc. 2024-17912 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P
