Notice2021-11464
Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 1, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that sales of certain steel nails (steel nails) from the Sultanate of Oman (Oman) have been made below normal value during the period of review (POR), July 1, 2019, through June 30, 2020. Further, Commerce is rescinding the administrative review, in part, with respect to Astrotech Steels Private Ltd. (Astrotech), Geekay Wires Limited (Geekay), Overseas International Steel Industry LLC & Overseas Distribution Services Inc. (Overseas), Trinity Steel Private Limited (Trinity Steel), Universal Freight Services LLC (Universal Freight Services), and WWL India Private Ltd (WWL India). Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 86 Issue 103 (Tuesday, June 1, 2021)</title>
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[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29244-29246]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11464]
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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 Partial
Rescission of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain steel nails (steel nails) from the Sultanate of
Oman (Oman) have been made below normal value during the period of
review (POR), July 1, 2019, through June 30, 2020. Further, Commerce is
rescinding the administrative review, in part, with respect to
Astrotech Steels Private Ltd. (Astrotech), Geekay Wires Limited
(Geekay), Overseas International Steel Industry LLC & Overseas
Distribution Services Inc. (Overseas), Trinity Steel Private Limited
(Trinity Steel), Universal Freight Services LLC (Universal Freight
Services), and WWL India Private Ltd (WWL India). Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable June 1, 2021.
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
Commerce is conducting an administrative review of the antidumping
duty order on steel nails
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from Oman.\1\ On July 1, 2020, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ The notice of initiation published on September 3,
2020.\3\ On October 2, 2020, Commerce selected Oman Fasteners LLC (Oman
Fasteners) as the sole mandatory respondent.\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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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 39531 (July 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\4\ See Commerce's Letter, dated October 2, 2020.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review of Certain Steel
Nails from the Sultanate of Oman; 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The products covered by the Order are nails from Oman. For a
complete description of the scope, see the Preliminary Decision
Memorandum.\6\
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\6\ Id.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of initiation of the requested review. On September 21,
2020, Mid Continent Steel & Wire (the petitioner) withdrew its requests
for an administrative review of Astrotech, Geekay, Overseas, Trinity
Steel, Universal Freight Services, and WWL India. No other party
requested a review of these companies. Accordingly, we are rescinding
this review with respect to these companies, pursuant to 19 CFR
351.213(d)(1). The review will continue with respect to Oman Fasteners.
Methodology
Commerce is conducting this administrative review in accordance
with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930 (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act.
For a full discussion of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as in appendix II to
this notice.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period July 1, 2019, through June 30,
2020:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Oman Fasteners LLC......................................... 1.76
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\7\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\8\
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\7\ See 19 CFR 351.212(b).
\8\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issues 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 summons is timely 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).
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we calculated an importer-specific ad valorem duty
assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where the mandatory respondent did not report
entered value, we calculated the entered value in order to calculate
the assessment rate. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Oman Fasteners for
which the reviewed companies did not know that the merchandise they
sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate such unreviewed entries pursuant to the
reseller policy,\9\ i.e., the assessment rate for such entries will be
equal to the all-others rate established in the investigation (i.e.
9.10 percent),\10\ if there is no rate for the intermediate
company(ies) involved in the transaction.
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\10\ See Certain Steel Nails from the Republic of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of steel nails from Oman entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the exporters
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not participating in this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment of this proceeding in which the
company was reviewed; (3) if the exporter is not a firm covered in this
review, a prior review, or the less-than-fair value (LTFV)
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recently completed segment of this
proceeding for the manufacturer of subject merchandise; and (4) the
cash deposit
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rate for all other manufacturers or exporters will continue to be 9.10
percent, the all-others rate made effective by the LTFV
investigation.\11\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ Id.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\12\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for filing case briefs.\13\ 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.\14\ Case and
rebuttal briefs should be filed using ACCESS and must be served on
interested parties.\15\ Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\16\
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\12\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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 Acting Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing 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
issues raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined.\17\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
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An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\18\ Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in all written briefs, not
later than 120 days after the 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), unless otherwise extended.\19\
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\18\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\19\ See section 751(a)(3)(A) of the Act.
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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)(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
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the AD Order
IV. Rescission of Requested Companies
V. Discussion of the methodology
VI. Recommendation
[FR Doc. 2021-11464 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 1, 2021.
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