Notice2021-25933
Certain Steel Nails From the Sultanate of Oman: Final Results 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
November 29, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Oman Fasteners LLC (Oman Fasteners) made sales of subject merchandise below normal value. The period of review (POR) is July 1, 2019, through June 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 226 (Monday, November 29, 2021)</title>
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[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67690-67691]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25933]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Oman
Fasteners LLC (Oman Fasteners) made sales of subject merchandise below
normal value. The period of review (POR) is July 1, 2019, through June
30, 2020.
DATES: Applicable November 29, 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
On June 1, 2021, Commerce published the preliminary results of the
administrative review of the antidumping duty (AD) order on certain
steel nails (steel nails) from the Sultanate of Oman (Oman).\1\ For a
history of events that have occurred since the Preliminary Results, see
the Issues and Decision Memorandum.\2\
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\1\ See 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, 86 FR 29244 (June 1, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from the Sultanate of
Oman,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by the antidumping duty order is certain
steel nails. For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised in the case and rebuttal
briefs in the Issues and Decision Memorandum. These issues are
identified in the appendix to this notice. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made one
change to the margin calculation for Oman Fasteners since the
Preliminary Results. We have recalculated the constructed value (CV)
profit ratio for the final results.\3\
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\3\ See Issues and Decision Memorandum at Comment 2; see also
Memorandum, ``Final Results of the Fifth Antidumping Duty
Administrative Review of Certain Steel Nails from the Sultanate of
Oman: Final Analysis Memorandum for Oman Fasteners, LLC,'', dated
concurrently with this notice (Final Analysis Memorandum).
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Final Results of Review
As a result of this administrative review, we determine the
following weighted-average dumping margin for the period July 1, 2019,
through June 30, 2020:
[[Page 67691]]
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Weighted-
average
Manufacturer/exporter margin
(percent)
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Oman Fasteners LLC......................................... 1.65
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Disclosure
Commerce intends to disclose the calculations performed for Oman
Fasteners in these final results to interested parties within five days
of the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this administrative review. 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).
Where the respondent reported reliable entered values, Commerce
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\4\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\5\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\6\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\7\
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\4\ See 19 CFR 351.212(b)(1).
\5\ Id.
\6\ Id.
\7\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise that entered the United States
during the POR that were produced by Oman Fasteners for which the
respondent did not know that its merchandise was destined to the United
States, Commerce will instruct CBP to liquidate unreviewed entries at
the all-others rate of 9.10 percent,\8\ if there is no rate for the
intermediate company(ies) involved in the transaction.\9\
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\8\ See Certain Steel Nails from the Sultanate of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28972 (May 20,
2015) (Investigation Final Determination).
\9\ 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 effective upon
publication of the notice of the final results of this administrative
review 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 in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the companies covered by this review,
the cash deposit rate will be the rates listed above in the section
``Final Results of Review''; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published in a completed segment for the
most recent period of review; (3) if the exporter is not a firm covered
in this review or in the original investigation, but the producer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 9.10 percent, the all-others rate
established in the investigation.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Investigation Final Determination.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 22, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Determining the Appropriate Basis for Constructed
Value (CV) Financial Ratios
Comment 2: Whether to Revise the CV Profit Ratio
Comment 3: Whether to Revise the CV Indirect Selling Expense
(ISE) Ratio
Comment 4: Whether the Applied Average-to-Transaction Method is
Flawed
VI. Recommendation
[FR Doc. 2021-25933 Filed 11-26-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 29, 2021.
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