Notice2022-12213
Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that sales of certain steel nails (steel nails) from the United Arab Emirates (UAE) were made at less than normal value (NV) during the period of review (POR) May 1, 2020, through April 30, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34637-34639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12213]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that sales of certain steel nails (steel nails) from the United Arab
Emirates (UAE) were made at less than normal value (NV) during the
period of review (POR) May 1, 2020, through April 30, 2021. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable June 7, 2022.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Kelsie Hohenberger,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3860 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2021, Commerce initiated an administrative review of the
antidumping duty order on steel nails from the UAE in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
administrative review covers 18 producers/exporters of the subject
merchandise.\2\ Commerce selected two mandatory respondents for
individual examination: Middle East Manufacturing Steel LLC (MEM) and
Master Nails and Pins Manufacturing, LLC (Master). We preliminarily
find, however, that it is appropriate to treat MEM and Master as a
single entity (MEM/Master).\3\ On January 20, 2022,
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Commerce extended the deadline for the preliminary results of this
administrative review by 120 days, until May 31, 2022.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481 (July 6, 2021) (Initiation
Notice).
\2\ While the Initiation Notice names 19 companies, we
subsequently found two of these companies to be affiliated and are
preliminarily treating them as a single entity.
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Steel Nails from the United Arab Emirates--Middle East
Manufacturing Steel LLC and Master Nails and Pins Manufacturing LLC
Preliminary Affiliation and Single Entity Memo,'' dated concurrently
with this notice. Commerce has preliminarily determined that MEM and
Master are affiliated, pursuant to section 771(33)(F) of the Act,
and should be considered a single-entity, pursuant to 19 CFR
351.401(f).
\4\ See Memorandum, ``Certain Steel Nails from the United Arab
Emirates: Extension of Deadline for Preliminary Results of 2020-2021
Antidumping Duty Administrative Review,'' dated January 20, 2022.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of 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 made available to the public 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order:
Certain Steel Nails from the United Arab Emirates; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ See Certain Steel Nails from the United Arab Emirates:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order).
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The products covered by this Order are certain steel nails from the
UAE. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) 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.
Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the 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 less-than-fair value (LTFV) investigation, for
guidance when calculating the rate for companies that 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} .'' In this
segment of the proceeding, we calculated a margin for MEM/Master, the
sole mandatory respondent, that was not zero, de minimis, or based on
facts available. Accordingly, consistent with section 735(c)(5)(A), we
determined the weighted-average dumping margin calculated for MEM/
Master to be the weighted-average dumping margin for the non-examined
companies.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exists for the period May 1, 2020, through April 30,
2021:
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Weighted- average
Producer/exporter dumping margin
(percent)
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Middle East Manufacturing Steel LLC/Master Nails and 3.65
Pins Manufacturing, LLC.............................
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Review-Specific Rate Applicable to the Following Companies
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Al Falaq Building Materials.......................... 3.65
Al Khashab Building Materials Co., LLC............... 3.65
Al Rafaa Star Building Materials Est................. 3.65
Al Sabbah Trading and Importing, Est................. 3.65
All Ferro Building Materials, LLC.................... 3.65
Asgarali Yousuf Trading Co., LLC..................... 3.65
Azymuth Consulting, LLC.............................. 3.65
Burj Al Tasmeem, Tr.................................. 3.65
Gheewala Hardware Trading Company, LLC............... 3.65
New World International, LLC......................... 3.65
Okzeela Star Building Materials Trading, LLC......... 3.65
Rich Well Steel Industries LLC....................... 3.65
Rishi International, FZCO............................ 3.65
Samrat Wire Industry, LLC............................ 3.65
Sea Lan Contracting.................................. 3.65
SK Metal International DMCC.......................... 3.65
Trade Circle Enterprises, LLC........................ 3.65
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\7\ If MEM/Master'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 antidumping duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where the importer-specific assessment rate
[[Page 34639]]
calculated in the final results of this review is not zero or de
minimis.
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\7\ See 19 CFR 351.212(b)(1).
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For the companies which were not selected for individual review, we
intend to determine an assessment rate based on the rate calculated for
MEM/Master, as noted above. 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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\8\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondent where the respondent did not know that the merchandise was
destined for the United States, we intend to instruct CBP to liquidate
those entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\9\
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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).
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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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative 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 rates published for the most
recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered by this review, a
prior review, or the original LTFV investigation, but the producer is,
then 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 4.30 percent,\10\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\11\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. 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.\12\ 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.\13\ Case and rebuttal briefs should be filed using ACCESS
\14\ and must be served on interested parties.\15\ 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.\16\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See 19 CFR 351.303(f).
\16\ See 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. An electronically-filed document 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. 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 and rebuttal briefs.
Final Results of the Review
Unless otherwise extended, 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, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: May 31, 2022.
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. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-12213 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 7, 2022.
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