Notice2022-27904
Certain Steel Nails From the Sultanate of Oman: Final 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
December 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain steel nails from the Sultanate of Oman (Oman) were sold in the United States at less than normal value (NV) during the period of review (POR), July 1, 2020, through June 30, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78639-78640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27904]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Final Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails from the Sultanate of Oman (Oman) were sold in the
United States at less than normal value (NV) during the period of
review (POR), July 1, 2020, through June 30, 2021.
DATES: Applicable December 22, 2022.
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 20, 2022, Commerce published the Preliminary Results of the
2020-2021 administrative review of the antidumping duty order on steel
nails from Oman.\1\ For a history of events that have occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020-2021, 87 FR 43240
(July 20, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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).
---------------------------------------------------------------------------
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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://enforcement.trade.gov/frn/index.html">https://enforcement.trade.gov/frn/index.html</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made no
change to the margin applied to Oman Fasteners LLC (Oman Fasteners) in
the Preliminary Results. We have assigned the same margin as the total
adverse facts available (AFA) rate for these final results.\3\
---------------------------------------------------------------------------
\3\ Id. at Comment 3.
---------------------------------------------------------------------------
Use of Adverse Facts Available
We continue to find that the application of total AFA, pursuant to
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), is warranted in determining Oman Fasteners' dumping margin
because it failed to timely submit information regarding its sales to
the United States.\4\ Therefore, as in the Preliminary Results, as AFA,
we assigned Oman Fasteners a dumping margin of 154.33 percent. See the
Issues and Decision Memorandum for further discussion.\5\
---------------------------------------------------------------------------
\4\ Id. at Comments 1 and 2.
\5\ Id. at Comment 3.
---------------------------------------------------------------------------
Commerce is not required to corroborate any dumping margin applied
in a separate segment of the same proceeding.\6\ Because the 154.33
percent rate was applied in a separate segment of this proceeding,
Commerce does not need to corroborate the rate in this review.
---------------------------------------------------------------------------
\6\ See section 776(c)(2) of the Act.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for 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 an
investigation, for guidance when calculating the rate for companies
which we did not examine in an administrative review. When the rates
for individually examined companies are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method'' to establish the all-
others rate. We based the dumping margin entirely on AFA for the sole
mandatory respondent, Oman Fasteners. Therefore, we assigned the
companies not selected for examination the all-others rate applied in
prior segments of this proceeding (i.e., 9.10 percent),\7\ consistent
with the guidance in section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
\7\ This rate is derived in the final determination of the
underlying investigation in this proceeding. See Certain Steel Nails
from the Sultanate of Oman: Final Determination of Sales at Less
Than Fair Value, 80 FR 28972 (May 20, 2015) (Steel Nails from Oman
Final Determination).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period July 1, 2020, through June 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Oman Fasteners LLC.......................................... \8\ 154.33
Non-Selected Companies...................................... 9.10
------------------------------------------------------------------------
\8\ Based on total AFA. For a full description of the methodology
underlying our conclusions regarding the application of AFA, see the
Issues and Decision Memorandum.
BILLING CODE 3510-DS-P
Disclosure
Normally, Commerce will disclose the calculations performed in
connection with the final results of review to parties to the
proceeding in accordance with 19 CFR 351.224(b). However, as there were
no margin calculations performed in the instant review, there are no
calculations
[[Page 78640]]
to disclose for the final results of this review.
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this 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).
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,\9\ if there is no rate for the
intermediate company(ies) involved in the transaction.\10\
---------------------------------------------------------------------------
\9\ See Steel Nails from Oman Final Determination.
\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Because we are applying total AFA to Oman Fasteners, we will
instruct CBP to apply an assessment rate to all entries Oman Fasteners
produced and/or exported equal to the dumping margin indicated above in
the ``Final Results of Review.'' Further, the assessment rate for
antidumping duties for each of the companies not selected for
individual examination will be equal to the weighted-average dumping
margin identified above in the ``Final Results of Review.''
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, a prior 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.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\11\ See Investigation Final Determination.
---------------------------------------------------------------------------
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 an
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: December 16, 2022.
Lisa W. Wang,
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. Discussion of the Issues
Comment 1: Whether to Accept/Add the Rejected Response to the
Record
Comment 2: Whether to Apply Adverse Facts Available (AFA)
Comment 3: Which Rate to Apply as AFA
V. Recommendation
[FR Doc. 2022-27904 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.