Notice2023-11842
Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission; 2021-2022
Primary source
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Published
June 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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 United Arab Emirates (UAE). The period of review (POR) is May 1, 2021, through April 30, 2022. Commerce preliminarily finds that sales of steel nails from the UAE were made at less than normal value (NV). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36536-36538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11842]
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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, and Partial
Rescission; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
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 United Arab Emirates (UAE). The period of
review (POR) is May 1, 2021, through April 30, 2022. Commerce
preliminarily finds that sales of steel nails from the UAE were made at
less than normal value (NV). We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 5, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, Commerce initiated an administrative review of
the antidumping duty order on steel nails from the UAE,\1\ in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act),\2\ with respect to
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18 producers/exporters of the subject merchandise.\3\ Commerce selected
two mandatory respondents for individual examination: Master Nails and
Pins Manufacturing, LLC (Master Nails)/Middle East Manufacturing Steel
LLC (MEM) (collectively, Master) and Rich Well Steel Industries LLC
(Rich Well).\4\ On January 12, 2023, Commerce extended the deadline for
the preliminary results of this administrative review until May 31,
2023.\5\ For details regarding the events that occurred subsequent to
the initiation of the review, see the Preliminary Decision
Memorandum.\6\
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022) (correcting
certain names contained in the Initiation Notice).
\3\ Commerce previously determined that Master Nails and MEM
comprise a single entity. See Certain Steel Nails from the United
Arab Emirates: Final Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 61566 (October 12, 2022).
\4\ See Memorandum ``Respondent Selection,'' dated August 2,
2022.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
January 12, 2023.
\6\ 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; 2021-2022,''
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 steel nails from the UAE. For
a full description of the scope, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in Part
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 the notice of initiation. Commerce received a timely-
filed withdrawal request from the petitioner relating to 16
companies.\7\ Because the withdrawal request was timely filed, and no
other party requested a review of these companies, in accordance with
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect
to the following companies: (1) Al Falaq Building Materials; (2) Al
Khashab Building Materials Co., LLC; (3) Al Rafaa Star Building
Materials Est.; (4) Al Sabbah Trading and Importing, Est.; (5) All
Ferro Building Materials, LLC; (6) Asgar Ali Yousif Trading Co., LLC;
(7) Azymuth Consulting, LLC; (8) Burj Al Tasmeem, Tr.; (9) Dubai Wire
FZE; (10) Gheewala Hardware Trading Company, LLC; (11) New World
International, LLC; (12) Okzeela Star Building Materials Trading, LLC;
(13) Samrat Wire Industry, LLC; (14) SK Metal International DMCC; (15)
Steel Racks Factory, LLC; and (16) Trade Circle Enterprises, LLC.\8\
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\7\ The petitioner is Mid Continent Steel & Wire, Inc.
\8\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 12, 2022.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price in accordance with
section 772 of the Act. We calculated NV in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
an 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2021, through April 30,
2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Master Nails and Pins Manufacturing, LLC/Middle East 4.30
Manufacturing Steel, LLC...................................
Rich Well Steel Industries LLC.............................. 2.28
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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 covered by this
review.\9\ Pursuant to 19 CFR 351.212(b)(1) if the weighted-average
dumping margin for Master or Rich Well 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. If either respondent's weighted-average dumping margin is zero
or de minimis, we intend to instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. 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.\10\
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\9\ See 19 CFR 351.212(b)(1).
\10\ 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 Master or
Rich Well where the respondent did not know that the merchandise was
destined for the United States, we will 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.\11\
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\11\ 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
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
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 merchandise exported by a company not
covered in this review, but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which it was reviewed; (3) if the exporter is not a firm
covered
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by this review, a prior review, or the original less-than-fair-value
(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,\12\ 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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\12\ See Order, 77 FR at 27422.
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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 or, if
there is no public announcement, within five days of the publication of
this notice.\13\ Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than seven days after the date on which the
last verification report is issued in this review. 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.\14\ 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.\15\ Case and
rebuttal briefs should be filed using ACCESS \16\ and must be served on
interested parties.\17\ Executive summaries should be limited to five
pages total, including footnotes. Note that Commerce has modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ 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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule.
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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.\19\ 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. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. A hearing request must be filed electronically using ACCESS
and received in its entirety by 5:00 p.m. Eastern Time within 30 days
after publication of this notice.
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\19\ See 19 CFR 351.310(c).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Final Results of 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 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 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 351.213 and 19
CFR 351.221(b)(4).
Dated: May 26, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-11842 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 5, 2023.
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