Notice2023-16823
Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
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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
August 7, 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 Sultanate of Oman (Oman). This review covers 17 exporters and producers from Oman. The period of review (POR) is July 1, 2021, through June 30, 2022. The sole mandatory respondent in this review is Oman Fasteners, LLC (Oman Fasteners). Commerce preliminarily determines that sales of subject merchandise have not been made below normal value (NV) by Oman Fasteners during the POR. In addition, we preliminarily find that Geekay Wires Ltd. (Geekay), Astrotech Steels Private Ltd. (Astrotech), Trinity Steel Pvt. Ltd. (Trinity), and Modern Factory for Metal Products, LLC (Modern) had no shipments during the POR. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52120-52122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16823]
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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 Preliminary
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
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 Sultanate of Oman (Oman). This review
covers 17 exporters and producers from Oman. The period of review (POR)
is July 1, 2021, through June 30, 2022. The sole mandatory respondent
in this review is Oman Fasteners, LLC (Oman Fasteners). Commerce
preliminarily determines that sales of subject merchandise have not
been made below normal value (NV) by Oman Fasteners during the POR. In
addition, we preliminarily find that Geekay Wires Ltd. (Geekay),
Astrotech Steels Private Ltd. (Astrotech), Trinity Steel Pvt. Ltd.
(Trinity), and Modern Factory for Metal Products, LLC (Modern) had no
shipments during the POR. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 7, 2023.
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 1, 2022, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the
antidumping duty (AD) Order on steel nails from Oman.\2\ On September
6, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published
a notice of initiation of an administrative review of the Order.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1,
2022).
\2\ 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).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022).
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On March 2, 2023, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2),
Commerce extended the due date for the preliminary results by 118 days
until July 28, 2023.\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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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 2,
2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022: Certain Steel
Nails from the Sultanate of Oman'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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A list of the 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 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The merchandise covered by the scope of this Order is steel nails
from Oman. A complete description of the scope of the Order is
contained in the Preliminary Decision Memorandum.\6\
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\6\ Id.
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Preliminary Determination of No Shipments
Based upon the no-shipment certifications received by Commerce, and
our review of the U.S. Customs and Border Protection (CBP) data, we
preliminary find that Geekay, Astrotech, Trinity, and Modern had no
shipments during the POR. CBP did not provide any information to
contradict the claims of no shipments during the POR.\7\ Consistent
with Commerce's practice, we will not rescind the review with respect
to Geekay, Astrotech, Trinity, and Modern in these preliminary results,
but rather will complete the review and issue appropriate liquidation
instructions to CBP based on the final results.\8\ For additional
information regarding this determination, see the Preliminary Decision
Memorandum.
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\7\ See Memorandum, ``No Shipment Inquiry for Various Companies
During the Period 07/01/2021 Through 06/30/2022,'' {sic{time} dated
July 20, 2023.
\8\ See, e.g., Welded Line Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017, 84 FR 4046,
4047 (February 14, 2019), unchanged in Welded Line Pipe from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2016-2017, 84 FR
27762 (June 14, 2019).
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a 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 market
economy investigation, for guidance when calculating the rate for
companies which 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} .'' However, section 735(c)(5)(B) of the
Act provides that if the estimated weighted average dumping margins for
exporters and producers individually examined are all zero, de minimis,
or based entirely on facts available, Commerce may use any reasonable
method to establish the estimated all-others rate.
[[Page 52121]]
In this review, we have calculated a weighted-average dumping
margin for the sole respondent, Oman Fasteners of zero percent.
Accordingly, we have assigned to the companies not individually
examined a margin of 0.00 percent, the sole margin calculated in this
proceeding.\9\
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\9\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345, 1353 (Fed. Cir. 2016); see also Certain Hot Rolled Steel
Flat Products from Japan: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018, 85 FR 57821 (September 16, 2020).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) 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.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
July 1, 2021, through June 30, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Oman Fasteners, LLC......................................... 0.00
Al Ansari Teqmark, LLC...................................... 0.00
Al Kiyumi Global LLC........................................ 0.00
Al Sarah Building Materials LLC............................. 0.00
Buraimi Iron & Steel, LLC................................... 0.00
CL Synergy (Pvt) Ltd........................................ 0.00
Diamond Foil Trading LLC.................................... 0.00
Gulf Nails Manufacturing, LLC............................... 0.00
Gulf Steel Manufacturers, LLC............................... 0.00
Muscat Industrial Company, LLC.............................. 0.00
Muscat Nails Factory Golden Asset Trade, LLC................ 0.00
Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd. 0.00
Sti........................................................
WWL Indian Private Ltd...................................... 0.00
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify certain information reported by Oman Fasteners prior to issuing
its final results.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\10\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs containing issues pertaining to Oman Fasteners to Commerce no
later than seven days after the date on which the verification report
is issued in this administrative 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.\11\ Interested 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.\12\ 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.\13\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension Effective Period, 85 FR 41363 (July 10,
2020) (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. 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 briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. 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, unless extended, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b). If a respondent'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 assessment rates on the basis of
the ratio of the total amount of dumping calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 9.10
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\14\
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\14\ 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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If we continue to find in the final results that Geekay, Astrotech,
Trinity, and Modern had no shipments of subject merchandise during the
POR, we will instruct CBP to liquidate any suspended entries that
entered under their antidumping duty case numbers (i.e., at that
exporter's rate) at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this administrative
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 steel nails from Oman entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Oman Fasteners
will be the rate established in the final results of this review
(except, if the rate is zero or de minimis, no cash deposit will be
required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate
[[Page 52122]]
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the less-than-fair value
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters is 9.10 percent.\15\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\15\ See Order.
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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 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
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 28, 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. Preliminary Determination of No Shipments
V. Companies not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-16823 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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