Notice2023-26892
Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2021-2022
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 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that sales of certain steel nails from the United Arab Emirates were made at less than normal value during the period of review (POR) May 1, 2021, through April 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85219-85221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Final Results
of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
sales of certain steel nails from the United Arab Emirates were made at
less than normal value during the period of review (POR) May 1, 2021,
through April 30, 2022.
DATES: Applicable December 7, 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 June 5, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ This review covers two
respondents: Master Nails and Pins Manufacturing, LLC/
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Middle East Manufacturing Steel LLC (collectively, Master) and Rich
Well Steel Industries LLC (Rich Well).
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\1\ See Certain Steel Nails from the United Arab Emirates:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 36536 (June 5, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
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From June 20 through 23,\2\ and July 3 through 7, 2023,\3\ Commerce
verified Master's sales and cost responses. On August 29, 2023, the
petitioner \4\ submitted case briefs,\5\ and on September 7 and 8,
2023, Rich Well \6\ and Master,\7\ respectively, submitted rebuttal
briefs. On September 21, 2023, we extended the deadline for these final
results to December 1, 2023.\8\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\9\
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\2\ See Verification Report, ``Verification of the Sales
Response of Master Nails and Pins Manufacturing LLC,'' dated July
21, 2023.
\3\ See Verification Report, ``Verification of the Cost Response
of Master Nails and Pins Manufacturing LLC,'' dated August 15, 2023.
\4\ The petitioner is Mid Continent Steel & Wire, Inc.
\5\ See Petitioner's Letters, ``Case Brief Regarding Master,''
and ``Case Brief Regarding Rich Well,'' both dated August 29, 2023.
\6\ See Rich Well's Letter, ``Rich Well Steel Industries LLC
Rebuttal to the Petitioner's Case Brief,'' dated September 7, 2023.
\7\ See Master's Letter, ``Rebuttal Brief of Master,'' dated
September 8, 2023.
\8\ See Memorandum, ``Extension of Deadline for Final Results of
the 2021-2022 Antidumping Duty Administrative Review,'' dated
September 21, 2023.
\9\ See Memorandum, ``Certain Steel Nails from the United Arab
Emirates: Issues and Decision Memorandum for the Final Results of
the Antidumping Duty Administrative Review; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>10</SUP>
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\10\ 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
United Arab Emirates. For a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
We addressed the issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is included 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://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record, including our verification
reports and comments received from interested parties, we have made
changes to the Preliminary Results margin calculation for Master.\11\
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\11\ See Issues and Decision Memorandum at Comments 1 and 2.
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Final Results of Administrative Review
Commerce determines 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 4.58
Manufacturing Steel, LLC...............................
Rich Well Steel Industries LLC.......................... 2.28
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review (with respect to Master's
revised dumping margin) to interested parties within five days after
public announcement of the final results or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.
Because the weighted-average dumping margins for Master and Rich
Well are not zero or de minimis (i.e., less than 0.5 percent), we
calculated importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for the examined sales
to the total entered value of the sales. Where an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Master or Rich Well for
which they did not know their merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\12\
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\12\ 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) of the Act: (1) the cash deposit rates for Master and Rich
Well will be the weighted-average dumping margins established in the
final results of this administrative review; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
LTFV investigation, but the producer has been covered in a prior
completed segment of this proceeding, the cash deposit rate will be the
company-specific rate established for the most recent period 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.\13\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\13\ See Order, 77 FR at 27422.
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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
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during this POR. Failure to comply with this requirement could result
in Commerce's presumption that reimbursement of antidumping duties has
occurred and the subsequent assessment of double 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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy 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: Whether Master Nails and Pins Manufacturing, LLC/
Middle East Manufacturing Steel, LLC (Master) Failed to Report
Reliable/Verifiable Sales Data
Comment 2: Whether Commerce Should Make Adjustments to Master's
Data
Comment 3: Whether Rich Well Steel Industries LLC (Rich Well)
Failed to Provide an Accurate and Reliable Cost Database
Comment 4: Whether Commerce Should Adjust Rich Well's General
and Administrative (G&A) Expenses
VI. Recommendation
[FR Doc. 2023-26892 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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