Notice2023-27131
Certain Steel Nails From the Sultanate of Oman: 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 11, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines Oman Fasteners, LLC (Oman Fasteners), the sole producer and exporter subject to this administrative review, made sales of certain steel nails (steel nails) from the Sultanate of Oman (Oman) in the United States at prices below normal value (NV) during the period of review (POR), July 1, 2021, through June 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 236 (Monday, December 11, 2023)</title>
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[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85878-85879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27131]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: 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 Oman
Fasteners, LLC (Oman Fasteners), the sole producer and exporter subject
to this administrative review, made sales of certain steel nails (steel
nails) from the Sultanate of Oman (Oman) in the United States at prices
below normal value (NV) during the period of review (POR), July 1,
2021, through June 30, 2022.
DATES: Applicable December 11, 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 August 7, 2023, Commerce published the Preliminary Results of
this administrative review and we invited interested parties to
comment.\1\ A summary of the events that occurred since Commerce
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for these final results, are discussed in the
Issues and Decision Memorandum.\2\
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\1\ See Certain Steel Nails from the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 52120
(August 7, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 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).
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Scope of the Order <SUP>3</SUP>
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\3\ 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).
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The product covered by this Order is steel nails from Oman. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed 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 comments received from interested parties regarding our
Preliminary Results and our review of the record, we made changes to
the preliminary weighted-average dumping margin calculations for Oman
Fasteners, as detailed in the Issues and Decision Memorandum.\4\
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\4\ See Issues and Decision Memorandum at Comment 2.
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Rate for Non-Examined Companies
The Tariff Act of 1930, as amended (the Act), 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, when calculating margins for non-
selected respondents, Commerce looks to section 735(c)(5) of the Act
for guidance, 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 calculated a dumping margin of 0.00
percent for the sole mandatory respondent, Oman Fasteners, LLC.
Therefore, we assigned the companies not selected for examination a
margin of 0.00 percent, the sole margin calculated in this
proceeding.\5\
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\5\ 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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Final Results of Review
As a result of this review, we determine the following estimated
weighted-average dumping margins exist for the POR:
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Weighted-average
Exporter or producer 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 0.00
Ticaret Ltd. Sti...................................
[[Page 85879]]
WWL Indian Private Ltd.............................. 0.00
All Others.......................................... 9.10
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Disclosure
Commerce intends to disclose the calculations performed for these
final results 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
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\6\ Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty 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 for which entered value was reported. Where
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\6\ See 19 CFR 351.212(b).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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.\7\ 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).
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\7\ 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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Cash Deposit Requirements
The following 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 that
is established in the ``Final Results of Review''; (2) for previously
investigated or reviewed companies not subject to this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers and exporters will continue to be
9.10 percent ad valorem, the all-others rate established in the LTFV
investigation.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 the POR. 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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)
and 19 CFR 351.213(h)(1).
Dated: December 4, 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: The Appropriate Source for Constructed Value (CV)
Profit and Indirect Selling Expenses (ISE)
Comment 2: Whether to Revise Mita's CV ISE Ratio
Comment 3: Whether to Calculate a CV Profit Cap
Comment 4: Whether to Apply Prior Period Costs to Certain U.S.
Sales
Comment 5: Whether Commerce's Targeted Dumping Methodology is
Unlawful
Comment 6: Whether to Deduct All Section 232 Duties
VI. Recommendation
[FR Doc. 2023-27131 Filed 12-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 11, 2023.
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