Notice2024-05173
Certain Steel Nails From the Sultanate of Oman: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; Notice of Amended Final Results
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
March 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On January 5, 2024, the United States Court of International Trade (CIT) issued its final judgment in Oman Fasteners, LLC v. United States and Mid Continent Steel & Wire, Inc., Court No. 22-00348, Slip Op. 24-1 (CIT January 5, 2024) (Oman Fasteners Slip Op. 24-1), sustaining the U.S. Department of Commerce's (Commerce) final remand results pertaining to the antidumping duty administrative review on certain steel nails (steel nails) from the Sultanate of Oman (Oman), covering the period of review July 1, 2020, though June 30, 2021. Commerce is notifying the public that the CIT's final judgment is not in harmony with the final results of the administrative review, and that Commerce is amending its final results.
Full Text
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<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Page 17811]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05173]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Notice of Court
Decision Not in Harmony With the Final Results of the Antidumping Duty
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 5, 2024, the United States Court of International
Trade (CIT) issued its final judgment in Oman Fasteners, LLC v. United
States and Mid Continent Steel & Wire, Inc., Court No. 22-00348, Slip
Op. 24-1 (CIT January 5, 2024) (Oman Fasteners Slip Op. 24-1),
sustaining the U.S. Department of Commerce's (Commerce) final remand
results pertaining to the antidumping duty administrative review on
certain steel nails (steel nails) from the Sultanate of Oman (Oman),
covering the period of review July 1, 2020, though June 30, 2021.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with the final results of the administrative review, and
that Commerce is amending its final results.
DATES: Applicable January 15, 2024.
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 December 22, 2022, Commerce published its final results in the
2020-2021 antidumping duty administrative review of steel nails from
Oman. Commerce applied a margin based on facts available with an
adverse inference to sole mandatory respondent Oman Fasteners, LLC
(Oman Fasteners), because Oman Fasteners filed an untimely
questionnaire response, which Commerce rejected. Oman Fasteners
appealed Commerce's Final Results. On February 15, 2023, the CIT
remanded the Final Results to Commerce to permit Oman Fasteners to
resubmit the rejected questionnaire response and to calculate a margin
based on Oman Fasteners' record information. In its final remand
redetermination, issued on July 17, 2023, Commerce calculated a margin
of zero percent based on Oman Fasteners' information.\1\ On January 5,
2024, the CIT sustained Commerce's Final Redetermination.\2\
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Oman Fasteners, LLC v. United States, Court No. 22-00348
(CIT February 15, 2023), dated July 17, 2023 (Final
Redetermination), available at <a href="https://access.trade.gov/resources/remands/23-17.pdf">https://access.trade.gov/resources/remands/23-17.pdf</a>.
\2\ See Oman Fasteners Slip Op. 24-1.
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Timken Notice
In its decision in Timken,\3\ as clarified by Diamond Sawblades,\4\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of a court decision that is not
``in harmony'' with a Commerce determination and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
CIT's January 5, 2024, judgment constitutes a final decision of the CIT
that is not in harmony with Commerce's Final Results. This notice is
published in fulfillment of the publication requirements of Timken.
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\3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\4\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Oman Fasteners' weighted-average
dumping margin as follows:
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Weighted
average
Producer and exporter dumping
margin
(percent)
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Oman Fasteners, LLC........................................ 0.00
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Cash Deposit Requirements
Because Oman Fasteners has a superseding cash deposit rate, i.e.,
there have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
The CIT's ruling was appealed on January 8, 2024.\5\ In the event
the CIT's ruling is upheld by a final and conclusive court decision,
where an import-specific ad valorem assessment rate is zero or de
minimis,\6\ Commerce intends to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\5\ See Oman Fasteners Slip Op. 24-1, appeal docketed, No. 2024-
1350 (Fed. Cir. January 8, 2024).
\6\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i)(1) of the Act.
Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-05173 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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