Notice2024-12740
Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022-2023
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
June 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that sales of certain steel nails (steel nails) from the United Arab Emirates (UAE) were not made at less than normal value (NV). The period of review (POR) is May 1, 2022, through April 30, 2023. Additionally, Commerce is rescinding this administrative review, in part, with respect to 19 companies because the requests for administrative review were timely withdrawn. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 113 (Tuesday, June 11, 2024)</title>
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[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49150-49152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12740]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that sales of certain steel nails (steel nails) from the United Arab
Emirates (UAE) were not made at less than normal value (NV). The period
of review (POR) is May 1, 2022, through April 30, 2023. Additionally,
Commerce is rescinding this administrative review, in part, with
respect to 19 companies because the requests for administrative review
were timely withdrawn. We invite interested parties to comment on these
preliminary results.
DATES: Applicable June 11, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Brittany Bauer,
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) 482-2923 or (202)
482-3860, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2023, 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), with respect to 21 producers/exporters of the subject
merchandise.\2\ Commerce selected two mandatory respondents for
individual examination: Master Nails and Pins Manufacturing, LLC
(Master Nails)/Middle East Manufacturing Steel LLC (MEM) (collectively,
Master); \3\ and Rich Well Steel Industries LLC (Rich Well).\4\ On
January 17, 2024, Commerce extended the deadline for the preliminary
results of this administrative review until May 30, 2024.\5\
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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, 88 FR 44262 (July 12, 2023).
\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 10,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
17, 2024.
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For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\6\ 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 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
[[Page 49151]]
Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from the United Arab Emirates; 2022-2023,''
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 Mid Continent Steel & Wire, Inc. (the
petitioner) relating to 19 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) Al-Khatib Est. (6) All Ferro Building Materials,
LLC.; (7) Asgarali Yousuf Trading Co., LLC.; (8) Azymuth Consulting,
LLC.; (9) Burj Al Tasmeem, Tr.; (10) Gheewala Hardware Trading Company,
LLC; (11) Madar UAE; (12) Mustafa Building Materials Co. (LLC); (13)
New World International, LLC.; (14) Okzeela Star Building Materials
Trading, LLC.; (15) Rishi International, FZCO; (16) Samrat Wire
Industry, LLC.; (17) Sea Lan Contracting; (18) SK Metal International
DMCC.; and (19) Trade Circle Enterprises, LLC.
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\7\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 10, 2023.
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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(a) 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.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2022, through April 30,
2023:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Master Nails and Pins Manufacturing, LLC/Middle East 0.00
Manufacturing Steel, LLC...............................
Rich Well Steel Industries LLC.......................... 0.00
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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 date of
publication of this notice.\8\
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\8\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\9\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\10\ Interested
parties who submit case or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final 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.\14\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\15\ 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 the publication of this
notice.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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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.\16\ 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.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ 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 for which 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 established in the original less-
than-fair-value (LTFV) \18\ if there is no rate for the intermediate
[[Page 49152]]
company(ies) involved in the transaction.\19\
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\18\ See Order, 77 FR at 27422.
\19\ 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 by this review, a prior review, or the original 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,\20\ 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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\20\ See Order, 77 FR at 27422.
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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 30, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-12740 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 11, 2024.
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