Notice2024-17912
Certain Steel Nails From the Sultanate of Oman: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 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
August 12, 2024
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 18 exporters and producers from Oman. The period of review (POR) is July 1, 2022, through June 30, 2023. 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. We are rescinding this review, in part, with respect to one company for which all requests for review were withdrawn. We are also rescinding this review, in part, with respect to 16 companies which had no suspended entries. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 155 (Monday, August 12, 2024)</title>
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[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65593-65596]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-808]
Certain Steel Nails From the Sultanate of Oman: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 65594]]
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 18 exporters and producers from Oman. The period of review (POR)
is July 1, 2022, through June 30, 2023. 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. We
are rescinding this review, in part, with respect to one company for
which all requests for review were withdrawn. We are also rescinding
this review, in part, with respect to 16 companies which had no
suspended entries. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 12, 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 July 3, 2023, 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
11, 2023, 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, 88 FR 42693 (July 3,
2023).
\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, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
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On March 8, 2024, 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 120 days
until July 30, 2024.\4\ For a complete description of the events that
followed the initiation of this review, See the Preliminary Decision
Memorandum.\5\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\6\ The deadline for the
preliminary results is now August 6, 2024.
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 8,
2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from the Sultanate of Oman; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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A list of the topics included in the Preliminary Decision
Memorandum is included as Appendix I 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.\7\
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\7\ Id.
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. Because all requests
for administrative review of Gulf Nails LLC (Gulf Nails) were withdrawn
by interested parties within 90 days of the date of the publication of
the Initiation Notice, Commerce is rescinding this review with respect
to Gulf Nails, in accordance with 19 CFR 351.213(d)(1).
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order when
there are no reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\8\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate calculated for the review period.\9\
Therefore, for an administrative review to be conducted, there must be
at least one reviewable, suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the
antidumping duty assessment rate calculated for the review period.\10\
There were no entries of subject merchandise during the POR for 16
companies subject to this review.\11\ As a result, on January 16, 2024,
Commerce notified all interested parties of its intent to rescind this
review, in part, with respect to these 16 companies.\12\ The petitioner
\13\ commented on our Intent to Rescind, and we responded to the
petitioner's comments in the accompanying Preliminary Decision
Memorandum.\14\ The administrative review remains active with respect
to one company, Oman Fasteners.
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\8\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to-Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 351.213(d)(3).
\11\ See Appendix II for a list of these companies.
\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated January 16, 2024 (Intent to Rescind).
\13\ The petitioner is Mid Continent Steel & Wire, Inc.
\14\ See Preliminary Decision Memorandum at section IV,
``Partial Rescission of Administrative Review.''
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and NV in
accordance with sections 772 and 773 of the Act, respectively. For a
full description of the methodology underlying our preliminary results
of review, See the Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following weighted-average dumping margin to
the sole company listed below for the period July 1, 2022, through June
30, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Oman Fasteners, LLC........................................ 0.00
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Disclosure
Commerce intends to disclose its calculations for the preliminary
results of review to parties to the proceeding within five days of any
public announcement or, if there is no public announcement, within five
days of the
[[Page 65595]]
date of publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice in the Federal Register.\15\ 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.\16\
Interested parties who submit case briefs or rebuttal briefs in this
review must submit: (1) a table of contents listing each issue; and (2)
a table of authorities.\17\
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\15\ See 19 CFR 351.303 (for general filing requirements).
\16\ 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).
\17\ See 19 CFR 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.\18\ Further,
we request that interested parties limit their 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 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).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule, 88 FR at 67070.
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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 for a hearing should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
individuals associated with the requesting party that will attend the
hearing and whether any of those individuals is a foreign national; and
(3) a list of the issues that the party intends to discuss at the
hearing. Issues raised in the hearing will be limited to those raised
in the case and rebuttal briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice in the Federal
Register. If a hearing is requested, Commerce will announce the date
and time of the hearing. Parties should confirm the date and time of
the hearing two days before the scheduled hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\20\
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\20\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by this review
shall be based on the final results of the review.\21\ Therefore, upon
issuance of the final results of this review, Commerce will determine,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review in accordance with 19 CFR
351.212(b)(1).
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\21\ See section 751(a)(2)(C) of the Act.
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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).
We will calculate importer-specific assessment rates for Oman
Fasteners in accordance with 19 CFR 351.212(b)(1).\22\ Because Oman
Fasteners reported entered values for its sales, we will calculate
importer-specific ad valorem assessment rates for the company by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer by the total entered value of the merchandise
sold to the importer.\23\
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\22\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\23\ See 19 CFR 351.212(b)(1).
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Where either Oman Fasteners' ad valorem weighted-average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis,\24\ we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\24\ See 19 CFR 351.106(c)(2).
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For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i), not before 35
days after the publication date of these preliminary results.
Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered for
consumption in the United States during the POR, Commerce will instruct
CBP to liquidate any entries of such merchandise at the all-others rate
(i.e., 9.10 percent) \25\ if there is no rate for the intermediate
company(ies) involved in the transaction.\26\
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\25\ See Order, 80 FR at 39996.
\26\ 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 cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Oman Fasteners will be equal to the weighted-
average dumping margin established for the company in the final results
of this review, except if the weighted-average dumping margin is less
than 0.50 percent, and, therefore, de minimis within the meaning of 19
CFR 351.106(c)(1), the cash deposit rate will be zero; (2) for
previously investigated or reviewed companies that are not covered by
this review, the cash deposit
[[Page 65596]]
rate will continue to be the company's cash deposit rate from the most
recently completed segment of the proceeding in which it was examined;
(3) if the exporter is not covered by this review, and does not have a
cash deposit rate from a completed segment of this proceeding, but the
producer of the subject merchandise does have a cash deposit rate, then
the cash deposit rate will be the producer's cash deposit rate from the
most recently completed segment of the proceeding in which it was
examined; and (4) the cash deposit rate for all other producers or
exporters will continue to be 9.10 percent, the all-others rate
established in the less-than-fair-value investigation.\27\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\27\ See Order, 80 FR 39996.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the 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 of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(2) and 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
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
Appendix II
List of Companies for Which We Are Rescinding the Review
1. Al Ansari Teqmark, LLC
2. Al Kiyumi Global LLC
3. Al Sarah Building Materials LLC
4. Astrotech Steels Private Ltd.
5. Buraimi Iron & Steel, LLC
6. CL Synergy (Pvt) Ltd.
7. Diamond Foil Trading LLC
8. Geekay Wires Ltd.
9. Gulf Nails, LLC
10. Gulf Nails Manufacturing, LLC
11. Gulf Steel Manufacturers, LLC
12. Modern Factory for Metal Products, LLC
13. Muscat Industrial Company, LLC
14. Muscat Nails Factory Golden Asset Trade, LLC
15. Oman Ocean Trading L.L.C.
16. Trinity Steel Pvt. Ltd.
17. WWL Indian Private Ltd.
[FR Doc. 2024-17912 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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