Certain Steel Nails From the United Arab Emirates: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
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 made at less than normal value (NV). The period of review (POR) is May 1, 2023, through April 30, 2024. Additionally, Commerce is rescinding this administrative review, in part, with respect to 19 companies that had no entries of the subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44029-44031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17467]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review; 2023-2024
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 made at less than normal value (NV). The period of
review (POR) is May 1, 2023, through April 30, 2024.
Additionally, Commerce is rescinding this administrative review, in
part, with respect to 19 companies that had no entries of the subject
merchandise during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable September 11, 2025.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Olivia
Woolverton, 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) 482-7452, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2012, Commerce published the antidumping duty (AD) order
on steel nails from the UAE.\1\ On July 5, 2024, Commerce initiated an
administrative review of the Order, 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 July 22, 2024, Commerce tolled deadline in this
administrative review by seven days.\5\ On December 9, 2024, Commerce
tolled deadlines in this administrative review by an additional 90
days.\6\ On April 14, 2025, Commerce
[[Page 44030]]
extended the deadline for the preliminary results of this
administrative review until September 5, 2025.\7\ For a complete
description of the events following the initiation of this
administrative review, see the Preliminary Decision Memorandum.\8\
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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, 89 FR 55567 (July 5, 2024).
\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 September
13, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 14,
2025.
\8\ 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; 2023-2024,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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A list of 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the AD order
for which liquidation is suspended, Commerce may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer.\9\ Normally, at the end of the administrative
review, any suspended entries are liquidated at the assessment rate
computed for the review period.\10\ Therefore, for an administrative
review to be conducted, there must be a reviewable, suspended entry to
be liquidated at the newly calculated assessment rate.
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\9\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\10\ See 19 CFR 351.212(b)(1).
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On September 16, 2024, Commerce placed on the record a notice of
its intent to rescind this review with respect to 19 companies due to
lack of entries.\11\ No party commented on the notice of intent to
rescind. Thus, in accordance with 19 CFR 351.213(d)(4), Commerce is
rescinding this review with respect to these 19 companies.\12\
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\11\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated September 16, 2024.
\12\ See Appendix II.
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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 of the Act. We calculated NV in accordance with section 773
of the Act. In addition, Commerce relied on total adverse facts
available (AFA) pursuant to section 776(a)-(b) of the Act for Master,
due to the company's failure to participate in this review. 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, 2023, through April 30,
2024:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Master Nails and Pins Manufacturing, LLC/Middle East 184.41
Manufacturing Steel, LLC...................................
Rich Well Steel Industries LLC.............................. 2.31
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Disclosure
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.\13\
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\13\ See 19 CFR 351.224(b).
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\14\ 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.\15\ 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.\16\
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\14\ See 19 CFR 351.309.
\15\ 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).
\16\ 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.\17\ 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).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ 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.\19\ 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.\20\ 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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\19\ See 19 CFR 351.310(c).
\20\ 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.\21\ Pursuant to 19 CFR 351.212(b)(1), if the
[[Page 44031]]
weighted-average dumping margin for 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 Rich Well'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.\22\
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\21\ See 19 CFR 351.212(b)(1).
\22\ 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 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) investigation \23\ if there is no rate for the intermediate
company(ies) involved in the transaction.\24\
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\23\ See Order, 77 FR at 27422.
\24\ 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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For Master, if the preliminary results are unchanged in the final
results, we will instruct CBP to apply an ad valorem assessment rate
equal to Master's dumping margin to all of its entries of subject
merchandise during the POR. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\25\
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\25\ 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).
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,\26\ 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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\26\ 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: September 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Companies Rescinded From Review
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;
19. Trade Circle Enterprises, LLC.
[FR Doc. 2025-17467 Filed 9-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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