[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71372-71373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27933]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Oman
Fasteners LLC (Oman Fasteners) did not sell certain steel nails (steel
nails) from the Sultanate of Oman (Oman) at less than normal value
during the period of review (POR), July 1, 2017 through June 30, 2018.
DATES: Applicable December 27, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2019, Commerce published the Preliminary Results of
the 2017-2018 antidumping duty administrative review of steel nails
from Oman.\1\ On September 3, 2019, Oman Fasteners and Mid Continent
Steel & Wire, Inc. (the petitioner) submitted case briefs.\2\ On
September 9, 2019, Oman Fasteners and the petitioner submitted rebuttal
briefs.\3\ In its case brief, the petitioner requested that Commerce
conduct a hearing in this proceeding. On November 4, 2019, the
petitioner withdrew its request for a hearing.\4\
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\1\ See Certain Steel Nails from the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 37620 (August 1, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Oman Fastener's Letter, ``Certain Steel Nails from Oman;
3rd Administrative Review Case Brief,'' dated September 3, 2019; see
also Petitioner's Letter, ``Certain Steel Nails from Oman: Case
Brief and Request for Hearing,'' dated September 3, 2019.
\3\ See Oman Fastener's Letter, ``Certain Steel Nails from Oman;
3rd Administrative Review Oman Fasteners' Rebuttal Brief,'' dated
September 9, 2019; see also Petitioner's Letter, ``Certain Steel
Nails from Oman: Rebuttal Brief,'' dated September 9, 2019.
\4\ See Petitioner's Letter, ``Certain Steel Nails from Oman:
Withdrawal of Hearing Request,'' dated November 4, 2019.
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Scope of the Order
The merchandise covered by this order are steel nails from Oman.
For a complete description of the scope of the order, see the Issues
and Decision Memorandum.\5\
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\5\ See Memorandum, ``Issues and Decision Memorandum for Final
Results of the 2017-2018 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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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised is
attached to this notice as an appendix. 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 https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made no revisions to the preliminary margin
calculation for the sole mandatory respondent.\6\
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\6\ See Memorandum, ``Analysis Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Steel Nails from the Sultanate of Oman: Oman Fasteners, LLC,'' dated
July 24, 2019.
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Final Results of the Administrative Review
We have determined the following weighted-average dumping margin
applies to the firm listed below for the period July 1, 2017 through
June 30, 2018:
[[Page 71373]]
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Weighted-
average
Exporter/Producer dumping
margin
(percent)
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Oman Fasteners LLC......................................... 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protections (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. We will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).
For entries of subject merchandise during the POR produced by the
sole respondent, for which it did not know its merchandise was destined
for the United States, 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. We intend to issue
liquidation instructions to CBP 15 days after publication of this
notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
the respondent noted above will be the rate established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers or exporters not covered in this administrative 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; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
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 subject merchandise; 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
investigation.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Certain Steel Nails from the Sultanate of Oman: Final
Determination of Sales at Less Than Fair Value, 80 FR 28972 (May 20,
2015).
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Notification to Importers
This notice also serves as a final 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 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 18, 2019.
Jeffrey I. Kessler,
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: Which Financial Statement is the Appropriate Source for
the Calculation of Constructed Value Profit and Indirect Selling
Expenses
Comment 2: Whether Oman Fasteners is Affiliated with a Customer by
Virtue of a Close Supplier Relationship
Comment 3: Whether Commerce Should Adjust the Per-Unit Zinc Cost
Comment 4: Whether Commerce Should Allow a Scrap Offset
Comment 5: Whether to Include Excluded Bad Debt Expenses Either in
the General and Administrative (G&A) Expenses or in Indirect Selling
Expenses
Comment 6: Whether Commerce's Differential Pricing Methodology is
Unlawful
VI. Recommendation
[FR Doc. 2019-27933 Filed 12-26-19; 8:45 am]
BILLING CODE 3510-DS-P