[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37571-37573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13704]
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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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain steel
nails (nails) from the United Arab Emirates (UAE). The period of review
(POR) is May 1, 2014, through April 30, 2015.\1\ We preliminarily find
that ODS and Dubai Wire sold subject merchandise at less than normal
value in the United States and that Oman Fasteners, OISI, and Precision
had no shipments during the POR. Interested parties are invited to
comment on these preliminary results.
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\1\ The review covers five producers/exporters of the subject
merchandise, Dubai Wire FZE (Dubai Wire), Oman Fasteners LLC (Oman
Fasteners), Overseas Distribution Services Inc. (ODS), Overseas
International Steel Industry LLC (OISI), and Precision Fasteners LLC
(Precision).
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DATES: Effective Date: June 10, 2016.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3683, and (202) 482-
1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the Order \2\ is nails from the UAE. The
products are currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7317.00.55,
7317.00.65, and 7317.00.75. While the HTSUS subheadings are provided
for convenience and customs purposes, the written product description
remains dispositive. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\3\
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\2\ 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).
\3\ See the Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2014-2015: Certain Steel Nails from the
United Arab Emirates'' dated concurrently with and hereby adopted by
this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by Oman Fasteners, OISI, and
Precision, we preliminarily determine that these companies had no
shipments of the subject merchandise, and, therefore, no reviewable
transactions, during the POR. For a full discussion of this
determination, see the Preliminary Decision Memorandum.
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. Normal value
is calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at http://enforcement.trade.gov/frn/index.html. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the period May 1,
2014, through April 30, 2015:
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Weighted-
Producer/exporter average margin
(percent)
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Overseas Distribution Services Inc...................... 7.80
Dubai Wire FZE \4\...................................... 7.80
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[[Page 37572]]
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\4\ Dubai Wire was not selected for individual examination in
this review. Generally, we look to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in
an investigation, for guidance when calculating the rate for
respondents not selected for individual review. Section 735(c)(5)(A)
of the Act instructs that we are not to calculate an all-others rate
using any zero or de minimis margins or any margins based on total
facts available. Accordingly, our usual practice has been to average
the rates for the selected companies excluding zero, de minimis, and
rates based entirely on facts available. In this review, we
calculated a weighted-average dumping margin above zero or de
minimis for the sole respondent selected for individual examination,
ODS. Based on this, and analogous to the statutory provision
concerning investigations, we preliminarily determine that a
reasonable method for determining the weighted-average dumping
margin for Dubai Wire in this review is to assign the rate
calculated for ODS.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs not later than 30 days after
the date of publication of this notice. 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.\5\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\6\
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.303 (for general filing requirements).
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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. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS,
by 5 p.m. Eastern Time within 30 days after the date of publication of
this notice.\7\ Requests should contain: (1) The party's name, address
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. The Department 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,
unless extended, pursuant to section 751(a)(3)(A) of the Act.
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\7\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the administrative review, the Department shall
determine and CBP shall assess antidumping duties on all appropriate
entries. If ODS' weighted-average dumping margin continues to be above
de minimis in the final results of this review, we will calculate an
importer-specific assessment rate 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). If ODS' weighted-average dumping margin is
zero or de minimis in the final results of review, we will instruct CBP
not to assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \8\
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\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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For entries of subject merchandise during the POR produced by ODS
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.
Consistent with our practice, if we continue to find that Oman
Fasteners, OISI, and Precision had no shipments of subject merchandise
to the United States in the final results of this review, we intend to
instruct CBP to liquidate any existing entries of merchandise produced
by Oman Fasteners, OISI, and Precision and exported by other parties at
the all-others rate.
For Dubai Wire, the company not selected for individual
examination, we will instruct CBP to apply the rate assigned to it in
the final results of this review, to all entries of subject merchandise
produced and/or exported by Dubai Wire.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of nails from the UAE 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 rates
for ODS and Dubai Wire will be the rates established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers or exporters 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 recent period; (3)
if the exporter is not a firm covered in this review, a prior review,
or the original investigation but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 4.30 percent, the
all-others rate established in the Order. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Preliminary Determination of No Shipments
Rate for Respondent Not Selected for Individual Examination
Discussion of the Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. U.S. Price
E. Normal Value
1. Home Market Viability and Comparison Market
2. Level of Trade
3. Calculation of Normal Value Based on Constructed Value
4. Cost of Production
F. Verification
[[Page 37573]]
G. Currency Conversion
Recommendation
[FR Doc. 2016-13704 Filed 6-9-16; 8:45 am]
BILLING CODE 3510-DS-P