[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71482-71484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25057]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Final Results
of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 10, 2016, the Department of Commerce (the Department)
published the preliminary results of the 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. 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). For these final results, we continue to find that subject
merchandise has been sold in the United States at less than normal
value.
DATES: Effective October 17, 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:
Background
On June 10, 2016, the Department published the preliminary results
of the administrative review of the antidumping duty order on certain
steel nails from the UAE.\1\ We invited interested parties to comment
on the Preliminary Results. We received case and rebuttal briefs from
Mid Continent Steel and Wire, Inc., a domestic interested party, and
ODS, the only mandatory respondent selected for individual examination
in this review. The Department conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Certain Steel Nails From the United Arab Emirates:
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015, 81 FR 37571 (June 10, 2016), and accompanying Preliminary
Decision Memorandum (collectively, Preliminary Results).
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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, 7317.00.75, 7806.00.80.00 and 7907.00.60.00.\3\ While the
HTSUS numbers are provided for convenience and customs purposes, the
written description of the scope of the order is dispositive. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\4\
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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\ On April 16, 2012, the Department added classification
numbers 7806.00.80.00 and 7907.00.60.00 to the customs case
reference file pursuant to a request by U.S. Customs and Border
Protection (CBP).
\4\ For a full description of the scope of the order, see the
memorandum from Deputy Assistant Secretary Christian Marsh to
Assistant Secretary Paul Piquado entitled, ``Certain Steel Nails
from the United Arab Emirates: Issues and Decision Memorandum for
Final Results of Antidumping Duty Administrative Review; 2014-
2015,'' dated concurrently with and hereby adopted by this notice
(Issues and Decision Memorandum).
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Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues 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)
and is available to registered users at https://access.trade.gov. The
Issues and Decision Memorandum is also available to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete
[[Page 71483]]
version of the Issues and Decision Memorandum can be accessed directly
on the Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html.
Final Determination of No Shipments
The Department preliminarily found that Oman Fasteners LLC,
Overseas International Steel Industry LLC, and Precision Fasteners LLC,
did not have any reviewable entries of subject merchandise during the
POR.\5\ After the Preliminary Results, we received no comments or
additional information with respect to these three companies.
Therefore, for these final results, we continue to find that these
three companies did not have any reviewable entries of subject
merchandise during the POR. Consistent with our practice, we will issue
appropriate instructions to CBP based on our final results.
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\5\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 4.
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Rate for Respondent Not Selected for Individual Examination
In these final results we calculated a weighted-average dumping
margin above zero or de minimis for ODS, the sole respondent selected
for individual examination.\6\ Accordingly, for these final results, we
will assign to Dubai Wire FZE (Dubai Wire), a company not selected for
individual examination in this review, the weighted-average dumping
margin calculated for ODS, consistent with section 735(c)(5)(A) of the
Act.
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\6\ Id.
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Changes Since the Preliminary Results
Based on the Department's analysis of comments received and further
examination of the record, we made revisions to our margin calculations
for ODS. As a result, the margins for ODS and Dubai Wire have changed.
Final Results of the Review
As a result of this administrative review, we determine that the
following estimated weighted-average dumping margins exist for the
period May 1, 2014, through April 30, 2015:
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\7\ 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 assigned the rate calculated for ODS
to Dubai Wire.
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Margin
Company (percent)
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Overseas Distribution Services Inc...................... 0.87
Dubai Wire FZE \7\...................................... 0.87
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
results, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review.\8\ Therefore,
we will instruct CBP to apply ad valorem assessment rate of 0.87
percent, to all entries of subject merchandise during the POR which
were produced and/or exported by ODS.
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\8\ See 19 CFR 351.212(b)(1).
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Consistent with our practice, because 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 will
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.\9\
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\9\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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For Dubai Wire, the respondent not selected for individual
examination, we will instruct CBP to apply the rate assigned to ODS, 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 rate 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.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Order, 77 FR 27421, 27422.
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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)(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.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) 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 terms of an APO is a sanctionable
violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 11, 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
Discussion of the Issues
Comment 1: Selection of Financial Statements to Calculate
Constructed Value Selling Expenses and Profit
[[Page 71484]]
Comment 2: Errors in Calculation of Constructed Value Selling
Expense and Profit Ratios
Comment 3: Appropriate Universe of Sales
Comment 4: Consideration of an Alternative Comparison Method
Comment 5: Differential Pricing Analysis
Recommendation
[FR Doc. 2016-25057 Filed 10-14-16; 8:45 am]
BILLING CODE 3510-DS-P