[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5756-5757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02629]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Rescission of
2016-2017 Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty order on certain steel
nails from the United Arab Emirates (UAE) for the period of review
(POR), May 1, 2016, through April 30, 2017.
DATES: Applicable February 9, 2018.
FOR FURTHER INFORMATION CONTACT: Annathea Cook, 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) 482-0250
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2017, based on a timely request for review by Mid
Continent Steel & Wire, Inc. (the petitioner), Commerce published in
the Federal Register a notice of initiation of an administrative review
of the antidumping duty order on certain steel
[[Page 5757]]
nails from the UAE, covering the POR.\1\ On August 2, 2017, Commerce
placed evidence on the record that the antidumping duty questionnaire
was undeliverable to Overseas Distribution Services, Inc., (ODS), the
sole respondent subject to the review, at the address provided.\2\ We
requested an alternate address from the petitioner, but the petitioner
was unable to provide one.\3\ Although we re-sent the questionnaire to
the original and two available alternate addresses from other segments
of this proceeding,\4\ it continued to be undeliverable.\5\ Moreover,
for two of the failed delivery attempts, the delivery company stated
the business was closed.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 31292 (July 6, 2017); Petitioner's
Letter, ``Certain Steel Nails from the United Arab Emirates: Request
for Administrative Review,'' dated May 31, 2017.
\2\ See Memorandum, ``Certain Steel Nails from the United Arab
Emirates: Tracking of Documents to Overseas Distribution Services,
Inc.,'' dated August 2, 2017.
\3\ See Petitioner's Letter, ``Re: Certain Steel Nails from the
United Arab Emirates: Comments on August 2, 2017 Memorandum to the
File,'' dated August 14, 2017.
\4\ See Memorandum, ``Certain Steel Nails from the United Arab
Emirates: Alternate Contact Information for Overseas Distribution
Services, Inc.,'' dated concurrently with this notice.
\5\ See Memorandum, ``Certain Steel Nails from the United Arab
Emirates: Second Tracking of Documents to Overseas Distribution
Services, Inc.,'' dated January 24, 2018.
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On January 23, 2018, Commerce exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. The revised deadline for the preliminary
determination of this review is now February 5, 2018.\6\
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\6\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018 (Tolling Memorandum).
All deadlines in this segment of the proceeding have been extended
by three days.
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Rescission of Administrative Review
In instances when a questionnaire is returned because of an
undeliverable address and the petitioner is unable to provide an
alternative address, Commerce's practice is to rescind the review of
the company.\7\ While Commerce understands the concerns raised by the
petitioner,\8\ it would be futile to conduct a review of a closed
company. Because the questionnaire was undeliverable with indications
that the business was closed, ODS being the only respondent under
review, and the petitioner is unable to provide an alternative address,
we are rescinding the administrative review of certain steel nails from
the UAE for the 2016-2017 POR.
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\7\ See, e.g., Certain Steel Concrete Reinforcing Bars from
Turkey; Final Results and Rescission of Antidumping Duty
Administrative Review in Part, 71 FR 65082 (November 7, 2006);
Certain Frozen Warmwater Shrimp from Thailand; Partial Rescission of
Antidumping Duty Administrative Review, 72 FR 50931 (September 5,
2007); Uncovered Innerspring Units from the People's Republic of
China: Preliminary Results and Rescission, in Part, of the
Antidumping Duty Administrative Review; 2016-2017, 82 FR 51602
(November 7, 2017).
\8\ See Petitioner's Letter, ``Re: Certain Steel Nails from the
United Arab Emirates: Comments on January 24, 2018 Memorandum to the
File,'' dated January 31, 2018.
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Assessment
We will instruct U.S. Customs and Border Protection (CBP) to assess
antidumping duties on all appropriate entries. Because Commerce is
rescinding this administrative review in its entirety, the entries to
which this administrative review pertained shall be assessed
antidumping duties at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue appropriate assessment instructions to CBP 15
days after the publication of this notice.
Notifications
This notice serves as a final 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 Commerce's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a final 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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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 violation which is subject to sanction.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: February 5, 2018.
James Maeder,
Associate Deputy Assistant Secretary performing the duties of Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-02629 Filed 2-8-18; 8:45 am]
BILLING CODE 3510-DS-P