81 FR 71482 - Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 200 (October 17, 2016)
International Trade Administration
Federal Register Volume 81, Issue 200 (October 17, 2016)
| Page Range | 71482-71484 | |
| FR Document | 2016-25057 |
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)] [Notices] [Pages 71482-71484] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25057] ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \5\ See Preliminary Results, and accompanying Preliminary Decision Memorandum at 4. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \6\ Id. --------------------------------------------------------------------------- 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: --------------------------------------------------------------------------- \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. ------------------------------------------------------------------------ Margin Company (percent) ------------------------------------------------------------------------ Overseas Distribution Services Inc...................... 0.87 Dubai Wire FZE \7\...................................... 0.87 ------------------------------------------------------------------------ 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. --------------------------------------------------------------------------- \8\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \10\ See Order, 77 FR 27421, 27422. --------------------------------------------------------------------------- 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
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retroactively on any entries made on or hereby requested. Failure to comply nails from the UAE.1 We invited
after September 9, 2016, the date of with the regulations and terms of an interested parties to comment on the
publication of the Final Results, for all APO is a sanctionable violation. Preliminary Results. We received case
shipments of the subject merchandise These amended final results of review and rebuttal briefs from Mid Continent
entered, or withdrawn from warehouse, are issued and published in accordance Steel and Wire, Inc., a domestic
for consumption as provided by section with sections 751(h) and 19 CFR interested party, and ODS, the only
751(a)(2)(C) of the Act: (1) No cash 351.224(e) of the Act. mandatory respondent selected for
deposit will be required for subject individual examination in this review.
Dated: October 11, 2016.
merchandise exported by Fushun Jinly; The Department conducted this
(2) for subject merchandise exported by Paul Piquado, administrative review in accordance
the Fangda Group and Xuzhou Assistant Secretary for Enforcement and with section 751 of the Tariff Act of
Jianglong, the cash deposit rate will be Compliance. 1930, as amended (the Act).
the rate established in the ‘‘Amended [FR Doc. 2016–25059 Filed 10–14–16; 8:45 am]
Final Results of Review’’ section; (3) for BILLING CODE 3510–DS–P
Scope of the Order
previously investigated or reviewed PRC The merchandise subject to the
and non-PRC exporters not listed above Order 2 is nails from the UAE. The
that received a separate rate in a prior DEPARTMENT OF COMMERCE products are currently classifiable under
segment of this proceeding, the cash the Harmonized Tariff Schedule of the
deposit rate will continue to be the International Trade Administration United States (HTSUS) subheadings
exporter-specific rate; (4) for all PRC 7317.00.55, 7317.00.65, 7317.00.75,
exporters of subject merchandise that [A–520–804] 7806.00.80.00 and 7907.00.60.00.3
have not been found to be entitled to a While the HTSUS numbers are provided
separate rate, the cash deposit rate will Certain Steel Nails From the United for convenience and customs purposes,
be that for the PRC-wide entity, which Arab Emirates: Final Results of the written description of the scope of
is 159.64 percent; (5) for all non-PRC Antidumping Duty Administrative the order is dispositive. A full
exporters of subject merchandise which Review; 2014–2015 description of the scope of the order is
have not received their own rate, the AGENCY: Enforcement and Compliance, contained in the Issues and Decision
cash deposit rate will be the rate International Trade Administration, Memorandum.4
applicable to the PRC exporter that Department of Commerce. Analysis of the Comments Received
supplied that non-PRC exporter. These
deposit requirements, when imposed, SUMMARY: On June 10, 2016, the All issues raised in the case and
shall remain in effect until further Department of Commerce (the rebuttal briefs by parties to this
notice. Department) published the preliminary administrative review are addressed in
results of the administrative review of the Issues and Decision Memorandum.
Disclosure the antidumping duty order on certain A list of the issues is attached to this
We intend to disclose the calculations steel nails (nails) from the United Arab notice as an appendix. The Issues and
performed for these amended final Emirates (UAE). The period of review Decision Memorandum is a public
results to interested parties within five (POR) is May 1, 2014, through April 30, document and is on file electronically
days after the public announcement of 2015. The review covers five producers/ via Enforcement and Compliance’s
the amended final results in accordance exporters of the subject merchandise, Antidumping and Countervailing Duty
with 19 CFR 351.224(b). Dubai Wire FZE (Dubai Wire), Oman Centralized Electronic Service System
Fasteners LLC (Oman Fasteners), (ACCESS) and is available to registered
Notification to Importers Overseas Distribution Services Inc. users at https://access.trade.gov. The
This notice serves as a final reminder (ODS), Overseas International Steel Issues and Decision Memorandum is
to importers of their responsibility Industry LLC (OISI), and Precision also available to all parties in the
under 19 CFR 351.402(f)(2) to file a Fasteners LLC (Precision). For these Central Records Unit, Room B8024 of
certificate regarding the reimbursement final results, we continue to find that the main Department of Commerce
of antidumping duties prior to subject merchandise has been sold in building. In addition, a complete
liquidation of the relevant entries the United States at less than normal
during this POR. Failure to comply with value. 1 See Certain Steel Nails From the United Arab
this requirement could result in the Emirates: Preliminary Results of Antidumping Duty
Secretary’s presumption that DATES: Effective October 17, 2016. Administrative Review; 2014–2015, 81 FR 37571
(June 10, 2016), and accompanying Preliminary
reimbursement of the antidumping FOR FURTHER INFORMATION CONTACT: Decision Memorandum (collectively, Preliminary
duties occurred and the subsequent Bryan Hansen or Minoo Hatten, AD/ Results).
assessment of double antidumping CVD Operations, Office I, Enforcement 2 See Certain Steel Nails from the United Arab
duties. and Compliance, International Trade Emirates: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
Administration, U.S. Department of
Notification Regarding Administrative 77 FR 27421 (May 10, 2012) (Order).
Commerce, 1401 Constitution Avenue 3 On April 16, 2012, the Department added
Protective Order
NW., Washington, DC 20230; telephone: classification numbers 7806.00.80.00 and
This notice also serves as a reminder (202) 482–3683, and (202) 482–1690, 7907.00.60.00 to the customs case reference file
to parties subject to administrative respectively. pursuant to a request by U.S. Customs and Border
protective order (APO) of their Protection (CBP).
jstallworth on DSK7TPTVN1PROD with NOTICES
4 For a full description of the scope of the order,
responsibility concerning the SUPPLEMENTARY INFORMATION:
see the memorandum from Deputy Assistant
disposition of proprietary information Background Secretary Christian Marsh to Assistant Secretary
disclosed under APO in accordance Paul Piquado entitled, ‘‘Certain Steel Nails from the
with 19 CFR 351.305(a)(3). Timely On June 10, 2016, the Department United Arab Emirates: Issues and Decision
published the preliminary results of the Memorandum for Final Results of Antidumping
written notification of the return or Duty Administrative Review; 2014–2015,’’ dated
destruction of APO materials or administrative review of the concurrently with and hereby adopted by this
conversion to judicial protective order is antidumping duty order on certain steel notice (Issues and Decision Memorandum).
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![71484 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
Comment 2: Errors in Calculation of aquaculture resilience benefits; regional ADDRESSES: You may submit comments
Constructed Value Selling Expense and vulnerability analyses; ecosystem based on this document, identified by NOAA–
Profit Ratios fisheries management; transition; NMFS–2016–0133, by any of the
Comment 3: Appropriate Universe of Sales Protected Resources program review following methods:
Comment 4: Consideration of an
Alternative Comparison Method
and climate change guidance; climate • Electronic Submission: Submit all
Comment 5: Differential Pricing Analysis science and regional action plans; electronic public comments via the
Recommendation recreational fisheries activities and Federal e-Rulemaking Portal. Go to
[FR Doc. 2016–25057 Filed 10–14–16; 8:45 am]
socioeconomic science; and the budget www.regulations.gov/
outlook for FY2017–2018. MAFAC will #!docketDetail;D=NOAA-NMFS-2016-
BILLING CODE 3510–DS–P
discuss various administrative and 0133, click the ‘‘Comment Now!’’ icon,
organizational matters, and meetings of complete the required fields, and enter
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groups will be convened. applications will be available under
National Oceanic and Atmospheric Relevant Documents through the same
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The meeting is physically accessible • Mail: Attn: Chris Fanning, NMFS
RIN 0648–XE965 to people with disabilities. Requests for West Coast Region, 501 W. Ocean Blvd.,
sign language interpretation or other Suite 4200, Long Beach, CA 90802.
Marine Fisheries Advisory Committee
auxiliary aids should be directed to Include the identifier ‘‘NOAA–NMFS–
Meeting
Heidi Lovett; 301–427–8034 by October 2016–0133’’ in the comments.
AGENCY: National Marine Fisheries 21, 2016. Instructions: Comments sent by any
Service (NMFS), National Oceanic and Dated: October 11, 2016. other method, to any other address or
Atmospheric Administration (NOAA), Jennifer Lukens,
individual, or received after the end of
Commerce. the comment period, may not be
Director for the Office of Policy, National
ACTION: Notice of open public meeting. Marine Fisheries Service.
considered by NMFS. All comments
received are a part of the public record
SUMMARY: This notice sets forth the [FR Doc. 2016–24972 Filed 10–14–16; 8:45 am]
and will generally be posted for public
proposed schedule and agenda of a BILLING CODE 3510–22–P
viewing on www.regulations.gov
forthcoming meeting of the Marine without change. All personal identifying
Fisheries Advisory Committee information (e.g., name, address, etc.),
(MAFAC). The members will discuss DEPARTMENT OF COMMERCE
confidential business information, or
and provide advice on issues outlined National Oceanic and Atmospheric otherwise sensitive information
under SUPPLEMENTARY INFORMATION Administration submitted voluntarily by the sender will
below. be publicly accessible. NMFS will
DATES: The meeting will be held RIN 0648–XE961 accept anonymous comments (enter ‘‘N/
November 1–3, 2016, from 9:00 a.m. to A’’ in the required fields if you wish to
Magnuson-Stevens Fishery remain anonymous).
5 p.m.
Conservation and Management Act;
ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT:
General Provisions for Domestic
the Sheraton Silver Spring Hotel, 8777 Fisheries; Application for Exempted Chris Fanning, NMFS, West Coast
Georgia Ave, Silver Spring, MD 20910; Fishing Permit Region, 562–980–4198.
301–589–0800. SUPPLEMENTARY INFORMATION: In August
FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries 2015 NMFS issued three EFPs for
Jennifer Lukens, MAFAC Executive Service (NMFS), National Oceanic and fishing vessels to use DSBG in the
Director; (301) 427–8004; email: Atmospheric Administration (NOAA), exclusive economic zone (EEZ) off the
Jennifer.Lukens@noaa.gov. Commerce. U.S. West Coast (DSBG is described as
SUPPLEMENTARY INFORMATION: As ACTION: Notice; request for comments. multiple hooks deployed relatively deep
required by section 10(a)(2) of the in the water column, using one or more
Federal Advisory Committee Act, 5 SUMMARY: The Regional Administrator, weighted mainlines which are
U.S.C. App. 2, notice is hereby given of NMFS West Coast Region, has suspended with one or more buoys
a meeting of MAFAC. The MAFAC was determined that an application for an floating on the ocean surface) (80 FR
established by the Secretary of exempted fishing permit (EFP) warrants 29662, May 22, 2015). DSBG fishing
Commerce (Secretary), and, since 1971, further consideration and requests under two of these EFPs has been
advises the Secretary on all living public comment on the application. The ongoing in 2015–2016, and the Pacific
marine resource matters that are the application requests 2-year exemptions Fishery Management Council (Council)
responsibility of the Department of from various prohibitions under the recommended these both be extended
Commerce. The complete charter and Fishery Management Plan for U.S. West through the 2017–2018 fishing season
summaries of prior meetings are located Coast Fisheries for Highly Migratory (http://www.pcouncil.org/wp-content/
online at http://www.nmfs.noaa.gov/ Species (HMS FMP) to test the effects uploads/2016/03/0316decisions.pdf).
ocs/mafac/. and efficacy of using deep-set buoy gear In addition to the request for the two
(DSBG) to fish for swordfish and other extensions, a new DSBG EFP
Matters To Be Considered highly migratory species (HMS) off the application was submitted to the
jstallworth on DSK7TPTVN1PROD with NOTICES
This meeting time and agenda are U.S. West Coast. This notice also Council by Dave Stephens for two
subject to change. announces NMFS’ intent to extend two additional vessels to conduct DSBG
The meeting is convened to hear current DSBG EFPs through 2018 and fishing activities (herein referred to as
presentations and updates and to also requests public comment on these the ‘‘Stephens EFP’’) (http://
discuss policies and guidance on the EFPs. www.pcouncil.org/wp-content/uploads/
following topics: proposed Columbia DATES: Comments must be submitted in 2016/07/0616decisions.pdf). At its
Basin Partnership Task Force; writing by November 16, 2016. September 2016 meeting, the Council
VerDate Sep<11>2014 14:22 Oct 14, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1](https://thefederalregister.org/doc/81_FR_71682/page/3.svg)
Document Created: 2016-10-15 01:51:44
Document Modified: 2016-10-15 01:51:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective October 17, 2016. | |
| 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. | |
| FR Citation | 81 FR 71482 |
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