82 FR 36738 - Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2014-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 150 (August 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 150 (August 7, 2017)
| Page Range | 36738-36741 | |
| FR Document | 2017-16497 |
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)] [Notices] [Pages 36738-36741] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16497] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-523-808] Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2014-2016 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 (AD) order on certain steel nails (nails) from the Sultanate of Oman (Oman). The period of review (POR) is December 29, 2014, through June 30, 2016. This administrative review covers two exporters of the subject merchandise, both of which were selected as mandatory respondents, Oman Fasteners LLC (Oman Fasteners) and Overseas International Steel Industry LLC (OISI). The Department preliminarily determines Oman Fasteners and OISI made sales of subject merchandise at less than normal value during the POR. Additionally, we are rescinding this administrative review, in part, with respect to 12 companies, based on the timely withdrawal of Mid Continent Steel & Wire, Inc.'s (the petitioner) request for administrative review. Interested parties are invited to comment on these preliminary results. DATES: Applicable August 7, 2017. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or 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) 482-6412 or (202) 482-3936, respectively. SUPPLEMENTARY INFORMATION: On July 13, 2015, the Department published in the Federal Register an AD order on nails from Oman.\1\ On July 5, 2016, the Department notified interested parties of the opportunity to request an administrative review of orders, findings, or suspended investigations with anniversaries in July 2016, including the AD order on nails from Oman. The Department received timely requests from Oman Fasteners, OISI, and the petitioner to conduct an administrative review of certain exporters covering the POR. On September 12, 2016, the Department published a notice initiating an AD administrative review of nails from Oman covering 15 companies for the POR.\2\ --------------------------------------------------------------------------- \1\ See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (Order). \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation Notice). --------------------------------------------------------------------------- In the Initiation Notice, the Department indicated that, in the event that we would limit the respondents selected for individual examination in accordance with section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act), we would select mandatory respondents for individual examination based upon U.S. Customs and Border Protection (CBP) entry data.\3\ On November 9, 2016, after considering the large number of potential producers/exporters involved in this administrative review, and the resources available to the Department, we determined that it was not practicable to examine all exporters/producers of subject merchandise for which a review was requested.\4\ As a result, pursuant to [[Page 36739]] section 777A(c)(2)(B) of the Act, we determined that we could reasonably individually examine only the two largest producers/ exporters of nails from Oman by U.S. entry volume during the POR (i.e., Oman Fasteners and OISI).\5\ Accordingly, we issued the AD questionnaire to these companies, Oman Fasteners and OISI, the two mandatory respondents.\6\ On December 12, 2016, the petitioner timely withdrew its request for administrative review, pursuant to 19 CFR 351.213(d)(1), of all the producers and exporters except for Oman Fasteners, OISI, and Overseas Distribution Services Inc. (ODS).\7\ --------------------------------------------------------------------------- \3\ See Initiation Notice, 81 FR at 62720. \4\ See Memorandum entitled, ``Respondent Selection in the first Antidumping Duty Administrative Review of Certain Steel Nails from Oman,'' dated November 9, 2016 (Respondent Selection Memorandum). \5\ See Respondent Selection Memorandum. \6\ See Department Letter, ``Administrative Review of Certain Steel Nails from Oman: Antidumping Duty Questionnaire,'' dated November 9, 2016. \7\ See Letter from the petitioner, ``Certain Steel Nails from Oman: Withdrawal of Request for Administrative Review, dated December 12, 2016. --------------------------------------------------------------------------- On March 23, 2017, the Department extended the preliminary results in this review to no later than July 31, 2017.\8\ --------------------------------------------------------------------------- \8\ See Memorandum, ``Certain Steel Nails from the Sultanate of Oman: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,'' dated March 23, 2017. --------------------------------------------------------------------------- Partial Rescission of Administrative Review The Department received timely requests to conduct an administrative review of certain exporters covering the POR. Because the petitioner timely withdrew its requests for review of all of the companies listed in the Initiation Notice, with the exception of Oman Fasteners, OISI, and ODS, we are rescinding the administrative review with respect to those 12 companies, pursuant to 19 351.213(d)(1). The Department has rescinded the administrative review with respect to the remaining 12 companies on which we initiated this review pursuant to 19 CFR 351.213(d)(1).\9\ Accordingly, the remaining companies subject to the instant review are: Oman Fasteners, OISI, and ODS. --------------------------------------------------------------------------- \9\ Astrotech Steels Private Ltd, Consolidated Shipping services LLC, Damco India Private Ltd., Flyjac Logistics Private Ltd., International Maritime & Aviation LLC, Liladhar Pasoo India Logistics Private Ltd., Ivk Manuport Logistics LLC, Raajratna Metal Industries Ltd., Shanxi Tianli Industries Co. Ltd., Swift Freight India Private Ltd., United Building Material Factory, Uniworld Logistics Pvt Ltd. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is nails having a nominal shaft length not exceeding 12 inches.\10\ Merchandise covered by the order is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Nails subject to this order also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. For a complete description of the scope of the order, see the Preliminary Decision Memorandum.\11\ --------------------------------------------------------------------------- \10\ The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall. \11\ See Memorandum, ``Decision Memorandum for Preliminary Results of the 2014-2016 Antidumping Duty Administrative Review of Certain Steel Nails from the Sultanate of Oman,'' dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). The Preliminary 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 http://access.trade.gov and 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 accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are 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 the Preliminary Decision Memorandum.\12\ A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice. --------------------------------------------------------------------------- \12\ See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Adverse Facts Available Section 776(a) of the Act provides that the Department shall, subject to section 782(d) of the Act, use ``facts otherwise available'' if: (1) Necessary information is not on the record; or (2) an interested party or any other person: (A) Withholds information that has been requested; (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782 of the Act; (C) significantly impedes a proceeding; or (D) provides information that cannot be verified as provided by section 782(i) of the Act. Section 776(b) of the Act provides that the Department may use an adverse inference in applying the facts otherwise available when a party fails to cooperate by not acting to the best of its ability to comply with a request for information (i.e., adverse facts available, or AFA). In doing so, and under the Trade Preferences Extension Act of 2015 (TPEA), the Department is not required to determine, or make any adjustments to, a weighted-average dumping margin based on any assumptions about information an interested party would have provided if the interested party had complied with the request for information. Further, section 776(b)(2) of the Act states that an adverse inference may include reliance on information derived from the petition, the final determination from the less than fair value investigation, a previous administrative review, or other information placed on the record. Section 776(c) of the Act provides that, in general, when the Department relies on secondary information rather than on information obtained in the course of an investigation, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as information derived from the petition that gave rise to the investigation, the final determination concerning the subject merchandise, or any previous review under section 751 of the Act concerning the subject merchandise. However, the Department is not required to corroborate any dumping margin applied in a separate segment of the same proceeding. Under section 776(d) of the Act, the Department may use any dumping margin from any segment of a proceeding under an AD order when applying an adverse inference, including the highest of such margins. The TPEA also makes clear that when selecting an AFA margin, the Department is not required to estimate what the dumping margin would have been if the interested party failing to cooperate had cooperated or to demonstrate that the dumping margin reflects an ``alleged commercial reality'' of the interested party. In accordance with section 776 of the Act, the Department preliminarily determines that the application of facts [[Page 36740]] available is warranted for OISI because OISI has not provided the necessary information on the record, pursuant to section 776(a)(1) of the Act. Specifically, OISI reported that ODS was its affiliate in the United Arab Emirates, but failed to provide adequate information regarding its relationship with ODS. OISI also failed to provide adequate information regarding its U.S. sales data, such that the Department could not use the data in its calculations. Furthermore, OISI has withheld requested information, failed to provide such information in the form and manner required, impeded this review, and reported information that could not be verified, the use of facts available for the preliminary results is warranted, pursuant to sections 776(a)(2)(A), (B), (C), and (D) of the Act. For a full discussion, see the Preliminary Decision Memorandum. Furthermore, by withholding requested information, failing to provide such information in the manner and form required, impeding this review, and reporting information that could not be verified, OISI failed to cooperate with the Department by not acting to the best of its ability to comply with a request for information by the Department, pursuant to section 776(b)(1) of the Act. Accordingly, we preliminarily determine to apply adverse facts available (AFA) to OISI, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. Record information indicates that OISI and ODS are affiliated and may meet our criteria for collapsing, due to OISI's reported shared ownership and intertwined operations with ODS. Because OISI did not answer our supplemental questionnaire, we do not have all of the information we need on the record in order to conduct a collapsing analysis. Accordingly, we have applied an adverse inference to the factual information on the record, and have, as AFA, collapsed OISI and ODS into a single entity. Furthermore, as we do not have adequate information on the record to calculate a margin for OISI, we have calculated its margin based on total AFA. Specifically, we are applying a rate of 154.33 percent, which was calculated by Petitioner in the petition in this investigation.\13\ We have corroborated this rate with information obtained in the course of this administrative review, consistent with section 776(c)(1) of the Act. For further discussion, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \13\ Letter from the Department, ``Certain Steel Nails India, the Republic of Korea, the Sultanate of Oman, Malaysia, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam,'' dated May 29, 2014 (Petition). See also section 776(b)(2)(A) (stating that the petition is a potential source of information for the application of adverse facts available). --------------------------------------------------------------------------- Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period December 29, 2014 through June 30, 2016: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margins (percent) ------------------------------------------------------------------------ Oman Fasteners LLC.......................................... 99.88 Overseas International Steel Industry LLC/Overseas 154.33 Distribution Services Inc\14\.............................. ------------------------------------------------------------------------ Assessment Rates --------------------------------------------------------------------------- \14\ ODS was initially a non-selected respondent subject to this administrative review; however, because we have, as AFA, collapsed ODS with mandatory respondent OISI, we are assigning both the same AFA margin. --------------------------------------------------------------------------- Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. For any individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).\15\ For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company involved in the transaction.\16\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer- specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. --------------------------------------------------------------------------- \15\ In these preliminary results, the Department applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). \16\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- For the twelve companies for which this review is rescinded, antidumping duties will be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawn from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirement The following deposit requirements will be effective upon publication of the notice of the final results of administrative review for all shipments of nails from Oman entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (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 recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 9.10 percent ad valorem, the all- others rate established in the less-than-fair value investigation.\17\ --------------------------------------------------------------------------- \17\ See Certain Steel Nails from the Republic of Oman: Final Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 2015). --------------------------------------------------------------------------- [[Page 36741]] Disclosure and Public Comment The Department intends to disclose the calculations used in our analysis to interested parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no 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 no later than five days after the time limit for filing case briefs.\18\ Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.\19\ Executive summaries should be limited to five pages total, including footnotes.\20\ Case and rebuttal briefs should be filed using ACCESS.\21\ --------------------------------------------------------------------------- \18\ See 19 CFR 351.309(d)(1). \19\ See 19 CFR 351.309(c)(2) and (d)(2). \20\ Id. \21\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, the Department will notify interested parties of the hearing schedule. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.\22\ --------------------------------------------------------------------------- \22\ See section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary 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 this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results and partial rescission of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1). Dated: July 31, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation V. Use of Facts Otherwise Available and Adverse Interferences VI. Discussion of the Methodology VII. Recommendation [FR Doc. 2017-16497 Filed 8-4-17; 8:45 am] BILLING CODE 3510-DS-P
![36738 Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
argument presentations will be limited regarding the reimbursement of respect to 12 companies, based on the
to issues raised in the briefs. If a request antidumping duties prior to liquidation timely withdrawal of Mid Continent
for a hearing is made, the Department of the relevant entries during this Steel & Wire, Inc.’s (the petitioner)
intends to hold the hearing at the U.S. review period. Failure to comply with request for administrative review.
Department of Commerce, 1401 this requirement could result in the Interested parties are invited to
Constitution Avenue NW., Washington, Department’s presumption that comment on these preliminary results.
DC 20230, at a date and time to be reimbursement of antidumping duties DATES: Applicable August 7, 2017.
determined.14 Parties should confirm by occurred and the subsequent assessment FOR FURTHER INFORMATION CONTACT: Lilit
telephone the date, time, and location of of double antidumping duties. Astvatsatrian or Thomas Martin, AD/
the hearing two days before the We are issuing and publishing these CVD Operations, Office IV, Enforcement
scheduled date. results in accordance with sections and Compliance, International Trade
All submissions, with limited 751(a)(2)(B) and 777(i)(1) of the Act. Administration, U.S. Department of
exceptions, must be filed electronically
Dated: July 31, 2017. Commerce, 1401 Constitution Avenue
using ACCESS. An electronically filed
Gary Taverman, NW., Washington, DC 20230; telephone:
document must be received successfully
Deputy Assistant Secretary for Antidumping (202) 482–6412 or (202) 482–3936,
in its entirety by the Department’s
and Countervailing Duty Operations, respectively.
electronic records system, ACCESS, by
performing the non-exclusive functions and SUPPLEMENTARY INFORMATION: On July
5 p.m. Eastern Time (ET) on the due duties of the Assistant Secretary for
date. Documents excepted from the 13, 2015, the Department published in
Enforcement and Compliance.
electronic submission requirements the Federal Register an AD order on
must be filed manually (i.e., in paper Appendix I nails from Oman.1 On July 5, 2016, the
form) with the APO/Dockets Unit in Department notified interested parties of
Room 18022, and stamped with the date the opportunity to request an
and time of receipt by 5 p.m. ET on the List of Sections in the Preliminary Decision administrative review of orders,
due date.15 Memorandum findings, or suspended investigations
The Department intends to issue the 1. Summary with anniversaries in July 2016,
final results of this administrative 2. Background including the AD order on nails from
review, which will include the results of 3. Scope of the Order Oman. The Department received timely
its analysis of issues raised in any briefs 4. Discussion of the Methodology
requests from Oman Fasteners, OISI,
5. Conclusion
received, no later than 90 days after the and the petitioner to conduct an
date these preliminary results of review [FR Doc. 2017–16577 Filed 8–4–17; 8:45 am] administrative review of certain
are issued, pursuant to section BILLING CODE 3510–DS–P exporters covering the POR. On
751(a)(2)(B) of the Act. September 12, 2016, the Department
Assessment Rates published a notice initiating an AD
DEPARTMENT OF COMMERCE administrative review of nails from
If the Department proceeds to a final Oman covering 15 companies for the
rescission of this administrative review, International Trade Administration
POR.2
the assessment rate to which Mutlu’s [A–523–808] In the Initiation Notice, the
shipments will be subject will not be Department indicated that, in the event
affected by this review. If the Certain Steel Nails From the Sultanate that we would limit the respondents
Department does not proceed to a final of Oman: Preliminary Results of selected for individual examination in
rescission of this administrative review, Antidumping Duty Administrative accordance with section 777A(c)(2) of
pursuant to 19 CFR 351.212(b)(1), we Review and Partial Rescission of the Tariff Act of 1930, as amended (the
will calculate importer-specific (or Antidumping Duty Administrative Act), we would select mandatory
customer-specific) assessment rates Review; 2014–2016 respondents for individual examination
based on the final results of this review. based upon U.S. Customs and Border
AGENCY: Enforcement and Compliance,
Cash Deposit Requirements Protection (CBP) entry data.3 On
International Trade Administration,
Department of Commerce. November 9, 2016, after considering the
If the Department proceeds to a final large number of potential producers/
rescission of this administrative review, SUMMARY: The Department of Commerce exporters involved in this
Mutlu’s cash deposit rate will continue (the Department) is conducting an administrative review, and the resources
to be the all-others rate. If the administrative review of the available to the Department, we
Department issues final results for this antidumping duty (AD) order on certain determined that it was not practicable to
administrative review, the Department steel nails (nails) from the Sultanate of examine all exporters/producers of
will instruct CBP to collect cash Oman (Oman). The period of review subject merchandise for which a review
deposits, effective upon the publication (POR) is December 29, 2014, through was requested.4 As a result, pursuant to
of the final results, at the rates June 30, 2016. This administrative
established therein. review covers two exporters of the 1 See Certain Steel Nails from the Republic of
Notification to Importers subject merchandise, both of which Korea, Malaysia, the Sultanate of Oman, Taiwan,
were selected as mandatory and the Socialist Republic of Vietnam:
This notice also serves as a respondents, Oman Fasteners LLC Antidumping Duty Orders, 80 FR 39994 (July 13,
preliminary reminder to importers of 2015) (Order).
(Oman Fasteners) and Overseas
mstockstill on DSK30JT082PROD with NOTICES
2 See Initiation of Antidumping and
their responsibility under 19 CFR International Steel Industry LLC (OISI). Countervailing Duty Administrative Reviews, 81 FR
351.402(f)(2) to file a certificate The Department preliminarily 62720 (September 12, 2016) (Initiation Notice).
determines Oman Fasteners and OISI 3 See Initiation Notice, 81 FR at 62720.
14 See19 CFR 351.310(d). 4 See Memorandum entitled, ‘‘Respondent
15 See
made sales of subject merchandise at
Antidumping and Countervailing Duty Selection in the first Antidumping Duty
Proceedings: Electronic Filing Procedures;
less than normal value during the POR. Administrative Review of Certain Steel Nails from
Administrative Protective Order Procedures, 76 FR Additionally, we are rescinding this Oman,’’ dated November 9, 2016 (Respondent
39263 (July 6, 2011). administrative review, in part, with Selection Memorandum).
VerDate Sep<11>2014 18:14 Aug 04, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1](https://thefederalregister.org/doc/82_FR_36888/page/1.svg)
![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices 36741
Disclosure and Public Comment period. Failure to comply with this FOR FURTHER INFORMATION CONTACT:
The Department intends to disclose requirement could result in the Edythe Artman or Madeline Heeren,
the calculations used in our analysis to Department’s presumption that AD/CVD Operations, Office VI,
interested parties in this review within reimbursement of antidumping duties Enforcement and Compliance,
five days of the date of publication of occurred and the subsequent assessment International Trade Administration,
this notice in accordance with 19 CFR of double antidumping duties. U.S. Department of Commerce, 1401
351.224(b). Interested parties are invited These preliminary results and partial Constitution Avenue NW., Washington,
to comment on the preliminary results rescission of administrative review are DC 20230; telephone: (202) 482–3931 or
of this review. Pursuant to 19 CFR issued and published in accordance (202) 482–9179, respectively.
351.309(c)(1)(ii), interested parties may with sections 751(a)(1) and 777(i)(1) of SUPPLEMENTARY INFORMATION:
submit case briefs no later than 30 days the Act and 19 CFR 351.213(h)(1).
Background
after the date of publication of this Dated: July 31, 2017.
notice. Rebuttal briefs, limited to issues These preliminary results of review
Gary Taverman,
raised in the case briefs, may be filed no are made in accordance with section
Deputy Assistant Secretary for Antidumping
later than five days after the time limit 751 of the Tariff Act of 1930, as
and Countervailing Duty Operations,
for filing case briefs.18 Parties who performing the non-exclusive functions and amended (the Act). On September 12,
submit case briefs or rebuttal briefs in duties of the Assistant Secretary for 2016, the Department published the
this proceeding are requested to submit Enforcement and Compliance. notice of initiation for the
with each brief: (1) A statement of the administrative review.1 For a complete
Appendix description of the events that followed
issue, (2) a brief summary of the
argument, and (3) a table of the initiation of the review, see the
List of Topics Discussed in the Preliminary
authorities.19 Executive summaries Decision Memorandum Preliminary Decision Memorandum.2 A
should be limited to five pages total, list of topics included in the
I. Summary
including footnotes.20 Case and rebuttal Preliminary Decision Memorandum is
II. Background
briefs should be filed using ACCESS.21 III. Scope of the Order included as Appendix II to this notice.
Pursuant to 19 CFR 351.310(c), any IV. Affiliation The Preliminary Decision Memorandum
interested party may request a hearing V. Use of Facts Otherwise Available and is a public document and is on file
within 30 days of the publication of this Adverse Interferences electronically via Enforcement and
notice in the Federal Register. If a VI. Discussion of the Methodology Compliance’s Antidumping and
hearing is requested, the Department VII. Recommendation Countervailing Duty Centralized
will notify interested parties of the [FR Doc. 2017–16497 Filed 8–4–17; 8:45 am] Electronic Service System (ACCESS).
hearing schedule. Interested parties who BILLING CODE 3510–DS–P ACCESS is available to registered users
wish to request a hearing, or to at https://access.trade.gov and to all
participate if one is requested, must parties in the Central Records Unit,
submit a written request to the Assistant DEPARTMENT OF COMMERCE located in Room B8094 of the main
Secretary for Enforcement and Department of Commerce building. In
Compliance, filed electronically via International Trade Administration addition, a complete version of the
ACCESS within 30 days after the date of Preliminary Decision Memorandum can
[A–557–816]
publication of this notice. Requests be accessed directly at http://
should contain: (1) The party’s name, Certain Steel Nails From Malaysia: enforcement.trade.gov/frn/. The signed
address, and telephone number; (2) the Preliminary Results and Partial and the electronic versions of the
number of participants; and (3) a list of Rescission of Antidumping Duty Preliminary Decision Memorandum are
the issues to be discussed. Issues raised Administrative Review; 2014–2016 identical in content.
in the hearing will be limited to those
AGENCY: Enforcement and Compliance, Scope of the Order
raised in the respective case and
rebuttal briefs. International Trade Administration, The products covered by the scope of
We intend to issue the final results of Department of Commerce. the order are certain steel nails from
this administrative review, including SUMMARY: The Department of Commerce Malaysia. For a complete description of
the results of our analysis of issues (the Department) is conducting an the scope, see Appendix I of this notice.
raised by the parties in the written administrative review of the Partial Rescission of Administrative
comments, within 120 days of antidumping duty order on certain steel Review
publication of these preliminary results nails from Malaysia. The period of
in the Federal Register, unless In the Initiation Notice, we initiated a
review covers December 29, 2014,
otherwise extended.22 review of 19 companies. However, the
through June 30, 2016. The review
petitioner, Mid Continent Steel & Wire,
Notification to Importers covers three producers/exporters of the
Inc., withdrew its request for review of
subject merchandise. We preliminarily
This notice also serves as a 16 of the companies on December 12,
determine that sales of subject
preliminary reminder to importers of 2016. No other parties had requested a
merchandise by the collapsed entities
their responsibility under 19 CFR review of these companies. Thus, in
Inmax and Region, both of which were
351.402(f) to file a certificate regarding response to the petitioner’s timely filed
selected for individual examination,
the reimbursement of antidumping withdrawal request and pursuant to 19
were made at less than normal value
mstockstill on DSK30JT082PROD with NOTICES
duties prior to liquidation of the during the period of review. We are 1 See Initiation of Antidumping and
relevant entries during this review rescinding the review with respect to 16 Countervailing Duty Administrative Reviews, 81 FR
18 See
companies for which the request for 62720 (September 12, 2016) (Initiation Notice).
19 CFR 351.309(d)(1).
19 See
review was timely withdrawn. 2 See Memorandum, ‘‘Decision Memorandum for
19 CFR 351.309(c)(2) and (d)(2). Preliminary Results of Antidumping Duty
20 Id. Interested parties are invited to
Administrative Review and Intent to Rescind in
21 See 19 CFR 351.303. comment on these preliminary results. Part: Certain Steel Nails from Malaysia; 2014–
22 See section 751(a)(3)(A) of the Act. DATES: Applicable August 7, 2017. 2016’’, dated concurrently with this notice.
VerDate Sep<11>2014 18:14 Aug 04, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1](https://thefederalregister.org/doc/82_FR_36888/page/4.svg)
Document Created: 2017-08-05 02:59:49
Document Modified: 2017-08-05 02:59:49
| 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 | Applicable August 7, 2017. | |
| Contact | Lilit Astvatsatrian or 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) 482-6412 or (202) 482-3936, respectively. | |
| FR Citation | 82 FR 36738 |
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