[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85219-85221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26892]


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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; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
sales of certain steel nails from the United Arab Emirates were made at 
less than normal value during the period of review (POR) May 1, 2021, 
through April 30, 2022.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, 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) 482-2517.

SUPPLEMENTARY INFORMATION: 

Background

    On June 5, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ This review covers two 
respondents: Master Nails and Pins Manufacturing, LLC/

[[Page 85220]]

Middle East Manufacturing Steel LLC (collectively, Master) and Rich 
Well Steel Industries LLC (Rich Well).
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    \1\ See Certain Steel Nails from the United Arab Emirates: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 36536 (June 5, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
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    From June 20 through 23,\2\ and July 3 through 7, 2023,\3\ Commerce 
verified Master's sales and cost responses. On August 29, 2023, the 
petitioner \4\ submitted case briefs,\5\ and on September 7 and 8, 
2023, Rich Well \6\ and Master,\7\ respectively, submitted rebuttal 
briefs. On September 21, 2023, we extended the deadline for these final 
results to December 1, 2023.\8\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\9\
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    \2\ See Verification Report, ``Verification of the Sales 
Response of Master Nails and Pins Manufacturing LLC,'' dated July 
21, 2023.
    \3\ See Verification Report, ``Verification of the Cost Response 
of Master Nails and Pins Manufacturing LLC,'' dated August 15, 2023.
    \4\ The petitioner is Mid Continent Steel & Wire, Inc.
    \5\ See Petitioner's Letters, ``Case Brief Regarding Master,'' 
and ``Case Brief Regarding Rich Well,'' both dated August 29, 2023.
    \6\ See Rich Well's Letter, ``Rich Well Steel Industries LLC 
Rebuttal to the Petitioner's Case Brief,'' dated September 7, 2023.
    \7\ See Master's Letter, ``Rebuttal Brief of Master,'' dated 
September 8, 2023.
    \8\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2021-2022 Antidumping Duty Administrative Review,'' dated 
September 21, 2023.
    \9\ See Memorandum, ``Certain Steel Nails from the United Arab 
Emirates: Issues and Decision Memorandum for the Final Results of 
the Antidumping Duty Administrative Review; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order <SUP>10</SUP>
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    \10\ 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).
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    The products covered by this Order are certain steel nails from the 
United Arab Emirates. For a full description of the scope, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed the issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is included in the appendix to this 
notice. 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). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record, including our verification 
reports and comments received from interested parties, we have made 
changes to the Preliminary Results margin calculation for Master.\11\
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    \11\ See Issues and Decision Memorandum at Comments 1 and 2.
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Final Results of Administrative Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period May 1, 2021, through April 30, 2022:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Master Nails and Pins Manufacturing LLC/Middle East                 4.58
 Manufacturing Steel, LLC...............................
Rich Well Steel Industries LLC..........................            2.28
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review (with respect to Master's 
revised dumping margin) to interested parties within five days after 
public announcement of the final results or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2) of the Act and 19 CFR 351.212(b)(1), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.
    Because the weighted-average dumping margins for Master and Rich 
Well are not zero or de minimis (i.e., less than 0.5 percent), we 
calculated importer-specific ad valorem assessment rates based on the 
ratio of the total amount of dumping calculated for the examined sales 
to the total entered value of the sales. Where an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Master or Rich Well for 
which they did not know their 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.\12\
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    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2) of the Act: (1) the cash deposit rates for Master and Rich 
Well will be the weighted-average dumping margins established in the 
final results of this administrative review; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
LTFV investigation, but the producer has been covered in a prior 
completed segment of this proceeding, the cash deposit rate will be the 
company-specific rate established for the most recent period for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 4.30 percent.\13\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \13\ See Order, 77 FR at 27422.
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Notification to Importers

    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

[[Page 85221]]

during this POR. Failure to comply with this requirement could result 
in Commerce's presumption that reimbursement of antidumping duties has 
occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a 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), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Master Nails and Pins Manufacturing, LLC/
Middle East Manufacturing Steel, LLC (Master) Failed to Report 
Reliable/Verifiable Sales Data
    Comment 2: Whether Commerce Should Make Adjustments to Master's 
Data
    Comment 3: Whether Rich Well Steel Industries LLC (Rich Well) 
Failed to Provide an Accurate and Reliable Cost Database
    Comment 4: Whether Commerce Should Adjust Rich Well's General 
and Administrative (G&A) Expenses
VI. Recommendation

[FR Doc. 2023-26892 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P