85878 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 

1See Certain Steel Nails from the Sultanate of 

Oman: Preliminary Results of Antidumping Duty 

Administrative Review and Preliminary 

Determination of No Shipments; 2021–2022, 88 FR 

52120 (August 7, 2023) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 2021– 

2022 Administrative Review of the Antidumping 

Duty Order on Certain Steel Nails from the 

Sultanate of Oman,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

3See 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). 

4See Issues and Decision Memorandum at 

Comment 2. 

5See Albemarle Corp. & Subsidiaries v. United 

States, 821 F.3d 1345, 1353 (Fed. Cir. 2016); see 

also Certain Hot Rolled Steel Flat Products from 

Japan: Final Results of Antidumping Duty 

Administrative Review and Final Determination of 

No Shipments; 2017–2018, 85 FR 57821 (September 

16, 2020). 

Adverse Inferences 

VII. Statutory and Regulatory Framework for 

the Circumvention Inquiry 

VIII. Analysis of Statutory Criteria for the 

Circumvention Inquiry 

IX. Summary of Statutory Analysis 

X. Country-Wide Affirmative Determination 

of Circumvention 

XI. Recommendation 

[FR Doc. 2023–27129 Filed 12–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–523–808] 

Certain Steel Nails From the Sultanate 

of Oman: 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 

Oman Fasteners, LLC (Oman Fasteners), 

the sole producer and exporter subject 

to this administrative review, made 

sales of certain steel nails (steel nails) 

from the Sultanate of Oman (Oman) in 

the United States at prices below normal 

value (NV) during the period of review 

(POR), July 1, 2021, through June 30, 

2022. 

DATES: Applicable December 11, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Dakota Potts, 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) 482–0223. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 7, 2023, Commerce 

published the Preliminary Results of 

this administrative review and we 

invited interested parties to comment.1

A summary of the events that occurred 

since Commerce published the 

Preliminary Results, as well as a full 

discussion of the issues raised by parties 

for these final results, are discussed in 

the Issues and Decision Memorandum.2

Scope of the Order 3

The product covered by this Order is 

steel nails from Oman. For a complete 

description of the scope of the Order, 

see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised in the parties’ case 

and rebuttal briefs are addressed in the 

Issues and Decision Memorandum and 

are listed 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 comments received from 

interested parties regarding our 

Preliminary Results and our review of 

the record, we made changes to the 

preliminary weighted-average dumping 

margin calculations for Oman Fasteners, 

as detailed in the Issues and Decision 

Memorandum.4

Rate for Non-Examined Companies 

The Tariff Act of 1930, as amended 

(the Act), and Commerce’s regulations 

do not address the establishment of a 

rate to be applied to companies not 

selected for individual examination 

when Commerce limits its examination 

in an administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

when calculating margins for nonselected respondents, Commerce looks 

to section 735(c)(5) of the Act for 

guidance, which provides instructions 

for calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for companies 

which we did not examine in an 

administrative review. When the rates 

for individually examined companies 

are all zero, de minimis, or based 

entirely on facts available, section 

735(c)(5)(B) of the Act provides that 

Commerce may use ‘‘any reasonable 

method’’ to establish the all-others rate. 

We calculated a dumping margin of 0.00 

percent for the sole mandatory 

respondent, Oman Fasteners, LLC. 

Therefore, we assigned the companies 

not selected for examination a margin of 

0.00 percent, the sole margin calculated 

in this proceeding.5

Final Results of Review 

As a result of this review, we 

determine the following estimated 

weighted-average dumping margins 

exist for the POR: 

Exporter or producer 

Weighted-average 

dumping margin 

(percent) 

Oman Fasteners, LLC ................................................................................................................................................................. 0.00 

Al Ansari Teqmark, LLC .............................................................................................................................................................. 0.00 

Al Kiyumi Global LLC .................................................................................................................................................................. 0.00 

Al Sarah Building Materials LLC ................................................................................................................................................. 0.00 

Buraimi Iron & Steel, LLC ............................................................................................................................................................ 0.00 

CL Synergy (Pvt) Ltd ................................................................................................................................................................... 0.00 

Diamond Foil Trading LLC .......................................................................................................................................................... 0.00 

Gulf Nails Manufacturing, LLC .................................................................................................................................................... 0.00 

Gulf Steel Manufacturers, LLC .................................................................................................................................................... 0.00 

Muscat Industrial Company, LLC ................................................................................................................................................ 0.00 

Muscat Nails Factory Golden Asset Trade, LLC ......................................................................................................................... 0.00 

Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd. Sti ................................................................................................. 0.00 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 85879 

6See 19 CFR 351.212(b). 

7For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 8See Order. 

Exporter or producer 

Weighted-average 

dumping margin 

(percent) 

WWL Indian Private Ltd ............................................................................................................................................................... 0.00 

All Others ..................................................................................................................................................................................... 9.10 

Disclosure 

Commerce intends to disclose the 

calculations performed for these final 

results 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 

Commerce has determined, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with these 

final results of review.6 Pursuant to 19 

CFR 351.212(b)(1), we calculated 

importer-specific ad valorem duty 

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 for which 

entered value was reported. Where the 

respondent’s weighted-average dumping 

margin is zero or de minimis within the 

meaning of 19 CFR 351.106(c)(1), 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. 

Commerce’s ‘‘automatic assessment’’ 

practice will apply to entries of subject 

merchandise during the POR produced 

by companies included in these final 

results of review for which the reviewed 

companies did not know that the 

merchandise it sold to the intermediary 

(e.g., a reseller, trading company, or 

exporter) was destined for the United 

States. In such instances, 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.7 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 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)(C) of the Act: (1) the 

cash deposit rate for the companies 

listed above will be equal to the 

weighted-average dumping margin that 

is established in the ‘‘Final Results of 

Review’’; (2) for previously investigated 

or reviewed companies not subject to 

this review, 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 company participated; (3) if 

the exporter is not a firm covered in this 

review, a prior review, or the original 

less-than-fair-value (LTFV) 

investigation, but the producer is, the 

cash deposit rate will be the rate 

established for the most recently 

completed segment of the proceeding 

for the producer of the merchandise; 

and (4) the cash deposit rate for all other 

producers and exporters will continue 

to be 9.10 percent ad valorem, the allothers rate established in the LTFV 

investigation.8 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice also 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 the POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to an 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) and 19 CFR 

351.213(h)(1). 

Dated: December 4, 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: The Appropriate Source for 

Constructed Value (CV) Profit and 

Indirect Selling Expenses (ISE) 

Comment 2: Whether to Revise Mita’s CV 

ISE Ratio 

Comment 3: Whether to Calculate a CV 

Profit Cap 

Comment 4: Whether to Apply Prior Period 

Costs to Certain U.S. Sales 

Comment 5: Whether Commerce’s Targeted 

Dumping Methodology is Unlawful 

Comment 6: Whether to Deduct All Section 

232 Duties 

VI. Recommendation 

[FR Doc. 2023–27131 Filed 12–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD576] 

Marine Mammals and Endangered 

Species 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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