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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34637-34639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12213]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]

Certain Steel Nails From the United Arab Emirates: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that sales of certain steel nails (steel nails) from the United Arab 
Emirates (UAE) were made at less than normal value (NV) during the 
period of review (POR) May 1, 2020, through April 30, 2021. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable June 7, 2022.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or 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) 482-3860 or (202) 
482-2517, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 6, 2021, Commerce initiated an administrative review of the 
antidumping duty order on steel nails from the UAE in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This 
administrative review covers 18 producers/exporters of the subject 
merchandise.\2\ Commerce selected two mandatory respondents for 
individual examination: Middle East Manufacturing Steel LLC (MEM) and 
Master Nails and Pins Manufacturing, LLC (Master). We preliminarily 
find, however, that it is appropriate to treat MEM and Master as a 
single entity (MEM/Master).\3\ On January 20, 2022,

[[Page 34638]]

Commerce extended the deadline for the preliminary results of this 
administrative review by 120 days, until May 31, 2022.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 35481 (July 6, 2021) (Initiation 
Notice).
    \2\ While the Initiation Notice names 19 companies, we 
subsequently found two of these companies to be affiliated and are 
preliminarily treating them as a single entity.
    \3\ See Memorandum, ``Antidumping Duty Administrative Review of 
Certain Steel Nails from the United Arab Emirates--Middle East 
Manufacturing Steel LLC and Master Nails and Pins Manufacturing LLC 
Preliminary Affiliation and Single Entity Memo,'' dated concurrently 
with this notice. Commerce has preliminarily determined that MEM and 
Master are affiliated, pursuant to section 771(33)(F) of the Act, 
and should be considered a single-entity, pursuant to 19 CFR 
351.401(f).
    \4\ See Memorandum, ``Certain Steel Nails from the United Arab 
Emirates: Extension of Deadline for Preliminary Results of 2020-2021 
Antidumping Duty Administrative Review,'' dated January 20, 2022.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order: 
Certain Steel Nails from the United Arab Emirates; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order 6
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    \6\ 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 
UAE. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. NV is calculated in accordance with section 773 
of the Act. For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum.

Rate for Non-Selected Companies

    The Act and Commerce's regulations do not address the 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, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a less-than-fair value (LTFV) investigation, for 
guidance when calculating the rate for companies that were not selected 
for individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' In this 
segment of the proceeding, we calculated a margin for MEM/Master, the 
sole mandatory respondent, that was not zero, de minimis, or based on 
facts available. Accordingly, consistent with section 735(c)(5)(A), we 
determined the weighted-average dumping margin calculated for MEM/
Master to be the weighted-average dumping margin for the non-examined 
companies.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exists for the period May 1, 2020, through April 30, 
2021:

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/exporter                      dumping margin
                                                           (percent)
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Middle East Manufacturing Steel LLC/Master Nails and                3.65
 Pins Manufacturing, LLC.............................
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       Review-Specific Rate Applicable to the Following Companies
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Al Falaq Building Materials..........................               3.65
Al Khashab Building Materials Co., LLC...............               3.65
Al Rafaa Star Building Materials Est.................               3.65
Al Sabbah Trading and Importing, Est.................               3.65
All Ferro Building Materials, LLC....................               3.65
Asgarali Yousuf Trading Co., LLC.....................               3.65
Azymuth Consulting, LLC..............................               3.65
Burj Al Tasmeem, Tr..................................               3.65
Gheewala Hardware Trading Company, LLC...............               3.65
New World International, LLC.........................               3.65
Okzeela Star Building Materials Trading, LLC.........               3.65
Rich Well Steel Industries LLC.......................               3.65
Rishi International, FZCO............................               3.65
Samrat Wire Industry, LLC............................               3.65
Sea Lan Contracting..................................               3.65
SK Metal International DMCC..........................               3.65
Trade Circle Enterprises, LLC........................               3.65
------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\7\ If MEM/Master's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem antidumping 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). We intend to instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where the importer-specific assessment rate

[[Page 34639]]

calculated in the final results of this review is not zero or de 
minimis.
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    \7\ See 19 CFR 351.212(b)(1).
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    For the companies which were not selected for individual review, we 
intend to determine an assessment rate based on the rate calculated for 
MEM/Master, as noted above. The final results of this review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise covered by this review and for future deposits of estimated 
duties, where applicable.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by the 
respondent where the respondent did not know that the merchandise was 
destined for the United States, we intend to instruct CBP to liquidate 
those entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\9\
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    \9\ 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 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific 
company listed above will be equal to the weighted-average dumping 
margin established in the final results of this administrative review, 
except if the rate is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rates published for the most 
recently-completed segment of this proceeding in which they were 
reviewed; (3) if the exporter is not a firm covered by this review, a 
prior review, or the original LTFV investigation, but the producer is, 
then the cash deposit rate will be the rate established for the most 
recently-completed segment of this proceeding 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,\10\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \10\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\11\ 
Pursuant to 19 CFR 351.309(c), 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 not later than seven days after the date for filing case 
briefs.\12\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\13\ Case and rebuttal briefs should be filed using ACCESS 
\14\ and must be served on interested parties.\15\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\16\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See generally 19 CFR 351.303.
    \15\ See 19 CFR 351.303(f).
    \16\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time 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 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.

Final Results of the Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: May 31, 2022.
Lisa W. Wang,
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 and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-12213 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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