Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34639 

8See section 751(a)(2)(C) of the Act. 

9For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

10See Order. 

11See 19 CFR 351.224(b). 

12See 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). 

13See 19 CFR 351.309(c)(2) and (d)(2). 

14See generally 19 CFR 351.303. 

15See 19 CFR 351.303(f). 

16See Temporary Rule. 

calculated in the final results of this 

review is not zero or de minimis. 

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

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 allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.9

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entered, or withdrawn from warehouse, 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 recentlycompleted 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 recentlycompleted 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. 

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

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–523–817] 

Certain Steel Nails From the Sultanate 

of Oman: Preliminary Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain steel 

nails (steel nails) from the Sultanate of 

Oman (Oman). The period of 

investigation is January 1, 2020, through 


jspears on DSK121TN23PROD with NOTICES1
34640 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

1See Certain Steel Nails from India, the Sultanate 

of Oman, Sri Lanka, Thailand, and the Republic of 

Turkey: Initiation of Countervailing Duty 

Investigations, 87 FR 3970 (January 26, 2022) 

(Initiation Notice). 

2See Certain Steel Nails from India, the Sultanate 

of Oman, Sri Lanka, Thailand, and the Republic of 

Turkey: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 87 FR 12080 (March 3, 2022). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of Certain Steel 

Nails from the Sultanate of Oman,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice, 87 FR at 3971. 

6See Certain Steel Nails from India, Sri Lanka, 

Thailand, and the Republic of Turkey: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 87 FR 30868 

(May 20, 2022). 

7The deadline for interested parties to submit 

scope case and rebuttal briefs will be established in 

the preliminary scope decision memorandum. 

8See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

9See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

December 31, 2020. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable June 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

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) 482–3936. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). On January 26, 2022, we 

published the notice of initiation of a 

countervailing duty (CVD) investigation 

of steel nails from Oman.1 On March 3, 

2022, Commerce postponed the 

preliminary determination of this 

investigation until May 31, 2022.2 For a 

complete description of the events that 

followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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 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. 

Scope of the Investigation 

The products covered by this 

investigation are steel nails from Oman. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 We received 

several comments concerning the scope 

of the antidumping duty (AD) and CVD 

investigations of steel nails as it 

appeared in the Initiation Notice. We 

are currently evaluating the scope 

comments filed by the interested 

parties. We intend to issue our 

preliminary decision regarding the 

scope of the AD and CVD investigations 

on or before the preliminary 

determinations of the companion AD 

investigations, the deadline for which is 

July 28, 2022.6 We will incorporate the 

scope decisions from the AD 

investigations into the scope of the final 

CVD determination for this investigation 

after considering any relevant comments 

submitted in scope case and rebuttal 

briefs.7 The deadline for interested 

parties to submit scope case and rebuttal 

briefs will be established in the 

preliminary scope decision 

memorandum. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found to be countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.8

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

calculated an estimated countervailable 

subsidy duty rate for Oman Fasteners 

LLC, the only individually-examined 

exporter/producer in this investigation. 

Because the only individually 

calculated rate is not zero, de minimis, 

or based entirely on fact otherwise 

available, the rate calculated for Oman 

Fasteners LLC is the rate assigned to all 

other producers and exporters. For a full 

description of the methodology 

underlying Commerce’s analysis, see the 

Preliminary Decision Memorandum. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated net 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent) 

Oman Fasteners LLC ........... 2.49 

All Others .............................. 2.49 

Suspension of Liquidation 

In accordance with sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of this 

notice in the Federal Register. Further, 

pursuant to 19 CFR 351.205(d), 

Commerce will instruct CBP to require 

a cash deposit equal to the rates 

indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the deadline for the verification 

questionnaire response in this 

investigation. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than seven days after 

the deadline date for case briefs.9 Note 

that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34641 

10See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

notice.10 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case or rebuttal briefs in this 

investigation 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance within 30 days after the 

date of publication of this notice. 

Requests should contain the party’s 

name, address, and telephone number, 

the number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether imports of nails 

from Oman are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act, and 19 CFR 

351.205(c). 

Dated: May 31, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is certain steel nails having a 

nominal shaft or shank length not exceeding 

12 inches. Certain steel nails include, but are 

not limited to, nails made from round wire 

and nails that are cut from flat-rolled steel or 

long-rolled flat steel bars. Certain steel nails 

may be of one piece construction or 

constructed of two or more pieces. Examples 

of nails constructed of two or more pieces 

include, but are not limited to, anchors 

comprised of an anchor body made of zinc 

or nylon and a steel pin or a steel nail; crimp 

drive anchors; split-drive anchors, and strike 

pin anchors. Also included in the scope are 

anchors of one piece construction. 

Certain steel nails may be produced from 

any type of steel, and may have any type of 

surface finish, head type, shank, point type 

and shaft diameter. Finishes include, but are 

not limited to, coating in vinyl, zinc 

(galvanized, including but not limited to 

electroplating or hot dipping one or more 

times), phosphate, cement, and paint. Certain 

steel nails may have one or more surface 

finishes. Head styles include, but are not 

limited to, flat, projection, cupped, oval, 

brad, headless, double, countersunk, and 

sinker. Shank or shaft styles include, but are 

not limited to, smooth, barbed, screw 

threaded, ring shank and fluted. 

Screw-threaded nails subject to this 

proceeding are driven using direct force and 

not by turning the nail using a tool that 

engages with the head. Point styles include, 

but are not limited to, diamond, needle, 

chisel and blunt or no point. Certain steel 

nails may be sold in bulk, or they may be 

collated in any manner using any material. 

Excluded from the scope are certain steel 

nails packaged in combination with one or 

more non-subject articles, if the total number 

of nails of all types, in aggregate regardless 

of size, is less than 25. If packaged in 

combination with one or more non-subject 

articles, certain steel nails remain subject 

merchandise if the total number of nails of 

all types, in aggregate regardless of size, is 

equal to or greater than 25, unless otherwise 

excluded based on the other exclusions 

below. 

Also excluded from the scope are certain 

steel nails with a nominal shaft or shank 

length of one inch or less that are a 

component of an unassembled article, where 

the total number of nails is sixty (60) or less, 

and the imported unassembled article falls 

into one of the following eight groupings: (1) 

Builders’ joinery and carpentry of wood that 

are classifiable as windows, French-windows 

and their frames; (2) builders’ joinery and 

carpentry of wood that are classifiable as 

doors and their frames and thresholds; (3) 

swivel seats with variable height adjustment; 

(4) seats that are convertible into beds (with 

the exception of those classifiable as garden 

seats or camping equipment); (5) seats of 

cane, osier, bamboo or similar materials; (6) 

other seats with wooden frames (with the 

exception of seats of a kind used for aircraft 

or motor vehicles); (7) furniture (other than 

seats) of wood (with the exception of (i) 

medical, surgical, dental or veterinary 

furniture; and (ii) barbers’ chairs and similar 

chairs, having rotating as well as both 

reclining and elevating movements); or (8) 

furniture (other than seats) of materials other 

than wood, metal, or plastics (e.g., furniture 

of cane, osier, bamboo or similar materials). 

The aforementioned imported unassembled 

articles are currently classified under the 

following Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings: 4418.10, 

4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 

9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 

9403.60, 9403.81 or 9403.89. 

Also excluded from the scope of this 

investigation are nails suitable for use in 

powder-actuated hand tools, whether or not 

threaded, which are currently classified 

under HTSUS subheadings 7317.00.2000 and 

7317.00.3000. 

Also excluded from the scope of this 

investigation are nails suitable for use in gasactuated hand tools. These nails have a case 

hardness greater than or equal to 50 on the 

Rockwell Hardness C scale (HRC), a carbon 

content greater than or equal to 0.5 percent, 

a round head, a secondary reduced-diameter 

raised head section, a centered shank, and a 

smooth symmetrical point. 

Also excluded from the scope of this 

investigation are corrugated nails. A 

corrugated nail is made up of a small strip 

of corrugated steel with sharp points on one 

side. 

Also excluded from the scope of this 

investigation are thumb tacks, which are 

currently classified under HTSUS 

subheading 7317.00.1000. 

Also excluded from the scope are 

decorative or upholstery tacks. 

Certain steel nails subject to this 

investigation are currently classified under 

HTSUS subheadings 7317.00.5501, 

7317.00.5502, 7317.00.5503, 7317.00.5505, 

7317.00.5507, 7317.00.5508, 7317.00.5511, 

7317.00.5518, 7317.00.5519, 7317.00.5520, 

7317.00.5530, 7317.00.5540, 7317.00.5550, 

7317.00.5560, 7317.00.5570, 7317.00.5580, 

7317.00.5590, 7317.00.6530, 7317.00.6560 

and 7317.00.7500. Certain steel nails subject 

to this investigation also may be classified 

under HTSUS subheadings 7318.15.5090, 

7907.00.6000, 8206.00.0000, or other HTSUS 

subheadings. While the HTSUS subheadings 

are provided for convenience and customs 

purposes, the written description of the 

scope of this investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Subsidies Valuation 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2022–12190 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–039] 

Certain Amorphous Silica Fabric From 

the People’s Republic of China: Final 

Results of the Expedited First Sunset 

Review of the Countervailing Duty 

Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) finds that 


jspears on DSK121TN23PROD with NOTICES1