[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78396-78398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30541]


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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; 2011-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 24, 2014, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain steel nails from the United Arab 
Emirates (UAE). The period of review (POR) is November 3, 2011, through 
April 30, 2013. The review covers two producers/exporters of the 
subject merchandise, Dubai Wire FZE (Dubai Wire) and Precision 
Fasteners, L.L.C. (Precision). For these final results, we continue to 
find subject merchandise has been sold in the United States at less 
than normal value.

DATES: Effective Date: December 30, 2014.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Michael Romani, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683 or (202) 482-0198, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 24, 2014, the Department published the preliminary results 
of the administrative review of the antidumping duty order on certain 
steel nails from the United Arab Emirates.\1\ On September 30, 2014, we 
extended the due date for the final results to December 22, 2014.\2\ On 
October 16, 2014, we issued a post-preliminary analysis finding that: 
(i) Dubai Wire's affiliated \3\ importer, Itochu Building Products 
Inc., and affiliated \4\ distributor, PrimeSource Building Products 
Inc., (collectively, IBP) employed an acceptable constructed export 
price (CEP) sales reporting methodology; (ii) certain submissions by 
Dubai Wire accompanied by certifications signed by a representative of 
IBP meet the requirements of 19 CFR 351.303(g); (iii) it was 
appropriate to rely on facts available without an

[[Page 78397]]

adverse inference with respect to certain reported CEP sales data; and 
(iv) using the revised export price (EP) and CEP databases, we 
recalculated Dubai Wire's margin.\5\
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    \1\ See Certain Steel Nails From the United Arab Emirates: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2013, 79 FR 35721 (June 24, 2014) (Preliminary Results).
    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
``Certain Steel Nails from the United Arab Emirates: Extension of 
Time Limit for Final Results of Antidumping Duty Administrative 
Review; 2011-2013'' dated September 30, 2014.
    \3\ For details on our affiliation determination, see Memorandum 
to Thomas Gilgunn, Office Director, AD/CVD Operations, Office I, 
``Certain Steel Nails from the United Arab Emirates--Affiliation 
Memorandum for Dubai Wire FZE'' dated May 28, 2014.
    \4\ Id.
    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance ``Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from the United Arab 
Emirates--Post-Preliminary Results Analysis Memorandum; 2011-2013'' 
dated October 16, 2014 (Post-Preliminary Results).
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    We invited interested parties to comment on the Preliminary Results 
and Post-Preliminary Results. We received case briefs from Mid 
Continent Steel & Wire, Inc. (the petitioner), and IBP on October 31, 
2014, concerning Dubai Wire. These parties submitted rebuttal comments 
on November 5, 2014. We received no case or rebuttal briefs concerning 
Precision. A hearing was requested by IBP, but that request was later 
withdrawn.
    The Department conducted this administrative review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the Order \6\ is certain steel nails 
from the UAE. The products are currently classifiable under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7317.00.55, 7317.00.65, and 7317.00.75. The HTSUS numbers are provided 
for convenience and customs purposes. The written description of the 
scope of the order is dispositive.\7\
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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).
    \7\ For a full description of the scope of the order, See the 
memorandum from Deputy Assistant Secretary Christian Marsh to 
Assistant Secretary Paul Piquado entitled ``Certain Steel Nails from 
the United Arab Emirates: Issues and Decision Memorandum for Final 
Results of Antidumping Duty Administrative Review; 2011-2013'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues which parties have raised and to which 
we have responded is in the Issues and Decision Memorandum and attached 
to this notice as an Appendix. 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 and it is available to all parties in the 
Central Records Unit (CRU), room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
revisions to the weighted-average dumping margin calculation for Dubai 
Wire, which we included in the Post-Preliminary Results, where 
applicable. A detailed discussion of each change made is in the 
company-specific analysis memorandum dated concurrently with this 
notice, which is on file electronically via ACCESS and in the CRU of 
the main Commerce building.\8\ No changes have been made with respect 
to our determination for Precision.
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    \8\ See the company-specific final analysis memorandum for Dubai 
Wire dated concurrently with this notice.
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Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for the period November 3, 2011, through April 30, 2013:

------------------------------------------------------------------------
                                                            Weighted-
                        Company                          average dumping
                                                        margin (percent)
------------------------------------------------------------------------
Dubai Wire FZE........................................             18.13
Precision Fasteners, L.L.C............................            184.41
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. In accordance with 19 CFR 
351.212(b)(1), for Dubai Wire, we calculated an importer- (or customer-
) specific assessment rate on the basis of the ratio of the total 
amount of antidumping duties calculated for an importer's examined 
sales and the total entered value of such sales. We have continued to 
rely on adverse facts available to establish Precision's weighted-
average dumping margin in these final results, and therefore, we will 
instruct CBP to apply an ad valorem assessment rate of 184.41 percent 
to all entries of subject merchandise during the POR which were 
produced and/or exported by Precision. We will instruct CBP to take 
into account the ``provisional measures cap'' in accordance with 19 CFR 
351.212(d).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\9\ This clarification will apply to entries of subject 
merchandise during the POR produced by Dubai Wire for which it did not 
know its merchandise 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.
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    \9\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of certain steel nails from the UAE entered, or withdrawn 
from warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
Dubai Wire and Precision will be the rates 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 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the manufacturer of the merchandise for the 
most recently completed segment of this proceeding; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 4.30 percent.\10\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ The all-others rate established in the Order.
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Notifications

    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 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 doubled antidumping duties.

[[Page 78398]]

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or the 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.
    The final results of this administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: December 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Facts Available
V. Discussion of the Issues
Comment 1: Dubai Wire Affiliation
Comment 2: Non-Dubai Wire Company Certifications
Comment 3: Dubai Wire Third-Country Market Viability
Comment 4: IBP's Data Reporting Methodology
Comment 5: Commissions in the United States
Comment 6: Freight Revenue Cap
Comment 7: Quantity Adjustments
VI. Recommendation

[FR Doc. 2014-30541 Filed 12-29-14; 8:45 am]
BILLING CODE 3510-DS-P