89 FR 249 pgs. 106423-106424 - Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2022-2023
Type: NOTICEVolume: 89Number: 249Pages: 106423 - 106424
Pages: 106423, 106424Docket number: [A-520-804]
FR document: [FR Doc. 2024-31081 Filed 12-27-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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; 2022-2023
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 not made at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023.
DATES:
Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Olivia Woolverton or Brittany Bauer, 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) 482-7452 or (202) 482-3860, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2024, Commerce published the Preliminary Results and invited interested parties to comment. 1 This review covers two respondents: Master Nails and Pins Manufacturing, LLC/Middle East Manufacturing Steel LLC (collectively, Master) and Rich Well Steel Industries LLC (Rich Well).
Footnotes:
1 ? See Certain Steel Nails from the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review, and Partial Recission; 2022-2023, 89 FR 49150 (June 11, 2024) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum.
On July 11, 2024, the petitioner? 2 submitted two case briefs (one for issues related to Master and another for issues related to Rich Well), 3 and on July 23, 2024, Master? 4 and Rich Well? 5 submitted rebuttal briefs. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 6 On September 27, 2024, we extended the deadline for these final results to December 13, 2024. 7 Additionally, on December 9, 2024, Commerce tolled the deadline to issue the final results in this administrative review by 90 days. 8 Accordingly, the deadline for these final results is now March 13, 2025. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 9 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Footnotes:
2 ?The petitioner is Mid Continent Steel & Wire, Inc.
3 ? See Petitioner's Letters, "Case Brief {Master}," and "Case Brief {Richwell}," both dated July 11, 2024.
4 ? See Master's Letter, "Rebuttal Brief of Master," dated July 23, 2024.
5 ? See Rich Well's Letter, "Rich Well Steel Industries LLC Rebuttal to the Petitioner's Case Brief," dated July 23, 2024.
6 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
7 ? See Memorandum, "Extension of Deadline for Final Results of Antidumping Duty Administrative Review," dated September 27, 2024.
8 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.
9 ? See Memorandum, "Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Certain Steel Nails from the United Arab Emirates; 2022-2023," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Order? 10
Footnotes:
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 ).
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
[top] 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
Changes Since the Preliminary Results
Based on our review of the record and comments received from interested parties, we have made changes to the Preliminary Results margin calculation for Master. 11 However, Master's margin remains unchanged from the Preliminary Results.
Footnotes:
11 ? See Issues and Decision Memorandum at Comment 3.
Final Results of Review
Commerce determines that the following estimated weighted-average dumping margins exist for the period May 1, 2022, through April 30, 2023:
| Exporter/producer | Weighted average dumping margin (percent) |
|---|---|
| Master Nails and Pins Manufacturing, LLC/Middle East Manufacturing Steel, LLC | 0.00 |
| Rich Well Steel Industries LLC | 0.00 |
Disclosure
Commerce intends to disclose the calculations performed in connection with these final results of review (with respect to Master's revised dumping margin calculation) 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
Consistent with section 751(a)(2) of the Act and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by an administrative review. Because the weighted-average dumping margins for Master and Rich Well are zero, 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
Footnotes:
12 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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 less-than-fair-value 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.
Footnotes:
13 ? See Order, 77 FR at 27422.
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 during this review period. 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 19, 2024.
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 Commerce Should Apply Adverse Facts Available (AFA) with Respect to Master's General and Administrative (G&A) and Interest Expense Ratios
Comment 2: Whether Commerce Should Adjust Master's G&A Expenses
Comment 3: Whether Commerce Should Correct a Ministerial Error in Master's Margin Calculation
Comment 4: Whether Commerce Should Apply AFA to Rich Well Due to its Cost Reporting
VI. Recommendation
[FR Doc. 2024-31081 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P