2022-12213. 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: [phone] or [phone], 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, Commerce extended the deadline for the preliminary results of this administrative review by 120 days, until May 31, 2022.^[4]

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.

Scope of the Order ^[6]

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}.” 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:

Producer/exporter	Weighted- average dumping margin (percent)
Middle East Manufacturing Steel LLC/Master Nails and Pins Manufacturing, LLC	3.65
Review-Specific Rate Applicable to the Following Companies
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 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 all-others 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 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.

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

Footnotes

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.

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).

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.   See 19 CFR 351.212(b)(1).

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

9.  For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

10.   See Order.

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.