Barcode : 4326250-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
Parties have cited various cases in their case and rebuttal briefs in arguing whether or not Commerce should revise the non-selected companies ’ rate . However , Commerce ’ s evaluation of whether a margin is reasonably reflective is a case-specific analysis . We disagree with the petitioner that the short history of this Order or that this review has multiple respondents somehow distinguishes this record from previous instances where Commerce has deviated from the expected method because we found the expected method to not be reasonably reflective . In this instant case , we reviewed the Order history and determined that the facts lead to the conclusion that the expected method is not reasonably reflective of potential dumping margins for non-investigated exporters or producers .
In determining a reasonable methodology for calculating a rate for the non-selected companies , Commerce relied on guidance from the SAA and from the CAFC in Albemarle . Similar to Nails from Oman Final Results , we find that the most reasonable approach in assigning a rate to the non-selected companies in this instance is to pull forward the all-others rate calculated in the underlying investigation . 251 While Commerce ’ s preference continues to be that we will use contemporaneous information where possible , in this instance , the expected method is not reasonably reflective of the potential dumping margins of the non-selected companies , and pulling forward the all-others rate from the investigation is a reasonable method to determine the rate for the non-examined respondents . The all-others rate from the investigation is an average of individually calculated rates from two respondents , and follows the general rule , which excludes margins that are zero or de minimis and margins determined entirely on the basis of facts available . Therefore , we are assigning the dumping margin of 3.19 percent to the nonselected companies subject to this administrative review , which is the all-others rate from the underlying investigation . 252
As a result of this change from the Preliminary Results , many arguments made by parties on this issue are moot .
Comment 6 : Changes to Preliminary Draft Customs Instructions
DSG et al .’ s Case Brief 253 � For the final liquidation instructions , Commerce should ensure that CBP is instructed to disregard any differences between the provisional duties and the final duty rate , as established under 19 CFR 351.212 ( d ).
� The draft cash deposit instructions use the phrase “ cash deposit rate ” in some instances and , in other cases , use the phrase “ final rate .” Commerce should ensure that the final instructions employ consistent language throughout .
No other interested party commented on this issue .
251
See Certain Steel Nails from the Sultanate of Oman : Final Results of Antidumping Duty Administrative Review ; 2020-2021 , 87 FR 78639 ( December 22 , 2022 ) ( Nails from Oman Final Results ).
252
See Final Determination , 85 FR at 25392 .
253
See DSG Et Al .’ s Case Brief at 37-39 .
55 Filed By : David Lindgren , Filed Date : 1 / 3 / 23 1:27 PM , Submission Status : Approved