Steel Threaded Rod From India and Thailand: Initiation of Antidumping Duty Investigations, 44526-44531 [2013-17794]

Share |
Download as PDF 44526 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices sroberts on DSK5SPTVN1PROD with NOTICES case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2). Pursuant to 19 CFR 351.310(c), interested parties, who wish to request a hearing, or to participate in a hearing if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, filed electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.3 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 issues raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. The Department 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. Assessment Rates Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review.4 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. The Department intends to instruct CBP to liquidate entries of subject merchandise from Baosteel and Shanghai Pudong at the PRC-wide rate of 128.59 percent. Additionally, pursuant to a recently announced refinement to its assessment practice in NME cases, if the Department continues to determine that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate. For a full 3 See 4 See discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). Dated: July 15, 2013. Paul Piquado, Assistant Secretary for Import Administration. Cash Deposit Requirements List of Topics Discussed in the Preliminary Results Decision Memorandum 1. Preliminary Determination of No Shipments for Hunan Valin 2. Treatment of Baosteel and Shanghai Pudong 3. Separate Rates The following cash deposit requirements will be effective upon publication of the final results of this administrative review 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 review, as provided by section 751(a)(2)(C) of the Act: (1) For Hunan Valin, which had no shipments, the cash deposit rate will remain unchanged from the rate assigned to this company in the most recently completed review of the company; (2) for previously investigated or reviewed PRC and non-PRC exporters who are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Baosteel and Shanghai Pudong, the cash deposit rate will be the PRC-wide rate of 128.59 percent; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. 19 CFR 351.310(c). 19 CFR 351.212(b)(1). VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Appendix [FR Doc. 2013–17796 Filed 7–23–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–855, A–549–831] Steel Threaded Rod From India and Thailand: Initiation of Antidumping Duty Investigations Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: July 24, 2013. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Paul Stolz (India); Raquel Silva or Joy Zhang (Thailand) at (202) 482–4243, (202) 482–4474, (202) 482–6475, or (202) 482–1168, respectively, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On June 27, 2013, the Department of Commerce (the ‘‘Department’’) received antidumping duty (‘‘AD’’) petitions concerning imports of steel threaded rod from India and Thailand filed in proper form on behalf of All America Threaded Products Inc.; Bay Standard Manufacturing Inc.; and Vulcan Threaded Products Inc. (‘‘Vulcan’’) (collectively, ‘‘Petitioners’’).1 Petitioners are domestic producers of steel threaded rod. On July 2 and 3, 2013, the Department requested additional information and clarification of certain areas of the Petitions.2 Petitioners filed 1 See Petitions for the Imposition of Antidumping Duties on Steel Threaded Rod from India and Thailand and the Imposition of Countervailing Duties on Steel Threaded Rod from India, dated June 27, 2013 (‘‘the Petitions’’). 2 See letters from the Department, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Steel Threaded Rod from India: Supplemental Questions,’’ dated July 2, 2012; ‘‘Petitions for the Imposition of Antidumping Duties on Imports of E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices responses to these requests on July 8 and 9, 2013.3 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the ‘‘Act’’), Petitioners allege that imports of steel threaded rod from India and Thailand are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to Petitioners supporting their allegations. The Department finds that Petitioners filed these Petitions on behalf of the domestic industry because Petitioners are interested parties as defined in section 771(9)(C) of the Act. The Department also finds that Petitioners have demonstrated sufficient industry support with respect to the initiation of the AD investigations that Petitioners are requesting. See the ‘‘Determination of Industry Support for the Petitions’’ section below. Period of Investigation Because the Petitions were filed on June 27, 2013, the period of investigation (‘‘POI’’) for the India and Thailand investigations is April 1, 2012, through March 31, 2013.4 Scope of the Investigations The product covered by these investigations is steel threaded rod from India and Thailand. For a full description of the scope of the investigations, see the ‘‘Scope of the Investigations,’’ in the Appendix of this notice. sroberts on DSK5SPTVN1PROD with NOTICES Comments on Scope of Investigations During our review of the Petitions, we discussed the scope with Petitioners to ensure that it is an accurate reflection of Steel Threaded Rod from Thailand and India and Countervailing Duties on Imports of Steel Threaded Rod from India: Supplemental Questions,’’ dated July 2, 2013; and, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Steel Threaded Rod from Thailand: Supplemental Questionnaire,’’ July 3, 2013. 3 See Antidumping Investigation of Steel Threaded Rod from Thailand and Antidumping and Countervailing Duty Investigations of Steel Threaded Rod from India—Petitioners’ Response to Supplemental Questions (Volume I: General Issues and Injury Information), dated July 8, 2013 (‘‘General Issues Supplement’’), Antidumping Investigation of Steel Threaded Rod from India— Petitioners’ Response to Supplemental Questions (Volume III: Antidumping—India), dated July 8, 2013, and Antidumping Investigation of Steel Threaded Rod from Thailand—Petitioners’ Response to Supplemental Questions (Volume II: Antidumping—Thailand), dated July 9, 2013. 4 See 19 CFR 351.204(b)(1). VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 the product for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the regulations,5 we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments by 5:00 p.m. Eastern Daylight Time on Tuesday, August 6, 2013, which is 20 calendar days from the signature date of this notice. All comments must be filed on the record of both the India and the Thailand AD investigations. All comments and submissions to the Department must be filed electronically using Import Administration’s Antidumping Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’).6 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by the time and date noted above. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Import Administration’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the deadline noted above. The period of scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. Comments on Product Characteristics for Antidumping Questionnaires The Department requests comments from interested parties regarding the appropriate physical characteristics of steel threaded rod to be reported in response to the Department’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors and costs of production accurately as well as to develop appropriate product-comparison criteria. 5 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011) for details of the Department’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using IA ACCESS can be found at https:// iaaccess.trade.gov/help.aspx and a handbook can be found at https://iaaccess.trade.gov/help/ Handbook%20on%20Electronic%20Filling%20 Procedures.pdf. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 44527 Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics and (2) productcomparison criteria. We note that it is not always appropriate to use all product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful commercial differences among products. In other words, while there may be some physical product characteristics utilized by manufacturers to describe steel threaded rod, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, the Department attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, we must receive comments on product characteristics by August 16, 2013. Rebuttal comments must be received by August 26, 2013. All comments and submissions to the Department must be filed electronically using IA ACCESS, as referenced above. Determination of Industry Support for the Petitions Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the industry. E:\FR\FM\24JYN1.SGM 24JYN1 44528 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (‘‘ITC’’), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,7 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.8 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, Petitioners do not offer a definition of domestic like product distinct from the scope of the investigations. Based on our analysis of the information submitted on the record, we have determined that steel threaded rod constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.9 In determining whether Petitioners have standing under section 7 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 9 See Antidumping Duty Investigation Initiation Checklist: Steel Threaded Rod from India (‘‘India AD Initiation Checklist’’), at Attachment II, Analysis of Industry Support for the Petitions Covering Steel Threaded Rod from India and Thailand (‘‘Attachment II’’) and Antidumping Duty Investigation Initiation Checklist: Steel Threaded Rod from Thailand (‘‘Thailand AD Initiation Checklist’’), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via IA ACCESS. Access to documents filed via IA ACCESS is also available in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building. sroberts on DSK5SPTVN1PROD with NOTICES 8 See VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of Investigations’’ section above. To establish industry support, Petitioners provided their production of the domestic like product in 2012, and compared this to the estimated total production of the domestic like product for the entire domestic industry.10 Petitioners estimated 2012 production of the domestic like product by nonpetitioning companies based on their knowledge of the industry. We have relied upon data Petitioners provided for purposes of measuring industry support.11 Based on information provided in the Petitions, supplemental submissions, and other information readily available to the Department, we determine that Petitioners have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.12 Based on information provided in the Petitions and other submissions, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions. Accordingly, the Department determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.13 The Department finds that Petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and they have demonstrated sufficient industry support as required under section 732(c)(4)(A), with respect to the AD investigations that they are requesting the Department initiate.14 Allegations and Evidence of Material Injury and Causation Petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is 10 See Volume I of the Petitions, at I–4 through I–6, and Exhibit I–1. 11 See India AD Initiation Checklist and Thailand AD Initiation Checklist, at Attachment II. 12 Id. 13 Id. 14 Id. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (‘‘NV’’). In addition, Petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.15 Petitioners contend that the industry’s injured condition is illustrated by reduced market share; increased import penetration; underselling and price depression or suppression; lost sales and revenues; low capacity utilization; stagnant employment-related variables; and decline in financial performance.16 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.17 Allegations of Sales at Less Than Fair Value The following is a description of the allegations of sales at less-than-fairvalue upon which the Department based its decision to initiate investigations of imports of steel threaded rod from India and Thailand. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the India AD Initiation Checklist and the Thailand AD Initiation Checklist. Export Price India Petitioners calculated export price (‘‘EP’’) based on lost U.S. sales and offers for sale for major types of steel threaded rod for delivery to the U.S. customer during the POI. To derive the ex-factory price, Petitioners made deductions to U.S. price for domestic brokerage and handling, international freight, distributor markup, and discounts/rebates, as appropriate, based on the stated sales and delivery terms.18 Petitioners estimated international freight and distributor markups based on their knowledge and experience. Petitioners calculated domestic brokerage and handling using 2012 average charges (inclusive of document fees, terminal handling and port 15 See Volume I of the Petitions, at I–15 and I– 16 and Exhibit I–7. 16 Id., at I–15 through I–29 and Exhibits I–5 through I–7 and I–10 through I–16; see also General Issues Supplement, at (Supp I)–4 through (Supp I)– 7 and Attachments (Supp I)–6 through (Supp I)–10. 17 See India AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Petitions Covering Steel Threaded Rod from India and Thailand (‘‘Attachment III’’); see also Thailand AD Initiation Checklist, at Attachment III. 18 See India AD Initiation Checklist. E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices charges, and customs clearance charges) for exports from India, as published in Doing Business in India by the World Bank. Petitioners calculated discounts/ rebates based on the terms of an offer for sale. Thailand Petitioners calculated EP based on lost U.S. sales and offers for sale for major types of steel threaded rod for delivery to the U.S. customer during the POI. Based on the stated sales and delivery terms, Petitioners deducted from the U.S. price domestic brokerage and handling, international freight, U.S. inland freight, and distributor mark-up, where appropriate.19 Petitioners estimated international freight and U.S. inland freight based on their own knowledge and experience regarding shipments of full containers from Thailand to the West Coast and from a West Coast port to the buyer’s location. Petitioners calculated domestic brokerage and handling using 2012 average charges (inclusive of document fees, terminal handling and port charges, and customs clearance charges) for exports from Thailand, as published in Doing Business in Thailand by the World Bank. Petitioners estimated distributor mark-up based on their knowledge and experience. Normal Value sroberts on DSK5SPTVN1PROD with NOTICES India Petitioners provided home market prices for steel threaded rod in India. These prices were adjusted to exclude distributor mark-up, where appropriate.20 Sales-Below-Cost Allegation Petitioners provided information demonstrating reasonable grounds to believe or suspect that sales of steel threaded rod in the Indian market were made at prices below the fully-absorbed cost of production (‘‘COP’’), within the meaning of section 773(b) of the Act, and requested that the Department conduct a country-wide sales-belowcost investigation. The Statement of Administrative Action (‘‘SAA’’) accompanying the Uruguay Round Agreements Act states that an allegation of sales below COP need not be specific to individual exporters or producers.21 The SAA states that ‘‘Commerce will consider allegations of below-cost sales in the aggregate for a foreign country, just as Commerce currently considers allegations of sales at less than fair value on a country-wide basis for purposes of initiating an antidumping investigation.’’ 22 Further, the SAA provides that section 773(b)(2)(A) of the Act retains the requirement that the Department have ‘‘reasonable grounds to believe or suspect’’ that below-cost sales have occurred before initiating such an investigation. Reasonable grounds exist when an interested party provides specific factual information on costs and prices, observed or constructed, indicating that sales in the foreign market in question are at below-cost prices.23 Cost of Production Pursuant to section 773(b)(3) of the Act, COP consists of the cost of manufacturing (‘‘COM’’); selling, general and administrative (‘‘SG&A’’) expenses; financial expenses; and packing expenses. Petitioners calculated COM (except factory overhead) and packing expenses based on the input quantities of Vulcan’s Pelham facility adjusted for known differences, during the anticipated POI, multiplied by the value of the inputs used to manufacture threaded rod in India using publiclyavailable data. Petitioners used their actual tolling costs of zinc coating and hot-dip galvanization because Petitioners did not perform these processes in-house. To determine factory overhead, SG&A, and financial expense rates, Petitioners relied on the fiscal year (‘‘FY’’) ended March 31, 2013 financial statements of an Indian producer of comparable merchandise.24 Based upon a comparison of the prices of the foreign like product in the home market to the calculated COP of the most comparable product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is initiating a country-wide cost investigation. Normal Value Based on Constructed Value (‘‘CV’’) Because they alleged sales below cost, pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, Petitioners calculated NV based on CV. Petitioners calculated CV using the same average COM, SG&A, financial expense, and packing figures used to compute the COP. Petitioners relied on the same FY ended March 31, 2013, audited unconsolidated financial statements used as the basis for the factory overhead, SG&A, and financial expense rates to calculate the profit rate.25 Thailand Petitioners based NV on CV, as neither a home market nor a thirdcountry price was reasonably available. Pursuant to section 773(e) of the Act, CV consists of the COM; SG&A expenses; financial expenses; packing expenses; and profit. Petitioners calculated COM (except factory overhead) and packing expenses based on the input quantities of Vulcan’s Pelham facility adjusted for known differences, during the anticipated POI, multiplied by the value of the inputs used to manufacture threaded rod in Thailand using publicly-available data. Petitioners used their actual tolling costs of zinc coating and hot-dip galvanization because Petitioners did not perform these processes in-house. To determine factory overhead, SG&A, and financial expense rates, Petitioners relied on the FY ended December 31, 2011 financial statements of a Thai producer of comparable merchandise. Petitioners relied on the same FY ended December 31, 2011 financial statements used as the basis for the factory overhead, SG&A, and financial expense rates to calculate the profit rate.26 Fair Value Comparisons Based on the data provided by Petitioners, there is reason to believe that imports of threaded rod from India and Thailand are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of EP to CV in accordance with section 773(a)(4) of the Act, the estimated dumping margins for threaded rod from India and Thailand range from from 17.93–119.87 percent,27 and 63.16– 74.90 percent,28 respectively. Initiation of Antidumping Investigations Based upon the examination of the Petitions on steel threaded rod from India and Thailand, we find that the Petitions meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to determine whether imports of steel threaded rod from India and Thailand are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), 25 See 19 See Thailand AD Initiation Checklist. 20 See India AD Initiation Checklist. 21 See SAA, H.R. Doc. No. 103–316 at 833 (1994). VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 PO 00000 22 Id. 24 See India AD Initiation Checklist. Thailand AD Initiation Checklist. 27 See India AD Initiation Checklist. 28 See Thailand AD Initiation Checklist. 26 See 23 Id. India AD Initiation Checklist. Frm 00011 Fmt 4703 Sfmt 4703 44529 E:\FR\FM\24JYN1.SGM 24JYN1 44530 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation. Respondent Selection Following standard practice in AD investigations involving market economy countries, in the event the Department determines that the number of known exporters or producers for this investigation is large, the Department may select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports of threaded rod from India or Thailand under Harmonized Tariff Schedule of the United States subheadings 7318.15.5051, 7318.15.5056, 7318.15.5090 and 7318.15.2095. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties with access to information protected by APO within five days of publication of this Federal Register notice. The Petitions identified 69 producers and/or exporters of steel threaded rod in India,29 and 18 producers and/or exporters of steel threaded rod in Thailand.30 We intend to make our decision regarding respondent selection within 20 days of publication of this notice. The Department invites comments regarding the CBP data and respondent selection within seven days of publication of this Federal Register notice for India and Thailand. Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the Governments of India and Thailand via IA ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 732(d) of the Act. sroberts on DSK5SPTVN1PROD with NOTICES Preliminary Determinations by the ITC The ITC will preliminarily determine no later than August 12, 2013, whether there is a reasonable indication that imports of steel threaded rod from India and Thailand are materially injuring or threatening material injury to a U.S. industry. A negative ITC determination 29 See 30 Id., Volume I of the Petitions at Exhibit I–5. at Exhibit I–6. VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 for any country will result in the investigation being terminated with respect to that country; otherwise, these investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to AD and countervailing duty (‘‘CVD’’) proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to these investigations. Please review the final rule, available at http://ia.ita.doc.gov/ frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these investigations. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.31 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any AD or CVD proceedings initiated on or after March 14, 2011.32 The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments initiated on or after March 14, 2011, if the submitting party does not comply with the revised certification requirements. This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.203(c). Dated: July 17, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix Scope of the Investigations The merchandise covered by these investigations is steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon quality steel, having a solid, circular cross section, of any diameter, in any straight length, that have been forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished, and into which threaded grooves have been applied. In addition, the steel threaded rod, bar, or studs subject to these investigations are nonheaded and threaded along greater than 25 percent of their total length. A variety of finishes or coatings, such as plain oil finish as a temporary rust protectant, zinc coating (i.e., galvanized, whether by electroplating or hot-dipping), paint, and other similar finishes and coatings, may be applied to the merchandise. Included in the scope of these investigations are steel threaded rod, bar, or studs, in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: • 1.80 percent of manganese, or • 1.50 percent of silicon, or 31 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’) amending 19 CFR 351.303(g)(1) & (2) and supplemented by Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). 32 See E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices • • • • • • • • • • • • • 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.012 percent of boron, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent of zirconium. Steel threaded rod is currently classifiable under subheadings 7318.15.5051, 7318.15.5056, 7318.15.5090 and 7318.15.2095 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Excluded from the scope of these investigations are: (a) Threaded rod, bar, or studs which are threaded only on one or both ends and the threading covers 25 percent or less of the total length; and (b) threaded rod, bar, or studs made to American Society for Testing and Materials (‘‘ASTM’’) A193 Grade B7, ASTM A193 Grade B7M, ASTM A193 Grade B16, and ASTM A320 Grade L7. [FR Doc. 2013–17794 Filed 7–23–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Corporation for Travel Promotion (dba Brand USA) International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an opportunity for travel and tourism industry leaders to apply for membership on the Board of Directors of the Corporation for Travel Promotion. AGENCY: The Department of Commerce is currently seeking applications from travel and tourism leaders from specific industries for membership on the Board of Directors (Board) of the Corporation for Travel Promotion (dba Brand USA). The purpose of the Board is to guide the Corporation for Travel Promotion on matters relating to the promotion of the U.S. travel and tourism industry, among other tasks. ADDRESSES: Electronic applications may be sent to: CTPBoard@trade.gov. Written applications can be submitted Isabel Hill, Director, Office of Travel and Tourism Industries, U.S. Department of Commerce, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230. Telephone: 202.482.5120. Email: Isabel.Hill@trade.gov. sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 All applications must be received by the Office of Advisory Committees by close of business on August 9, 2013. FOR FURTHER INFORMATION CONTACT: Julie Heizer, Deputy Director, Office of Travel and Tourism Industries, Room 10003, 1401 Constitution Avenue NW., Washington, DC 20230. Telephone: 202.482.4904. Email: julie.heizer@trade.gov. DATES: SUPPLEMENTARY INFORMATION: Background: The Travel Promotion Act of 2009 (TPA) was signed into law by President Obama on March 4, 2010. The TPA established the Corporation for Travel Promotion (the Corporation), as a non-profit corporation charged with the development and execution of a plan to (A) provide useful information to those interested in traveling to the United States; (B) identify and address perceptions regarding U.S. entry policies; (C) maximize economic and diplomatic benefits of travel to the United States through the use of various promotional tools; (D) ensure that international travel benefits all States and the District of Columbia, and (E) identify opportunities to promote tourism to rural and urban areas equally, including areas not traditionally visited by international travelers. The Corporation is governed by a board of directors, consisting of 11 members with knowledge of international travel promotion and marketing, broadly representing various regions of the United States. The TPA directs the Secretary of Commerce (after consultation with the Secretary of Homeland Security and the Secretary of State) to appoint the board of directors for the Corporation. At this time, the Department will be selecting four individuals with the appropriate expertise and experience from specific sectors of the travel and tourism industry to serve on the Board as follows: (A) 1 shall have appropriate expertise and experience in the attractions or recreations sector; (B) 1 shall have appropriate expertise and experience in the passenger air sector; (C) 1 shall have appropriate expertise and experience in immigration law and policy, including visa requirements and United States entry procedures; and (D) 1 shall have appropriate expertise in the inter-city passenger railroad business. To be eligible for Board membership, one must have international travel and tourism marketing experience and must also be a U.S. citizen. In addition, PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 44531 individuals cannot be federally registered lobbyists or registered as a foreign agent under the Foreign Agents Registration Act of 1938, as amended. Those selected for the Board must be able to meet the time and effort commitments of the Board. Priority may be given to individuals with experience as a Chief Executive Officer or President (or comparable level of responsibility) of an organization or entity in the travel and tourism sector in the United States. Board members serve at the discretion of the Secretary of Commerce (who may remove any member of the Board for good cause). The terms of office of each member of the Board appointed by the Secretary shall be 3 years. Board members can serve a maximum of two consecutive full three-year terms. Board members are not considered Federal government employees by virtue of their service as a member of the Board and will receive no compensation from the Federal government for their participation in Board activities. Members participating in Board meetings and events will be paid actual travel expenses and per diem when away from their usual places of residence. To be considered for membership, please provide the following: 1. Name, title, and personal resume of the individual requesting consideration; and 2. A brief statement of why the person should be considered for membership on the Board. This statement should also address the individual’s relevant international travel and tourism marketing experience and indicate clearly the sector or sectors enumerated above in which the individual has the requisite expertise and experience. Individuals who have the requisite expertise and experience in more than one sector can be appointed for only one of those sectors. Appointments of members to the Board will be made by the Secretary of Commerce. Dated: July 17, 2013. Isabel Hill, Director, Office of Travel and Tourism Industries. [FR Doc. 2013–17791 Filed 7–19–13; 4:15 pm] BILLING CODE 3510–DR–P E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44526-44531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17794]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-855, A-549-831]


Steel Threaded Rod From India and Thailand: Initiation of 
Antidumping Duty Investigations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: July 24, 2013.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Paul Stolz (India); 
Raquel Silva or Joy Zhang (Thailand) at (202) 482-4243, (202) 482-4474, 
(202) 482-6475, or (202) 482-1168, respectively, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On June 27, 2013, the Department of Commerce (the ``Department'') 
received antidumping duty (``AD'') petitions concerning imports of 
steel threaded rod from India and Thailand filed in proper form on 
behalf of All America Threaded Products Inc.; Bay Standard 
Manufacturing Inc.; and Vulcan Threaded Products Inc. (``Vulcan'') 
(collectively, ``Petitioners'').\1\ Petitioners are domestic producers 
of steel threaded rod. On July 2 and 3, 2013, the Department requested 
additional information and clarification of certain areas of the 
Petitions.\2\ Petitioners filed

[[Page 44527]]

responses to these requests on July 8 and 9, 2013.\3\
---------------------------------------------------------------------------

    \1\ See Petitions for the Imposition of Antidumping Duties on 
Steel Threaded Rod from India and Thailand and the Imposition of 
Countervailing Duties on Steel Threaded Rod from India, dated June 
27, 2013 (``the Petitions'').
    \2\ See letters from the Department, ``Petition for the 
Imposition of Antidumping Duties on Imports of Steel Threaded Rod 
from India: Supplemental Questions,'' dated July 2, 2012; 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Steel Threaded Rod from Thailand and India and Countervailing Duties 
on Imports of Steel Threaded Rod from India: Supplemental 
Questions,'' dated July 2, 2013; and, ``Petition for the Imposition 
of Antidumping Duties on Imports of Steel Threaded Rod from 
Thailand: Supplemental Questionnaire,'' July 3, 2013.
    \3\ See Antidumping Investigation of Steel Threaded Rod from 
Thailand and Antidumping and Countervailing Duty Investigations of 
Steel Threaded Rod from India--Petitioners' Response to Supplemental 
Questions (Volume I: General Issues and Injury Information), dated 
July 8, 2013 (``General Issues Supplement''), Antidumping 
Investigation of Steel Threaded Rod from India--Petitioners' 
Response to Supplemental Questions (Volume III: Antidumping--India), 
dated July 8, 2013, and Antidumping Investigation of Steel Threaded 
Rod from Thailand--Petitioners' Response to Supplemental Questions 
(Volume II: Antidumping--Thailand), dated July 9, 2013.
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the ``Act''), Petitioners allege that imports of steel 
threaded rod from India and Thailand are being, or are likely to be, 
sold in the United States at less than fair value within the meaning of 
section 731 of the Act and that such imports are materially injuring, 
or threatening material injury to, an industry in the United States. 
Also, consistent with section 732(b)(1) of the Act, the Petitions are 
accompanied by information reasonably available to Petitioners 
supporting their allegations.
    The Department finds that Petitioners filed these Petitions on 
behalf of the domestic industry because Petitioners are interested 
parties as defined in section 771(9)(C) of the Act. The Department also 
finds that Petitioners have demonstrated sufficient industry support 
with respect to the initiation of the AD investigations that 
Petitioners are requesting. See the ``Determination of Industry Support 
for the Petitions'' section below.

Period of Investigation

    Because the Petitions were filed on June 27, 2013, the period of 
investigation (``POI'') for the India and Thailand investigations is 
April 1, 2012, through March 31, 2013.\4\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Scope of the Investigations

    The product covered by these investigations is steel threaded rod 
from India and Thailand. For a full description of the scope of the 
investigations, see the ``Scope of the Investigations,'' in the 
Appendix of this notice.

Comments on Scope of Investigations

    During our review of the Petitions, we discussed the scope with 
Petitioners to ensure that it is an accurate reflection of the product 
for which the domestic industry is seeking relief. Moreover, as 
discussed in the preamble to the regulations,\5\ we are setting aside a 
period for interested parties to raise issues regarding product 
coverage. The Department encourages all interested parties to submit 
such comments by 5:00 p.m. Eastern Daylight Time on Tuesday, August 6, 
2013, which is 20 calendar days from the signature date of this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
---------------------------------------------------------------------------

    All comments must be filed on the record of both the India and the 
Thailand AD investigations. All comments and submissions to the 
Department must be filed electronically using Import Administration's 
Antidumping Countervailing Duty Centralized Electronic Service System 
(``IA ACCESS'').\6\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by the time and date noted above. Documents excepted 
from the electronic submission requirements must be filed manually 
(i.e., in paper form) with Import Administration's APO/Dockets Unit, 
Room 1870, U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230, and stamped with the date and time of 
receipt by the deadline noted above.
---------------------------------------------------------------------------

    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on help using IA ACCESS can be found 
at https://iaaccess.trade.gov/help.aspx and a handbook can be found 
at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

    The period of scope comments is intended to provide the Department 
with ample opportunity to consider all comments and to consult with 
parties prior to the issuance of the preliminary determinations.

Comments on Product Characteristics for Antidumping Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of steel threaded rod to be 
reported in response to the Department's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors and 
costs of production accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, while there may 
be some physical product characteristics utilized by manufacturers to 
describe steel threaded rod, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, the Department attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, we must receive comments 
on product characteristics by August 16, 2013. Rebuttal comments must 
be received by August 26, 2013. All comments and submissions to the 
Department must be filed electronically using IA ACCESS, as referenced 
above.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the industry.

[[Page 44528]]

    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission 
(``ITC''), which is responsible for determining whether ``the domestic 
industry'' has been injured, must also determine what constitutes a 
domestic like product in order to define the industry. While both the 
Department and the ITC must apply the same statutory definition 
regarding the domestic like product,\7\ they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law.\8\
---------------------------------------------------------------------------

    \7\ See section 771(10) of the Act.
    \8\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, Petitioners do not offer 
a definition of domestic like product distinct from the scope of the 
investigations. Based on our analysis of the information submitted on 
the record, we have determined that steel threaded rod constitutes a 
single domestic like product and we have analyzed industry support in 
terms of that domestic like product.\9\
---------------------------------------------------------------------------

    \9\ See Antidumping Duty Investigation Initiation Checklist: 
Steel Threaded Rod from India (``India AD Initiation Checklist''), 
at Attachment II, Analysis of Industry Support for the Petitions 
Covering Steel Threaded Rod from India and Thailand (``Attachment 
II'') and Antidumping Duty Investigation Initiation Checklist: Steel 
Threaded Rod from Thailand (``Thailand AD Initiation Checklist''), 
at Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via IA ACCESS. Access to documents 
filed via IA ACCESS is also available in the Central Records Unit 
(``CRU''), Room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------

    In determining whether Petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of Investigations'' section above. To 
establish industry support, Petitioners provided their production of 
the domestic like product in 2012, and compared this to the estimated 
total production of the domestic like product for the entire domestic 
industry.\10\ Petitioners estimated 2012 production of the domestic 
like product by non-petitioning companies based on their knowledge of 
the industry. We have relied upon data Petitioners provided for 
purposes of measuring industry support.\11\
---------------------------------------------------------------------------

    \10\ See Volume I of the Petitions, at I-4 through I-6, and 
Exhibit I-1.
    \11\ See India AD Initiation Checklist and Thailand AD 
Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------

    Based on information provided in the Petitions, supplemental 
submissions, and other information readily available to the Department, 
we determine that Petitioners have met the statutory criteria for 
industry support under section 732(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
at least 25 percent of the total production of the domestic like 
product.\12\ Based on information provided in the Petitions and other 
submissions, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 732(c)(4)(A)(ii) of the Act 
because the domestic producers (or workers) who support the Petitions 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions. Accordingly, the Department 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.\13\
---------------------------------------------------------------------------

    \12\ Id.
    \13\ Id.
---------------------------------------------------------------------------

    The Department finds that Petitioners filed the Petitions on behalf 
of the domestic industry because they are interested parties as defined 
in section 771(9)(C) of the Act and they have demonstrated sufficient 
industry support as required under section 732(c)(4)(A), with respect 
to the AD investigations that they are requesting the Department 
initiate.\14\
---------------------------------------------------------------------------

    \14\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    Petitioners allege that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the imports of the subject merchandise 
sold at less than normal value (``NV''). In addition, Petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\15\
---------------------------------------------------------------------------

    \15\ See Volume I of the Petitions, at I-15 and I-16 and Exhibit 
I-7.
---------------------------------------------------------------------------

    Petitioners contend that the industry's injured condition is 
illustrated by reduced market share; increased import penetration; 
underselling and price depression or suppression; lost sales and 
revenues; low capacity utilization; stagnant employment-related 
variables; and decline in financial performance.\16\ We have assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.\17\
---------------------------------------------------------------------------

    \16\ Id., at I-15 through I-29 and Exhibits I-5 through I-7 and 
I-10 through I-16; see also General Issues Supplement, at (Supp I)-4 
through (Supp I)-7 and Attachments (Supp I)-6 through (Supp I)-10.
    \17\ See India AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Petitions Covering Steel Threaded Rod from India 
and Thailand (``Attachment III''); see also Thailand AD Initiation 
Checklist, at Attachment III.
---------------------------------------------------------------------------

Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less-
than-fair-value upon which the Department based its decision to 
initiate investigations of imports of steel threaded rod from India and 
Thailand. The sources of data for the deductions and adjustments 
relating to U.S. price and NV are discussed in greater detail in the 
India AD Initiation Checklist and the Thailand AD Initiation Checklist.

Export Price

India

    Petitioners calculated export price (``EP'') based on lost U.S. 
sales and offers for sale for major types of steel threaded rod for 
delivery to the U.S. customer during the POI. To derive the ex-factory 
price, Petitioners made deductions to U.S. price for domestic brokerage 
and handling, international freight, distributor markup, and discounts/
rebates, as appropriate, based on the stated sales and delivery 
terms.\18\ Petitioners estimated international freight and distributor 
markups based on their knowledge and experience. Petitioners calculated 
domestic brokerage and handling using 2012 average charges (inclusive 
of document fees, terminal handling and port

[[Page 44529]]

charges, and customs clearance charges) for exports from India, as 
published in Doing Business in India by the World Bank. Petitioners 
calculated discounts/rebates based on the terms of an offer for sale.
---------------------------------------------------------------------------

    \18\ See India AD Initiation Checklist.
---------------------------------------------------------------------------

Thailand

    Petitioners calculated EP based on lost U.S. sales and offers for 
sale for major types of steel threaded rod for delivery to the U.S. 
customer during the POI. Based on the stated sales and delivery terms, 
Petitioners deducted from the U.S. price domestic brokerage and 
handling, international freight, U.S. inland freight, and distributor 
mark-up, where appropriate.\19\
---------------------------------------------------------------------------

    \19\ See Thailand AD Initiation Checklist.
---------------------------------------------------------------------------

    Petitioners estimated international freight and U.S. inland freight 
based on their own knowledge and experience regarding shipments of full 
containers from Thailand to the West Coast and from a West Coast port 
to the buyer's location. Petitioners calculated domestic brokerage and 
handling using 2012 average charges (inclusive of document fees, 
terminal handling and port charges, and customs clearance charges) for 
exports from Thailand, as published in Doing Business in Thailand by 
the World Bank. Petitioners estimated distributor mark-up based on 
their knowledge and experience.

Normal Value

India

    Petitioners provided home market prices for steel threaded rod in 
India. These prices were adjusted to exclude distributor mark-up, where 
appropriate.\20\
---------------------------------------------------------------------------

    \20\ See India AD Initiation Checklist.
---------------------------------------------------------------------------

Sales-Below-Cost Allegation

    Petitioners provided information demonstrating reasonable grounds 
to believe or suspect that sales of steel threaded rod in the Indian 
market were made at prices below the fully-absorbed cost of production 
(``COP''), within the meaning of section 773(b) of the Act, and 
requested that the Department conduct a country-wide sales-below-cost 
investigation. The Statement of Administrative Action (``SAA'') 
accompanying the Uruguay Round Agreements Act states that an allegation 
of sales below COP need not be specific to individual exporters or 
producers.\21\ The SAA states that ``Commerce will consider allegations 
of below-cost sales in the aggregate for a foreign country, just as 
Commerce currently considers allegations of sales at less than fair 
value on a country-wide basis for purposes of initiating an antidumping 
investigation.'' \22\
---------------------------------------------------------------------------

    \21\ See SAA, H.R. Doc. No. 103-316 at 833 (1994).
    \22\ Id.
---------------------------------------------------------------------------

    Further, the SAA provides that section 773(b)(2)(A) of the Act 
retains the requirement that the Department have ``reasonable grounds 
to believe or suspect'' that below-cost sales have occurred before 
initiating such an investigation. Reasonable grounds exist when an 
interested party provides specific factual information on costs and 
prices, observed or constructed, indicating that sales in the foreign 
market in question are at below-cost prices.\23\
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

Cost of Production

    Pursuant to section 773(b)(3) of the Act, COP consists of the cost 
of manufacturing (``COM''); selling, general and administrative 
(``SG&A'') expenses; financial expenses; and packing expenses. 
Petitioners calculated COM (except factory overhead) and packing 
expenses based on the input quantities of Vulcan's Pelham facility 
adjusted for known differences, during the anticipated POI, multiplied 
by the value of the inputs used to manufacture threaded rod in India 
using publicly-available data. Petitioners used their actual tolling 
costs of zinc coating and hot-dip galvanization because Petitioners did 
not perform these processes in-house.
    To determine factory overhead, SG&A, and financial expense rates, 
Petitioners relied on the fiscal year (``FY'') ended March 31, 2013 
financial statements of an Indian producer of comparable 
merchandise.\24\
---------------------------------------------------------------------------

    \24\ See India AD Initiation Checklist.
---------------------------------------------------------------------------

    Based upon a comparison of the prices of the foreign like product 
in the home market to the calculated COP of the most comparable 
product, we find reasonable grounds to believe or suspect that sales of 
the foreign like product were made below the COP, within the meaning of 
section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is 
initiating a country-wide cost investigation.

Normal Value Based on Constructed Value (``CV'')

    Because they alleged sales below cost, pursuant to sections 
773(a)(4), 773(b) and 773(e) of the Act, Petitioners calculated NV 
based on CV. Petitioners calculated CV using the same average COM, 
SG&A, financial expense, and packing figures used to compute the COP. 
Petitioners relied on the same FY ended March 31, 2013, audited 
unconsolidated financial statements used as the basis for the factory 
overhead, SG&A, and financial expense rates to calculate the profit 
rate.\25\
---------------------------------------------------------------------------

    \25\ See India AD Initiation Checklist.
---------------------------------------------------------------------------

Thailand

    Petitioners based NV on CV, as neither a home market nor a third-
country price was reasonably available. Pursuant to section 773(e) of 
the Act, CV consists of the COM; SG&A expenses; financial expenses; 
packing expenses; and profit. Petitioners calculated COM (except 
factory overhead) and packing expenses based on the input quantities of 
Vulcan's Pelham facility adjusted for known differences, during the 
anticipated POI, multiplied by the value of the inputs used to 
manufacture threaded rod in Thailand using publicly-available data. 
Petitioners used their actual tolling costs of zinc coating and hot-dip 
galvanization because Petitioners did not perform these processes in-
house.
    To determine factory overhead, SG&A, and financial expense rates, 
Petitioners relied on the FY ended December 31, 2011 financial 
statements of a Thai producer of comparable merchandise. Petitioners 
relied on the same FY ended December 31, 2011 financial statements used 
as the basis for the factory overhead, SG&A, and financial expense 
rates to calculate the profit rate.\26\
---------------------------------------------------------------------------

    \26\ See Thailand AD Initiation Checklist.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by Petitioners, there is reason to 
believe that imports of threaded rod from India and Thailand are being, 
or are likely to be, sold in the United States at less than fair value. 
Based on comparisons of EP to CV in accordance with section 773(a)(4) 
of the Act, the estimated dumping margins for threaded rod from India 
and Thailand range from from 17.93-119.87 percent,\27\ and 63.16-74.90 
percent,\28\ respectively.
---------------------------------------------------------------------------

    \27\ See India AD Initiation Checklist.
    \28\ See Thailand AD Initiation Checklist.
---------------------------------------------------------------------------

Initiation of Antidumping Investigations

    Based upon the examination of the Petitions on steel threaded rod 
from India and Thailand, we find that the Petitions meet the 
requirements of section 732 of the Act. Therefore, we are initiating AD 
investigations to determine whether imports of steel threaded rod from 
India and Thailand are being, or are likely to be, sold in the United 
States at less than fair value. In accordance with section 733(b)(1)(A) 
of the Act and 19 CFR 351.205(b)(1),

[[Page 44530]]

unless postponed, we will make our preliminary determinations no later 
than 140 days after the date of this initiation.

Respondent Selection

    Following standard practice in AD investigations involving market 
economy countries, in the event the Department determines that the 
number of known exporters or producers for this investigation is large, 
the Department may select respondents based on U.S. Customs and Border 
Protection (``CBP'') data for U.S. imports of threaded rod from India 
or Thailand under Harmonized Tariff Schedule of the United States 
subheadings 7318.15.5051, 7318.15.5056, 7318.15.5090 and 7318.15.2095. 
We intend to release the CBP data under Administrative Protective Order 
(``APO'') to all parties with access to information protected by APO 
within five days of publication of this Federal Register notice.
    The Petitions identified 69 producers and/or exporters of steel 
threaded rod in India,\29\ and 18 producers and/or exporters of steel 
threaded rod in Thailand.\30\
---------------------------------------------------------------------------

    \29\ See Volume I of the Petitions at Exhibit I-5.
    \30\ Id., at Exhibit I-6.
---------------------------------------------------------------------------

    We intend to make our decision regarding respondent selection 
within 20 days of publication of this notice. The Department invites 
comments regarding the CBP data and respondent selection within seven 
days of publication of this Federal Register notice for India and 
Thailand.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the Governments of India and Thailand via IA ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine no later than August 12, 2013, 
whether there is a reasonable indication that imports of steel threaded 
rod from India and Thailand are materially injuring or threatening 
material injury to a U.S. industry. A negative ITC determination for 
any country will result in the investigation being terminated with 
respect to that country; otherwise, these investigations will proceed 
according to statutory and regulatory time limits.

Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and countervailing duty (``CVD'') 
proceedings: The definition of factual information (19 CFR 
351.102(b)(21)), and the time limits for the submission of factual 
information (19 CFR 351.301). The final rule identifies five categories 
of factual information in 19 CFR 351.102(b)(21), which are summarized 
as follows: (i) Evidence submitted in response to questionnaires; (ii) 
evidence submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). The final rule requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
proceeding segments initiated on or after May 10, 2013, and thus are 
applicable to these investigations. Please review the final rule, 
available at http://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, 
prior to submitting factual information in these investigations.

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. On 
January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in these investigations should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\31\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials as well as their 
representatives in all segments of any AD or CVD proceedings initiated 
on or after March 14, 2011.\32\ The formats for the revised 
certifications are provided at the end of the Interim Final Rule. The 
Department intends to reject factual submissions in any proceeding 
segments initiated on or after March 14, 2011, if the submitting party 
does not comply with the revised certification requirements.
---------------------------------------------------------------------------

    \31\ See section 782(b) of the Act.
    \32\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) 
(``Interim Final Rule'') amending 19 CFR 351.303(g)(1) & (2) and 
supplemented by Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 
2, 2011).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to section 777(i) of 
the Act and 19 CFR 351.203(c).

    Dated: July 17, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations is steel 
threaded rod. Steel threaded rod is certain threaded rod, bar, or 
studs, of carbon quality steel, having a solid, circular cross 
section, of any diameter, in any straight length, that have been 
forged, turned, cold-drawn, cold-rolled, machine straightened, or 
otherwise cold-finished, and into which threaded grooves have been 
applied. In addition, the steel threaded rod, bar, or studs subject 
to these investigations are nonheaded and threaded along greater 
than 25 percent of their total length. A variety of finishes or 
coatings, such as plain oil finish as a temporary rust protectant, 
zinc coating (i.e., galvanized, whether by electroplating or hot-
dipping), paint, and other similar finishes and coatings, may be 
applied to the merchandise.
    Included in the scope of these investigations are steel threaded 
rod, bar, or studs, in which: (1) Iron predominates, by weight, over 
each of the other contained elements; (2) the carbon content is 2 
percent or less, by weight; and (3) none of the elements listed 
below exceeds the quantity, by weight, respectively indicated:

 1.80 percent of manganese, or
 1.50 percent of silicon, or

[[Page 44531]]

 1.00 percent of copper, or
 0.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 1.25 percent of nickel, or
 0.30 percent of tungsten, or
 0.012 percent of boron, or
 0.10 percent of molybdenum, or
 0.10 percent of niobium, or
 0.41 percent of titanium, or
 0.15 percent of vanadium, or
 0.15 percent of zirconium.

    Steel threaded rod is currently classifiable under subheadings 
7318.15.5051, 7318.15.5056, 7318.15.5090 and 7318.15.2095 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.
    Excluded from the scope of these investigations are: (a) 
Threaded rod, bar, or studs which are threaded only on one or both 
ends and the threading covers 25 percent or less of the total 
length; and (b) threaded rod, bar, or studs made to American Society 
for Testing and Materials (``ASTM'') A193 Grade B7, ASTM A193 Grade 
B7M, ASTM A193 Grade B16, and ASTM A320 Grade L7.
[FR Doc. 2013-17794 Filed 7-23-13; 8:45 am]
BILLING CODE 3510-DS-P