Certain Steel Threaded Rod from the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 63693-63695 [E8-25549]
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
Appendix - Issues Raised in Decision
Memorandum
Comment: Bona Fide Sale
[FR Doc. E8–25548 Filed 10–24–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–932)
Certain Steel Threaded Rod from the
People’s Republic of China: Amended
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 27, 2008.
SUMMARY: On October 8, 2008, the
Department of Commerce
(‘‘Department’’) published the
preliminary determination of sales at
less than fair value (‘‘LTFV’’) in the
antidumping investigation of certain
steel threaded rod from the People’s
Republic of China (‘‘PRC’’). See Certain
Steel Threaded Rod from the People’s
Republic of China: Preliminary
Determination of Sales at Less Than
Fair Value, 73 FR 58931 (October 8,
2008) (‘‘Preliminary Determination’’).
We are amending our Preliminary
Determination to correct certain
ministerial errors with respect to the
antidumping duty margin calculation
for RMB Fasteners Ltd. and IFI and
Morgan Ltd. (collectively, ‘‘RMB & IFI
Group’’). The corrections to the RMB &
IFI Group margin also affect the margin
assigned to the companies receiving a
separate rate.
FOR FURTHER INFORMATION CONTACT:
Bobby Wong, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W.,
Washington, DC, 20230; telephone:
(202) 482–0409.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
VerDate Aug<31>2005
17:13 Oct 24, 2008
Jkt 217001
On
October 8, 2008, the Department
published in the Federal Register the
preliminary determination that certain
steel threaded rod from the PRC are
being, or are likely to be, sold in the
United States at LTFV, as provided in
section 733 of the Tariff Act of 1930, as
amended (‘‘Act’’). See Preliminary
Determination.
On October 8, 2008, the RMB & IFI
Group filed timely allegations of
ministerial errors contained in the
Department’s Preliminary
Determination. After reviewing the
allegations, we have determined that the
Preliminary Determination included
significant ministerial errors. Therefore,
in accordance with section 351.224(e) of
the Department’s regulations, we have
made changes, as described below, to
the Preliminary Determination.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period of investigation is July 1,
2007, through December 31, 2007. This
period corresponds to the two most
recent fiscal quarters prior to the month
of the filing of the petition, March 5,
2008. See section 351.204(b)(1) of the
Department’s regulations.
Scope of Investigation
The merchandise covered by this
investigation 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 this investigation are
non–headed 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 this
investigation 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
• 1.00 percent of copper, or
• 0.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
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Sfmt 4703
63693
• 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 subheading
7318.15.5060 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise is
dispositive.
Excluded from the scope of the
investigation 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, or ASTM A320 Grade L7.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Significant Ministerial Error
Ministerial errors are defined in
section 735(e) of the Act as ‘‘errors in
addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ Section 351.224(e) of the
Department’s regulations provides that
the Department ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in (1) a
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted–average
dumping margin calculated in the
original (erroneous) preliminary
determination, or (2) a difference
between a weighted–average dumping
margin of zero or de minimis and a
weighted–average dumping margin of
greater than de minimis or vice versa.
See section 351.224(g) of the
Department’s regulations.
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27OCN1
63694
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
Ministerial Error Allegations
Domestic & International Movement
Expenses
The RMB & IFI Group argues that the
Department incorrectly calculated the
domestic movement and international
movement expenses in the Department’s
calculation of U.S. price, by applying
the incorrect units of measure. The RMB
& IFI Group contends that the resulting
weighted–average dumping margin was
significantly inflated. See Memorandum
to the File from Bobby Wong, Senior
International Trade Analyst, through
Scot T. Fullerton, Program Manager,
AD/CVD Operations, Office 9:
Antidumping Duty Investigation of
Certain Steel Threaded Rod from the
People’s Republic of China: RMB & IFI
Program Analysis for the Preliminary
Determination, dated October 8, 2008.
The RMB & IFI Group stated that a
correction to the units of measure
corresponding to domestic and
international movement expenses
would significantly reduce the
calculated dumping margin, and would
constitute a significant error as set forth
in the statute. Therefore, the RMB & IFI
Group urges that the Department correct
the unit of measure used in the
calculation of domestic and
international movement expenses in the
margin calculation program and in the
company analysis memorandum.
With respect to domestic movement
expenses, the Department finds that it
overlooked the fact that the RMB & IFI
Group reported the net–weight on an
inconsistent unit of measure from the
other data reported in U.S. sales
database and, thus, the Department did
not correct for the inconsistency.
Furthermore, with respect to
international movement expenses, the
Department agrees that the surrogate
marine insurance expense should also
be assessed using respondent’s reported
unit of measure rather than the total
value of the shipment.
Therefore, we agree that the
Department did not correctly calculate
domestic and international movement
expenses using a consistent unit of
measure. This error qualifies as a
ministerial error in accordance with
section 735(e) of the Act. For detailed
discussion, see Memorandum to File
from Bobby Wong, Case Analyst;
Investigation of Certain Steel Threaded
Rod from the People’s Republic of
China: RMB & IFI Group Amended
Preliminary Analysis Memorandum,
dated concurrent with this Federal
Register notice (‘‘RMB & IFI Group
Amended Prelim Analysis
Memorandum’’).
Amended Preliminary Determination
We determine that these allegations
qualify as ministerial errors as defined
in section 351.224(g) of the
Department’s regulations because they
result in a change of more than five
absolute percentage points to the RMB
& IFI Group’s dumping margin.
Accordingly, we have corrected the
errors alleged by the RMB & IFI Group.
See RMB & IFI Group Amended Prelim
Analysis Memorandum.
As a result of correcting the above
errors in the RMB & IFI Group
calculations, the margin for the
companies granted separate–rate status
must also be revised because the margin
for those companies was partially
derived from the RMB & IFI Group
margin. See Memorandum to the File
from Bobby Wong, Senior Analyst;
Investigation of Certain Steel Threaded
Rod from the People’s Republic of
China: Amended Preliminary Weight–
Averaged Margin for Separate Rate
Companies, dated concurrent with this
Federal Register notice.
As a result of the corrected ministerial
errors, the weighted–average dumping
margins are:
CERTAIN STEEL THREADED ROD FROM THE PRC
Weighted–Average Margin
Exporter
Producer
RMB Fasteners Ltd., and IFI & Morgan
Ltd. (‘‘RMB and IFI Group’’).
Ningbo Yinzhou Foreign Trade Co. Ltd.
Jiaxing Brother Fastener Co., Ltd. (aka Jiaxing Brother Standard Parts Co., Ltd.)
40.49%
Zhejiang Guorui Industry Co., Ltd.; or Ningbo Daxie Chuofeng Industrial Development Co. Ltd..
176.57%
Separate Rates Entities
Producer
Shanghai Recky International Trading
Co., Ltd..
Shanghai Xiangrong International Trading Co., Ltd.; Shanghai Xianglong International Trading Co., Ltd.; Pighu City Zhapu Screw Cap Factory; or Jiaxing
Xinyue Standard Part Co., Ltd..
Jiaxing Xinyue Standard Part Co., Ltd.; or Haiyan County No. 1 Fasteners Factory.
Zhapu Creative Standard Parts Material Co., Ltd. ..................................................
Haiyan Yida Fasteners Co., Ltd.; or Jiaxing Xinyue Standard Part Co., Ltd. .........
Jiaxing Xinyue Standard Part Co., Ltd. ...................................................................
Jiashan Zhongsheng Metal Products Co., Ltd.; or Jiaxing Xinyue Standard Part
Co., Ltd..
Zhejiang New Oriental Fastener Co., Ltd. ...............................................................
Suntec Industries Co., Ltd. ......................
Hangzhou Grand Imp. & Exp. Co., Ltd. ..
Shanghai Prime Machinery Co. Ltd. .......
Jiaxing Xinyue Standard Part Co., Ltd. ...
Certified Products International Inc. ........
mstockstill on PROD1PC66 with NOTICES
Zhejiang New Oriental Fastener Co.,
Ltd..
Jiashan Zhongsheng Metal Products
Co., Ltd..
Haiyan Dayu Fasteners Co., Ltd. ............
PRC–wide Entity ....................................
17:13 Oct 24, 2008
Jkt 217001
55.48%
55.48%
55.48%
55.48%
55.48%
55.48%
55.48%
Jiashan Zhongsheng Metal Products Co., Ltd. .......................................................
55.48%
Haiyan Dayu Fasteners Co., Ltd. ............................................................................
..................................................................................................................................
55.48%
206.00%
The collection of bonds or cash
deposits and suspension of liquidation
will be revised accordingly and parties
will be notified of this determination, in
accordance with section 733(d) and (f)
of the Act.
VerDate Aug<31>2005
Margin
Postponement of the Final
Determination
In the Preliminary Determination, the
Department stated that it would make
its final determination for this
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antidumping duty investigation no later
than 75 days after the preliminary
determination.
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
E:\FR\FM\27OCN1.SGM
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
after the date of the publication of the
preliminary determination if, in the
event of an affirmative determination, a
request for such postponement is made
by exporters who account for a
significant proportion of exports of the
subject merchandise, or in the event of
a negative preliminary determination, a
request for such postponement is made
by petitioner. In addition, section
351.210(e)(2) of the Department’s
regulations require that requests by
respondents for postponement of a final
determination be accompanied by a
request for extension of provisional
measures from a four month period to
not more than six months.
On October 8, 2008, Ningbo Yinzhou
Foreign Trade Co., Ltd., one of the two
mandatory respondents, requested a 60–
day extension of the final determination
and extension of the provisional
measures. Thus, because our amended
preliminary determination is
affirmative, and the respondent
requesting a postponement of the final
determination and an extension of the
provisional measures, accounts for a
significant proportion of exports of steel
threaded rod, and no compelling
reasons for denial exist, we are
postponing the deadline for the final
determination by 60 days until February
20, 2009, based on the publication date
of the Preliminary Determination.
International Trade Commission
Notification
mstockstill on PROD1PC66 with NOTICES
In accordance with section 733(f) of
the Act, we have notified the
International Trade Commission (‘‘ITC’’)
of our amended preliminary
determination. If our final
determination is affirmative, the ITC
will make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of steel threaded rod,
or sales (or the likelihood of sales) for
importation, of the merchandise under
investigation, within 45 days of our
final determination.
This determination is issued and
published in accordance with sections
733(f), 735(a)(2), and 777(i) of the Act
and sections 351.210(g) and 351.224(e)
of the Department’s regulations.
Dated: October 20, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–25549 Filed 10–24–08; 8:45 am]
BILLING CODE 3510–DS–S
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17:13 Oct 24, 2008
Jkt 217001
DEPARTMENT OF COMMERCE
International Trade Administration
A–351–825
Stainless Steel Bar From Brazil:
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 27, 2008.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1757 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
63695
to the original and supplemental
questionnaires.1 Thus, the Department
needs additional time to review and
analyze the responses submitted by
Villares. Further, the Department
requires additional time to review issues
such as corporate affiliations and steel
grades of products reported by Villares
as it will affect the Department’s
matching methodology in this case.
Therefore, we are extending the time
period for issuing the preliminary
results of this review by 90 days until
January 29, 2009.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act and 19 CFR
351.213(h)(2).
Dated: October 17, 2008.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–25439 Filed 10–24–08; 8:45 am]
BILLING CODE 3510–DS–S
Background
At the request of interested parties,
the Department of Commerce (the
Department) initiated an administrative
review of the antidumping duty order
on certain stainless steel bar from Brazil
for the period February 1, 2007, through
January 31, 2008. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, Request for
Revocation in Part, and Deferral of
Administrative Review, 73 FR 16837
(March 31, 2008). The preliminary
results of this administrative review are
currently due no later than October 31,
2008.
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination within 245 days after the
last day of the anniversary month of an
order for which a review is requested
and a final determination within 120
days after the date on which the
preliminary determination is published.
If it is not practicable to complete the
review within these time periods,
section 751(a)(3)(A) of the Act allows
the Department to extend the time limit
for the preliminary determination to a
maximum of 365 days after the last day
of the anniversary month. See also 19
CFR 351.213(h).
We determine that it is not practicable
to complete the preliminary results of
this review by the current deadline of
October 31, 2008, for several reasons.
Specifically, the Department has granted
the respondent, Villares Metals S.A.
(Villares), several extensions to respond
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DEPARTMENT OF COMMERCE
International Trade Administration
Subsidy Programs Provided by
Countries Exporting Softwood Lumber
and Softwood Lumber Products to the
United States; Request for Comment
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) seeks public comment on
any subsidies, including stumpage
subsidies, provided by certain countries
exporting softwood lumber or softwood
lumber products to the United States
during the period January 1 through
June 30, 2008.
DATES: Comments must be submitted
within thirty days after publication of
this notice.
ADDRESSES: Written comments (original
and six copies) should be sent to the
Secretary of Commerce, Attn: Jill E.
Pollack, Import Administration, APO/
Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street &
Constitution Ave., NW., Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT: Jill
E. Pollack, Office of the Deputy
Assistant Secretary for Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4593.
SUPPLEMENTARY INFORMATION:
AGENCY:
1 See, e.g., letters to Villares Metals S.A., from
Laurie Parkhill, dated April 18, 2008, May 22, 2008,
July 11, 2008, and July 30, 2008.
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]]>Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63693-63695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25549]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-932)
Certain Steel Threaded Rod from the People's Republic of China:
Amended Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 27, 2008.
SUMMARY: On October 8, 2008, the Department of Commerce
(``Department'') published the preliminary determination of sales at
less than fair value (``LTFV'') in the antidumping investigation of
certain steel threaded rod from the People's Republic of China
(``PRC''). See Certain Steel Threaded Rod from the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value, 73
FR 58931 (October 8, 2008) (``Preliminary Determination''). We are
amending our Preliminary Determination to correct certain ministerial
errors with respect to the antidumping duty margin calculation for RMB
Fasteners Ltd. and IFI and Morgan Ltd. (collectively, ``RMB & IFI
Group''). The corrections to the RMB & IFI Group margin also affect the
margin assigned to the companies receiving a separate rate.
FOR FURTHER INFORMATION CONTACT: Bobby Wong, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, DC, 20230; telephone: (202) 482-0409.
SUPPLEMENTARY INFORMATION: On October 8, 2008, the Department published
in the Federal Register the preliminary determination that certain
steel threaded rod from the PRC are being, or are likely to be, sold in
the United States at LTFV, as provided in section 733 of the Tariff Act
of 1930, as amended (``Act''). See Preliminary Determination.
On October 8, 2008, the RMB & IFI Group filed timely allegations of
ministerial errors contained in the Department's Preliminary
Determination. After reviewing the allegations, we have determined that
the Preliminary Determination included significant ministerial errors.
Therefore, in accordance with section 351.224(e) of the Department's
regulations, we have made changes, as described below, to the
Preliminary Determination.
Period of Investigation
The period of investigation is July 1, 2007, through December 31,
2007. This period corresponds to the two most recent fiscal quarters
prior to the month of the filing of the petition, March 5, 2008. See
section 351.204(b)(1) of the Department's regulations.
Scope of Investigation
The merchandise covered by this investigation 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 this investigation are
non-headed 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 this investigation 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
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 subheading
7318.15.5060 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Excluded from the scope of the investigation 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, or ASTM A320 Grade L7.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
Significant Ministerial Error
Ministerial errors are defined in section 735(e) of the Act as
``errors in addition, subtraction, or other arithmetic function,
clerical errors resulting from inaccurate copying, duplication, or the
like, and any other type of unintentional error which the administering
authority considers ministerial.'' Section 351.224(e) of the
Department's regulations provides that the Department ``will analyze
any comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination.'' A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination, or
(2) a difference between a weighted-average dumping margin of zero or
de minimis and a weighted-average dumping margin of greater than de
minimis or vice versa. See section 351.224(g) of the Department's
regulations.
[[Page 63694]]
Ministerial Error Allegations
Domestic & International Movement Expenses
The RMB & IFI Group argues that the Department incorrectly
calculated the domestic movement and international movement expenses in
the Department's calculation of U.S. price, by applying the incorrect
units of measure. The RMB & IFI Group contends that the resulting
weighted-average dumping margin was significantly inflated. See
Memorandum to the File from Bobby Wong, Senior International Trade
Analyst, through Scot T. Fullerton, Program Manager, AD/CVD Operations,
Office 9: Antidumping Duty Investigation of Certain Steel Threaded Rod
from the People's Republic of China: RMB & IFI Program Analysis for the
Preliminary Determination, dated October 8, 2008. The RMB & IFI Group
stated that a correction to the units of measure corresponding to
domestic and international movement expenses would significantly reduce
the calculated dumping margin, and would constitute a significant error
as set forth in the statute. Therefore, the RMB & IFI Group urges that
the Department correct the unit of measure used in the calculation of
domestic and international movement expenses in the margin calculation
program and in the company analysis memorandum.
With respect to domestic movement expenses, the Department finds
that it overlooked the fact that the RMB & IFI Group reported the net-
weight on an inconsistent unit of measure from the other data reported
in U.S. sales database and, thus, the Department did not correct for
the inconsistency.
Furthermore, with respect to international movement expenses, the
Department agrees that the surrogate marine insurance expense should
also be assessed using respondent's reported unit of measure rather
than the total value of the shipment.
Therefore, we agree that the Department did not correctly calculate
domestic and international movement expenses using a consistent unit of
measure. This error qualifies as a ministerial error in accordance with
section 735(e) of the Act. For detailed discussion, see Memorandum to
File from Bobby Wong, Case Analyst; Investigation of Certain Steel
Threaded Rod from the People's Republic of China: RMB & IFI Group
Amended Preliminary Analysis Memorandum, dated concurrent with this
Federal Register notice (``RMB & IFI Group Amended Prelim Analysis
Memorandum'').
Amended Preliminary Determination
We determine that these allegations qualify as ministerial errors
as defined in section 351.224(g) of the Department's regulations
because they result in a change of more than five absolute percentage
points to the RMB & IFI Group's dumping margin. Accordingly, we have
corrected the errors alleged by the RMB & IFI Group. See RMB & IFI
Group Amended Prelim Analysis Memorandum.
As a result of correcting the above errors in the RMB & IFI Group
calculations, the margin for the companies granted separate-rate status
must also be revised because the margin for those companies was
partially derived from the RMB & IFI Group margin. See Memorandum to
the File from Bobby Wong, Senior Analyst; Investigation of Certain
Steel Threaded Rod from the People's Republic of China: Amended
Preliminary Weight-Averaged Margin for Separate Rate Companies, dated
concurrent with this Federal Register notice.
As a result of the corrected ministerial errors, the weighted-
average dumping margins are:
Certain Steel Threaded Rod from the PRC
------------------------------------------------------------------------
Weighted-Average
Exporter Producer Margin
------------------------------------------------------------------------
RMB Fasteners Ltd., and IFI & Jiaxing Brother 40.49[percnt]
Morgan Ltd. (``RMB and IFI Fastener Co., Ltd.
Group''). (aka Jiaxing Brother
Standard Parts Co.,
Ltd.).
Ningbo Yinzhou Foreign Trade Zhejiang Guorui 176.57[percnt]
Co. Ltd.. Industry Co., Ltd.;
or Ningbo Daxie
Chuofeng Industrial
Development Co. Ltd..
------------------------------------------------------------------------
------------------------------------------------------------------------
Separate Rates Entities Producer Margin
------------------------------------------------------------------------
Shanghai Recky International Shanghai Xiangrong 55.48[percnt]
Trading Co., Ltd.. International
Trading Co., Ltd.;
Shanghai Xianglong
International
Trading Co., Ltd.;
Pighu City Zhapu
Screw Cap Factory;
or Jiaxing Xinyue
Standard Part Co.,
Ltd..
Suntec Industries Co., Ltd.... Jiaxing Xinyue 55.48[percnt]
Standard Part Co.,
Ltd.; or Haiyan
County No. 1
Fasteners Factory.
Hangzhou Grand Imp. & Exp. Zhapu Creative 55.48[percnt]
Co., Ltd.. Standard Parts
Material Co., Ltd..
Shanghai Prime Machinery Co. Haiyan Yida Fasteners 55.48[percnt]
Ltd.. Co., Ltd.; or
Jiaxing Xinyue
Standard Part Co.,
Ltd..
Jiaxing Xinyue Standard Part Jiaxing Xinyue 55.48[percnt]
Co., Ltd.. Standard Part Co.,
Ltd..
Certified Products Jiashan Zhongsheng 55.48[percnt]
International Inc.. Metal Products Co.,
Ltd.; or Jiaxing
Xinyue Standard Part
Co., Ltd..
Zhejiang New Oriental Fastener Zhejiang New Oriental 55.48[percnt]
Co., Ltd.. Fastener Co., Ltd..
Jiashan Zhongsheng Metal Jiashan Zhongsheng 55.48[percnt]
Products Co., Ltd.. Metal Products Co.,
Ltd..
Haiyan Dayu Fasteners Co., Haiyan Dayu Fasteners 55.48[percnt]
Ltd.. Co., Ltd..
PRC-wide Entity............... ..................... 206.00[percnt]
------------------------------------------------------------------------
The collection of bonds or cash deposits and suspension of
liquidation will be revised accordingly and parties will be notified of
this determination, in accordance with section 733(d) and (f) of the
Act.
Postponement of the Final Determination
In the Preliminary Determination, the Department stated that it
would make its final determination for this antidumping duty
investigation no later than 75 days after the preliminary
determination.
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days
[[Page 63695]]
after the date of the publication of the preliminary determination if,
in the event of an affirmative determination, a request for such
postponement is made by exporters who account for a significant
proportion of exports of the subject merchandise, or in the event of a
negative preliminary determination, a request for such postponement is
made by petitioner. In addition, section 351.210(e)(2) of the
Department's regulations require that requests by respondents for
postponement of a final determination be accompanied by a request for
extension of provisional measures from a four month period to not more
than six months.
On October 8, 2008, Ningbo Yinzhou Foreign Trade Co., Ltd., one of
the two mandatory respondents, requested a 60-day extension of the
final determination and extension of the provisional measures. Thus,
because our amended preliminary determination is affirmative, and the
respondent requesting a postponement of the final determination and an
extension of the provisional measures, accounts for a significant
proportion of exports of steel threaded rod, and no compelling reasons
for denial exist, we are postponing the deadline for the final
determination by 60 days until February 20, 2009, based on the
publication date of the Preliminary Determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
International Trade Commission (``ITC'') of our amended preliminary
determination. If our final determination is affirmative, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of steel threaded rod, or sales (or the
likelihood of sales) for importation, of the merchandise under
investigation, within 45 days of our final determination.
This determination is issued and published in accordance with
sections 733(f), 735(a)(2), and 777(i) of the Act and sections
351.210(g) and 351.224(e) of the Department's regulations.
Dated: October 20, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-25549 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-DS-S
