Certain Steel Threaded Rod From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2010-2011, 4389 [2013-01177]

Download as PDF Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices We are issuing and publishing these final results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone: (202) 482–4047. SUPPLEMENTARY INFORMATION: Dated: January 14, 2013. Paul Piquado, Assistant Secretary for Import Administration. Background On November 9, 2012, the Department of Commerce (‘‘Department’’) published in the Federal Register the final results of the administrative review of the antidumping duty order on certain steel threaded rod from the People’s Republic of China (‘‘PRC’’).1 On November 13, 2012, Vulcan Threaded Products Inc. (‘‘Petitioner’’) filed timely allegations that the Department made various ministerial errors in the Final Results and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. No other party submitted ministerial error allegations. On November 19, 2012, RMB Fasteners Ltd. and IFI & Morgan Ltd., and their affiliated producer Jiaxing Brother Standard Part Co., Ltd., (collectively ‘‘RMB/IFI Group’’) submitted rebuttal comments on Petitioner’s ministerial error allegations. Before the Department could take action on the alleged ministerial errors, RMB/IFI Group filed a summons and complaint with the U.S. Court of International Trade (‘‘CIT’’) challenging the Final Results, which vested the CIT with jurisdiction over the administrative proceeding.2 On December 28, 2012, the CIT granted the Department leave to publish amended final results to correct certain ministerial errors.3 Appendix List of Comments and Issues in the Issues and Decision Memorandum Selection of Primary Surrogate Country Comment 1: Whether Sodium Hypochlorite is Comparable Merchandise Comment 2: Surrogate Country Selection Comment 3: Surrogate Values if the Philippines is Not Selected as the Surrogate Country Surrogate Value Selection Comments Comment 4: Sodium Chloride Comment 5: Urea Comment 6: Water Comment 7: Chlorine Comment 8: Hydrogen Comment 9: Steam Coal Comment 10: Electricity Comment 11: Steam Comment 12: Labor Comment 13: Financial Ratios Comment 14: Whether the Ammonia Gas and Sulfuric Acid Surrogate Values are Reasonable Jiheng-Specific Comments Comment 15: Whether Jiheng’s Ammonia Gas ‘‘Absorption Rate’’ Adjustment is Warranted Comment 16: Whether Jiheng’s Normal Value was Correctly Adjusted for Transportation Costs Kangtai-Specific Comments Comment 17: Whether Kangtai’s Ammonia Gas By-product Was Calculated Using the Correct Concentration Level Comment 18: Whether Kangtai’s Sodium Hydroxide Surrogate Value Should be Adjusted [FR Doc. 2013–01185 Filed 1–18–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–932] Certain Steel Threaded Rod From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 22, 2013. FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department tkelley on DSK3SPTVN1PROD with AGENCY: VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 Scope of the Order The merchandise covered by the order is steel threaded rod.4 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. Certain steel threaded rod subject to the order is currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at 1 See Certain Steel Threaded Rod From the People’s Republic of China: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review; 2010–2011, 77 FR 67332 (November 9, 2012) (‘‘Final Results’’). 2 See Zenith Elecs. Corp. v. United States, 884 F.2d 556, 561–62 (Fed. Cir. 1989). 3 See Jiaxing Brother Fastener Co., Ltd. v. United States, Court No. 12–00384 (Ct. Int’l Trade December 28, 2012) (order granting the Department leave to publish amended final results correcting ministerial errors no later than February 1, 2013). 4 See Certain Steel Threaded Rod from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 2009). PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 4389 subheadings 7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive.5 Amended Final Results Section 751(h) of the Tariff Act of 1930, as amended (‘‘the Act’’), defines ‘‘ministerial error’’ as including ‘‘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.’’ After analyzing Petitioner and RMB/IFI Group’s comments, we have determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made certain ministerial errors in the final results with respect to our calculation of freight and brokerage charges, as well as not including the cost of packing labor for RMB/IFI Group.6 For a detailed discussion of these ministerial errors, as well as the Department’s analysis of these errors, see Ministerial Errors Memo. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of this administrative review of certain steel threaded rod from the PRC. The dumping margins for the period of review for these amended final results are as follows: Exporter RMB Fasteners Ltd., and IFI & Morgan Ltd. (‘‘RMB/IFI Group’’) ............................. PRC-wide Entity ................... Weighted-average margin (percent) 21.15 206.00 These amended final results and notice are issued and published in accordance with sections 751(h), and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: January 14, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–01177 Filed 1–18–13; 8:45 am] BILLING CODE 3510–DS–P 5 See Memorandum to Paul Piquado, from Christian Marsh, regarding ‘‘Second Antidumping Administrative Review of Certain Steel Threaded Rod from the People’s Republic of China: Ministerial Error Memorandum,’’ dated concurrently with this notice (‘‘Ministerial Errors Memo’’). 6 See Ministerial Errors Memo. E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Page 4389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01177]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review; 2010-
2011

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

DATES: Effective Date: January 22, 2013.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington DC 20230; telephone: (202) 482-4047.

SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the final results of the 
administrative review of the antidumping duty order on certain steel 
threaded rod from the People's Republic of China (``PRC'').\1\ On 
November 13, 2012, Vulcan Threaded Products Inc. (``Petitioner'') filed 
timely allegations that the Department made various ministerial errors 
in the Final Results and requested, pursuant to 19 CFR 351.224, that 
the Department correct the alleged ministerial errors. No other party 
submitted ministerial error allegations. On November 19, 2012, RMB 
Fasteners Ltd. and IFI & Morgan Ltd., and their affiliated producer 
Jiaxing Brother Standard Part Co., Ltd., (collectively ``RMB/IFI 
Group'') submitted rebuttal comments on Petitioner's ministerial error 
allegations.
---------------------------------------------------------------------------

    \1\ See Certain Steel Threaded Rod From the People's Republic of 
China: Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review; 2010-2011, 77 FR 67332 (November 9, 
2012) (``Final Results'').
---------------------------------------------------------------------------

    Before the Department could take action on the alleged ministerial 
errors, RMB/IFI Group filed a summons and complaint with the U.S. Court 
of International Trade (``CIT'') challenging the Final Results, which 
vested the CIT with jurisdiction over the administrative proceeding.\2\ 
On December 28, 2012, the CIT granted the Department leave to publish 
amended final results to correct certain ministerial errors.\3\
---------------------------------------------------------------------------

    \2\ See Zenith Elecs. Corp. v. United States, 884 F.2d 556, 561-
62 (Fed. Cir. 1989).
    \3\ See Jiaxing Brother Fastener Co., Ltd. v. United States, 
Court No. 12-00384 (Ct. Int'l Trade December 28, 2012) (order 
granting the Department leave to publish amended final results 
correcting ministerial errors no later than February 1, 2013).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is steel threaded rod.\4\ 
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. Certain steel threaded rod 
subject to the order is currently classifiable in the Harmonized Tariff 
Schedule of the United States (``HTSUS'') at subheadings 7318.15.5051, 
7318.15.5056, 7318.15.5090, and 7318.15.2095. Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.\5\
---------------------------------------------------------------------------

    \4\ See Certain Steel Threaded Rod from the People's Republic of 
China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 
2009).
    \5\ See Memorandum to Paul Piquado, from Christian Marsh, 
regarding ``Second Antidumping Administrative Review of Certain 
Steel Threaded Rod from the People's Republic of China: Ministerial 
Error Memorandum,'' dated concurrently with this notice 
(``Ministerial Errors Memo'').
---------------------------------------------------------------------------

Amended Final Results

    Section 751(h) of the Tariff Act of 1930, as amended (``the Act''), 
defines ``ministerial error'' as including ``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.'' After analyzing Petitioner and RMB/IFI Group's comments, 
we have determined, in accordance with section 751(h) of the Act and 19 
CFR 351.224(e), that we made certain ministerial errors in the final 
results with respect to our calculation of freight and brokerage 
charges, as well as not including the cost of packing labor for RMB/IFI 
Group.\6\
---------------------------------------------------------------------------

    \6\ See Ministerial Errors Memo.
---------------------------------------------------------------------------

    For a detailed discussion of these ministerial errors, as well as 
the Department's analysis of these errors, see Ministerial Errors Memo. 
In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we 
are amending the Final Results of this administrative review of certain 
steel threaded rod from the PRC. The dumping margins for the period of 
review for these amended final results are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
------------------------------------------------------------------------
RMB Fasteners Ltd., and IFI & Morgan Ltd. (``RMB/IFI               21.15
 Group'')...............................................
PRC-wide Entity.........................................          206.00
------------------------------------------------------------------------

    These amended final results and notice are issued and published in 
accordance with sections 751(h), and 777(i)(1) of the Act, and 19 CFR 
351.224(e).

    Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-01177 Filed 1-18-13; 8:45 am]
BILLING CODE 3510-DS-P