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