Certain Steel Threaded Rod From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 12718-12719 [2013-04151]

Download as PDF 12718 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES the People’s Republic of China.1 The notice of initation stated that, unless postponed, the Department would issue its preliminary determination no later than 140 days after the date of issuance of the initiation, in accordance with section 773(b)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). The preliminary determination is currently due no later than March 8, 2013.2 On Feburary 5, 2013, the Coalition for Fair Trade of Hardwood Plywood (‘‘Petitioners’’), made a timely request, pursuant to 19 CFR 351.205(e), for postponement of the preliminary determination, in order to allow additional time for the Department to review the respondents’ sections C and D questionnaire submissions, as well as other information critical to the proceeding, such as comments on the selection of a surrogate country and submissions of publicly available information to value the factors of production reported by the respondents.3 Because there are no compelling reasons to deny the request, in accordance with section 733(c)(1)(A) of the Act, the Department is postponing the deadline for the preliminary determination by 50 days. An extension of 50 days from the current deadline of March 8, 2013, would result in a new deadline of April 27, 2013. Because April 27, 2013, falls on a Saturday, the due date for the preliminary determination is now April 29, 2013.4 The deadline for the final determination will continue to be 75 days after the date of the preliminary determination, unless extended. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). 1 See Hardwood and Decorative Plywood From the People’s Republic of China: Initiation of Antidumping Duty Investigation, 77 FR 65172 (October 25, 2012). 2 As explained in the memorandum from the Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 29, through October 30, 2012. Thus, all deadlines in this segment of the proceeding have been extended by two days. The revised deadline for the preliminary determination of this investigation is now March 8, 2012. See Memorandum to the Record from Paul Piquado, Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Hurrican Sandy,’’ dated October 31, 2012. 3 See Letter to the Department, from Petitioners; Re: Hardwood and Decorative Plywood from the People’s Republic of China, dated February 5, 2013. 4 Department practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533, 24533 (May 10, 2005). VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 Dated: February 14, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–04154 Filed 2–22–13; 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: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 4, 2012, the Department of Commerce (the ‘‘Department’’) published the Preliminary Determination of the circumvention inquiry concerning the antidumping duty order on certain steel threaded rod (‘‘steel threaded rod’’) from the People’s Republic of China (‘‘PRC’’).1 The period of inquiry is April 1, 2010, through January 11, 2012. We gave interested parties an opportunity to comment on the Preliminary Determination. On December 31, 2012, Vulcan Threaded Products, Inc. (‘‘Petitioner’’) filed comments agreeing that the Department’s Preliminary Determination is in accordance with law and supported by evidence on the record of this inquiry. No other party filed comments. DATES: Effective Date: February 25, 2013. FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1655. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 4, 2012, the Department published the Preliminary Determination finding that imports from the PRC of steel threaded rod products with 1.25 percent or more chromium, by weight, produced by Gem-Year Industrial Co. Ltd. (‘‘Gem-Year’’), and otherwise meeting the description of inscope merchandise, are subject to the 1 See Certain Steel Threaded Rod From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 77 FR 71776 (December 4, 2012) (‘‘Preliminary Determination’’). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 order.2 We invited interested parties to comment on the Preliminary Determination. The only party to comment was Petitioner, who agreed that the Preliminary Determination is in accordance with law and supported by evidence on the record of this inquiry. The Department has conducted this anticircumvention inquiry in accordance with section 781(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.225. Scope of the Order The merchandise covered by the order 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 the order 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 the order 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 two 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 7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the United States Harmonized Tariff Schedule (‘‘HTSUS’’). Although the 2 See Preliminary Determination; see also Certain Steel Threaded Rod from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 2009). E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive. Excluded from the scope of the order 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. Scope of the Circumvention Inquiry The merchandise subject to this circumvention inquiry consists of steel threaded rod from the PRC produced by Gem-Year containing greater than 1.25 percent chromium, by weight, and otherwise meeting the requirements of the scope of the order as listed under the ‘‘Scope of the Order’’ section above. In the Preliminary Determination, the Department found that imports from the PRC of steel threaded rod containing greater than 1.25 percent chromium, by weight, produced by Gem-Year, and otherwise meeting the description of inscope merchandise, are subject to the antidumping duty order on steel threaded rod from the PRC. We continue to determine that imports from the PRC of steel threaded rod containing greater than 1.25 percent chromium, by weight, produced by Gem-Year, and otherwise meeting the description of in-scope merchandise, are subject to the antidumping duty order on steel threaded rod from the PRC. The Department will issue appropriate instructions to U.S. Customs and Border Protection (‘‘CBP’’) based on our final determination. mstockstill on DSK4VPTVN1PROD with NOTICES Continuation of Suspension of Liquidation In accordance with 19 CFR 351.225(l)(3), we are directing CBP to continue to suspend liquidation of entries of merchandise subject to this inquiry produced by Gem-Year, and entered, or withdrawn from warehouse, for consumption on or after January 5, 2012, the date of the initiation of this inquiry. We will also instruct CBP to require a cash deposit of estimated duties at the applicable rates for each unliquidated entry of the product entered, or withdrawn from warehouse, for consumption on or after January 5, 2012, the date of the initiation of this inquiry, in accordance with 19 CFR 351.225(l)(3). 17:22 Feb 22, 2013 Dated: February 13, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–04151 Filed 2–22–13; 8:45 am] BILLING CODE 3510–DS–P Final Determination VerDate Mar<15>2010 Notifications This notice serves as a reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this affirmative final determination of circumvention in accordance with sections 781(c) and 777(i) of the Act and 19 CFR 351.225. Jkt 229001 12719 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202– 482–5876, email: tricia.vanorden@trade.gov. SUPPLEMENTARY INFORMATION: Background: The President’s Export Council was first established by Executive Order on December 20, 1973 to advise the President on matters relating to U.S. export trade and report to the President on its activities and on its recommendations for expanding U.S. exports. The President’s Export Council was renewed most recently by Executive Order 13585 of September 30, 2011, for the two-year period ending September 30, 2013. This Committee is established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. Public Submissions: The public is invited to submit written statements to the President’s Export Council by C.O.B. March 8, 2013 by either of the following methods: DEPARTMENT OF COMMERCE Electronic Submissions International Trade Administration Submit statements electronically to Tricia Van Orden, Executive Secretary, President’s Export Council via email: tricia.vanorden@trade.gov. President’s Export Council: Meeting of the President’s Export Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an Open Meeting. AGENCY: The President’s Export Council will hold a meeting to deliberate on recommendations related to promoting the expansion of U.S. exports. Topics may include the Administration’s ‘‘Doing Business in Africa’’ campaign, the need for nominations to the U.S. Export-Import Bank Board of Directors, a rapid response mechanism for sanitary and phytosanitary issues in the Trans-Pacific Partnership Agreement, an international services agreement, bilateral investment treaties, U.S.–Canada trade facilitation, the UNIDROIT Cape Town Convention on International Interests in Mobile Equipment, and workforce readiness. The final agenda will be posted at least one week in advance of the meeting on the President’s Export Council Web site at http://trade.gov/pec. DATES: March 12, 2013 at 9:30 a.m. (ET). ADDRESSES: The President’s Export Council meeting will be broadcast via live webcast on the Internet at http:// whitehouse.gov/live. FOR FURTHER INFORMATION CONTACT: Tricia Van Orden, Executive Secretary, President’s Export Council, Room 4043, SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 Paper Submissions Send paper statements to Tricia Van Orden, Executive Secretary, President’s Export Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230. Statements will be posted on the President’s Export Council Web site (http://trade.gov/pec) without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make publicly available. Meeting minutes: Copies of the Council’s meeting minutes will be available within ninety (90) days of the meeting. Dated: February 21, 2013. Tricia Van Orden, Executive Secretary, President’s Export Council. [FR Doc. 2013–04381 Filed 2–22–13; 8:45 am] BILLING CODE 3510–DR–P E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12718-12719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04151]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order

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

SUMMARY: On December 4, 2012, the Department of Commerce (the 
``Department'') published the Preliminary Determination of the 
circumvention inquiry concerning the antidumping duty order on certain 
steel threaded rod (``steel threaded rod'') from the People's Republic 
of China (``PRC'').\1\ The period of inquiry is April 1, 2010, through 
January 11, 2012. We gave interested parties an opportunity to comment 
on the Preliminary Determination. On December 31, 2012, Vulcan Threaded 
Products, Inc. (``Petitioner'') filed comments agreeing that the 
Department's Preliminary Determination is in accordance with law and 
supported by evidence on the record of this inquiry. No other party 
filed comments.
---------------------------------------------------------------------------

    \1\ See Certain Steel Threaded Rod From the People's Republic of 
China: Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order, 77 FR 71776 (December 4, 2012) 
(``Preliminary Determination'').

---------------------------------------------------------------------------
DATES: Effective Date: February 25, 2013.

FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-1655.

SUPPLEMENTARY INFORMATION:

Background

    On December 4, 2012, the Department published the Preliminary 
Determination finding that imports from the PRC of steel threaded rod 
products with 1.25 percent or more chromium, by weight, produced by 
Gem-Year Industrial Co. Ltd. (``Gem-Year''), and otherwise meeting the 
description of in-scope merchandise, are subject to the order.\2\ We 
invited interested parties to comment on the Preliminary Determination. 
The only party to comment was Petitioner, who agreed that the 
Preliminary Determination is in accordance with law and supported by 
evidence on the record of this inquiry. The Department has conducted 
this anticircumvention inquiry in accordance with section 781(c) of the 
Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.225.
---------------------------------------------------------------------------

    \2\ See Preliminary Determination; see also Certain Steel 
Threaded Rod from the People's Republic of China: Notice of 
Antidumping Duty Order, 74 FR 17154 (April 14, 2009).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order 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 the order 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 the order 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 two 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 
7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the 
United States Harmonized Tariff Schedule (``HTSUS''). Although the

[[Page 12719]]

HTSUS subheading is provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.
    Excluded from the scope of the order 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.

Scope of the Circumvention Inquiry

    The merchandise subject to this circumvention inquiry consists of 
steel threaded rod from the PRC produced by Gem-Year containing greater 
than 1.25 percent chromium, by weight, and otherwise meeting the 
requirements of the scope of the order as listed under the ``Scope of 
the Order'' section above.

Final Determination

    In the Preliminary Determination, the Department found that imports 
from the PRC of steel threaded rod containing greater than 1.25 percent 
chromium, by weight, produced by Gem-Year, and otherwise meeting the 
description of in-scope merchandise, are subject to the antidumping 
duty order on steel threaded rod from the PRC. We continue to determine 
that imports from the PRC of steel threaded rod containing greater than 
1.25 percent chromium, by weight, produced by Gem-Year, and otherwise 
meeting the description of in-scope merchandise, are subject to the 
antidumping duty order on steel threaded rod from the PRC. The 
Department will issue appropriate instructions to U.S. Customs and 
Border Protection (``CBP'') based on our final determination.

Continuation of Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), we are directing CBP to 
continue to suspend liquidation of entries of merchandise subject to 
this inquiry produced by Gem-Year, and entered, or withdrawn from 
warehouse, for consumption on or after January 5, 2012, the date of the 
initiation of this inquiry. We will also instruct CBP to require a cash 
deposit of estimated duties at the applicable rates for each 
unliquidated entry of the product entered, or withdrawn from warehouse, 
for consumption on or after January 5, 2012, the date of the initiation 
of this inquiry, in accordance with 19 CFR 351.225(l)(3).

Notifications

    This notice serves as a reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this affirmative final determination 
of circumvention in accordance with sections 781(c) and 777(i) of the 
Act and 19 CFR 351.225.

    Dated: February 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04151 Filed 2-22-13; 8:45 am]
BILLING CODE 3510-DS-P