Steel Threaded Rod From India and Thailand: Initiation of Antidumping Duty Investigations, 44526-44531 [2013-17794]
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices
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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).
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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
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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.
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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).
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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.
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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.
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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.
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8 See
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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.
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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.
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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
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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
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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.
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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.
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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 https://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
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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:
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16:35 Jul 23, 2013
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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
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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
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]]>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\
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\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.
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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.
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\18\ See India AD Initiation Checklist.
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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\
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\19\ See Thailand AD Initiation Checklist.
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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\
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\20\ See India AD Initiation Checklist.
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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\
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\21\ See SAA, H.R. Doc. No. 103-316 at 833 (1994).
\22\ Id.
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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\
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\23\ Id.
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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\
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\24\ See India AD Initiation Checklist.
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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\
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\25\ See India AD Initiation Checklist.
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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\
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\26\ See Thailand AD Initiation Checklist.
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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.
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\27\ See India AD Initiation Checklist.
\28\ See Thailand AD Initiation Checklist.
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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\
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\29\ See Volume I of the Petitions at Exhibit I-5.
\30\ Id., at Exhibit I-6.
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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 https://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.
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\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).
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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
