Steel Threaded Rod From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 76815-76817 [2013-30113]
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices
necessary to prevent evasion of the
Order.
IV. This Order is effective
immediately and shall remain in effect
until October 3, 2017.
V. In accordance with Part 756 of the
Regulations, Mahalaty may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
VI. A copy of this Order shall be
delivered to the Mahalaty. This Order
shall be published in the Federal
Register.
Issued this 13th day of December 2013.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2013–30211 Filed 12–18–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–997, C–580–873, C–583–852]
Non-Oriented Electrical Steel From the
People’s Republic of China, the
Republic of Korea, and Taiwan:
Postponement of Preliminary
Determinations in the Countervailing
Duty Investigations
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Austin Redington at (202) 482–1664 or
Nancy Decker at (202) 482–0196, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with NOTICES
Background
On November 6, 2013, the Department
of Commerce (the Department) initiated
countervailing duty investigations on
non-oriented electrical steel (NOES)
from the People’s Republic of China, the
Republic of Korea, and Taiwan.1
Currently, the preliminary
determinations are due no later than
January 10, 2013.
1 See Non-Oriented Electrical Steel from the
People’s Republic of China, the Republic of Korea,
and Taiwan: Initiation of Countervailing Duty
Investigations, 78 FR 68412 (November 14, 2013).
16:41 Dec 18, 2013
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Dated: December 13, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2013–30262 Filed 12–18–13; 8:45 am]
BILLING CODE 3510–DS–P
FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
Postponement of Due Date for
Preliminary Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, if the
petitioner makes a timely request for a
postponement, section 703(c)(1)(A) of
the Act allows the Department to
postpone making the preliminary
determination until no later than 130
days after the date on which the
administering authority initiated the
investigation.
On November 26, 2013, AK Steel
Corporation, the petitioner in these
investigations, requested that the
deadline for the preliminary
determination in each of these cases be
postponed in accordance with 19 CFR
351.205(b)(2). Therefore, in accordance
with section 703(c)(1)(A) of the Act, we
are fully postponing the due date for the
preliminary determinations to no later
than 130 days after the day on which
the investigations were initiated.
However, as that date falls on a Sunday
(i.e., March 16, 2014), the deadline for
completion of the preliminary
determinations is now March 17, 2014,
the next business day.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–856]
Steel Threaded Rod From India:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of steel
threaded rod from India. The period of
investigation (‘‘POI’’) is January 1, 2012,
through December 31, 2012. For
AGENCY:
PO 00000
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76815
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
DATES: Effective Date: December 19,
2013.
FOR FURTHER INFORMATION CONTACT:
Brooke Kennedy, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3818.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this
investigation is steel threaded rod. Steel
threaded rod is certain threaded rod,
bar, or studs, of carbon quality steel,
having a solid, circular cross section, of
any diameter, in any straight length, that
have been forged, turned, cold-drawn,
cold-rolled, machine straightened, or
otherwise cold-finished, and into which
threaded grooves have been applied. In
addition, the steel threaded rod, bar, or
studs subject to this investigation are
non-headed and threaded along greater
than 25 percent of their total length. A
variety of finishes or coatings, such as
plain oil finish as a temporary rust
protectant, zinc coating (i.e., galvanized,
whether by electroplating or hotdipping), paint, and other similar
finishes and coatings, may be applied to
the merchandise. For a complete
description of the scope of the
investigation, see Appendix 1 to this
notice.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (‘‘the Act’’). For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.1 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
1 See Memorandum from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Decision
Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation on Steel
Threaded Rod from India,’’ dated concurrently with
this notice (‘‘Preliminary Decision Memorandum’’).
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individually
investigated producer/exporter of the
subject merchandise. Sections 703(d)
and 705(c)(5)(A) of the Act state that for
companies not individually
investigated, we will determine an allothers rate by weighting the individual
company subsidy rate of each of the
companies investigated by each
company’s exports of subject
merchandise to the United States.
However, the all-others rate may not
include zero and de minimis rates or
any rates based solely on the facts
available. In this investigation, the only
rate that is not de minimis or based
entirely on facts available is the rate
calculated for Mangal Steel Enterprises
Ltd. (‘‘Mangal’’). Accordingly, the rate
calculated for Mangal is also assigned as
the all-others rate. For further
information, see the Preliminary
Decision Memorandum.
Use of Facts Otherwise Available—
Babu Exports (‘‘Babu’’)
Babu is a producer/exporter that was
selected for investigation. On September
6, 2013, the Department issued a
questionnaire to Babu and confirmed
that Babu received the questionnaire.2
Babu never responded to the
Department’s questionnaire.
Sections 776(a)(1) and (2) of the Act
provide that the Department shall apply
‘‘facts otherwise available’’ if, inter alia,
necessary information is not on the
record or an interested party or any
other person: (A) Withholds information
that has been requested; (B) fails to
provide information within the
deadlines established, or in the form
and manner requested by the
Department, subject to subsections (c)(1)
and (e) of section 782 of the Act; (C)
significantly impedes a proceeding; or
(D) provides information that cannot be
verified as provided by section 782(i) of
the Act.
Babu did not provide any of the
information requested by the
Department that is necessary to
determine a CVD rate for this
preliminary determination. As a result,
2 See the Department’s memorandum, ‘‘Babu
Exports Original Questionnaire Delivery
Confirmation,’’ dated September 14, 2013.
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16:41 Dec 18, 2013
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we have none of the data necessary to
calculate a subsidy rate for Babu.
Accordingly, in reaching our
preliminary determination, pursuant to
section 776(a)(2)(A) and (C) of the Act,
we have based Babu’s CVD rate on facts
otherwise available.
Section 776(b) of the Act provides
that the Department may use an adverse
inference in applying the facts
otherwise available when a party has
failed to cooperate by not acting to the
best of its ability to comply with a
request for information. Section 776(b)
of the Act also authorizes the
Department to use as adverse facts
available (‘‘AFA’’) information derived
from the petition, the final
determination, a previous
administrative review, or other
information placed on the record.
The Department preliminarily
determines that an adverse inference is
warranted, pursuant to section 776(b) of
the Act because, by not responding to
our requests for information, Babu failed
to cooperate by not acting to the best of
its ability. Accordingly, our preliminary
determination is based on AFA. For
further information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Selection of the Adverse Facts
Available Rate
In CVD proceedings, the Department
computes a total AFA rate for the noncooperating company using the highest
calculated program-specific rates
determined for the cooperating
respondents in the instant investigation,
or, if not available, rates calculated in
prior CVD cases involving the same
country.3 Specifically, the Department
applies the highest calculated rate for
the identical program in the
investigation if a responding company
used the identical program, and the rate
is not zero.4 If there is no identical
program match within the investigation,
or if the rate is zero, the Department
uses the highest non-de minimis rate
3 See, e.g., Certain Tow-Behind Lawn Groomers
and Certain Parts Thereof from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 73 FR
70971, 70975 (November 24, 2008) (unchanged in
Certain Tow-Behind Lawn Groomers and Certain
Parts Thereof From the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination, 74 FR 29180, (June 19, 2009), and
accompanying Issues and Decision Memorandum at
‘‘Application of Facts Available, Including the
Application of Adverse Inferences’’).
4 There is an exception to this approach for
income tax exemption and reduction programs;
however, since there are no such programs in this
investigation, the exception is not applicable here.
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Fmt 4703
Sfmt 4703
calculated for the same or similar
program (based on treatment of benefit)
in another CVD proceeding involving
the same country. Absent an above de
minimis subsidy rate calculated for the
same or similar program in the same
country, the Department applies the
highest calculated subsidy rate for any
program otherwise identified in a CVD
case involving the same county that
could be used by the non-cooperating
company.5
For a discussion of the application of
the individual AFA rates for programs
preliminarily determined to be
countervailable, see Preliminary
Decision Memorandum.
Corroboration of Secondary
Information
Section 776(c) of the Act provides
that, when the Department relies on
secondary information rather than on
information obtained in the course of an
investigation or review, it shall, to the
extent practicable, corroborate that
information from independent sources
that are reasonably at its disposal. In the
instant case, the Department
preliminarily finds that the information
used has been corroborated to the extent
practicable. For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Alignment of Final Determination
On July 29, 2013, the Department
initiated an antidumping (‘‘AD’’)
investigation concurrent with this CVD
investigation of steel threaded rod.6 The
scope of the merchandise being covered
is the same for both the AD and CVD
investigations. On December 11, 2013,
Petitioners submitted a letter, in
accordance with section 705(a)(1) of the
Act, requesting alignment of the final
CVD determination with the final
determination in the companion AD
investigation. Therefore, in accordance
with section 705(a)(1) of the Act and 19
CFR 351.210(b)(4), the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued on April 28,
2014.
5 See, e.g., Aluminum Extrusions From the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 76 FR 18521,
(April 4, 2011), and accompanying Issues and
Decision Memorandum at ‘‘Application of Adverse
Inferences: Non-Cooperative Companies.’’
6 See Steel Threaded Rod from India and
Thailand: Initiation of Antidumping Duty
Investigations, 78 FR 44526 (July 24, 2013).
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices
Preliminary Determination and
Suspension of Liquidation
We preliminarily determine the
countervailable subsidy rates to be:
Company
Subsidy rate
(percent)
Mangal Steel Enterprises Ltd.
(‘‘Mangal’’) .............................
Babu Exports (‘‘Babu’’) .............
All Others ..................................
8.13
38.98
8.13
In accordance with sections
703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of steel threaded rod from India
that are entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of this notice
in the Federal Register, and to require
a cash deposit for such entries of the
merchandise in the amounts indicated
above.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of public announcement of this
determination.7 Interested parties may
submit case and rebuttals briefs.8 For a
schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing
request, see the Preliminary
Determination Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: December 11, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
emcdonald on DSK67QTVN1PROD with NOTICES
Appendix 1
Scope of the Investigation
The merchandise covered by this
investigation is steel threaded rod. Steel
threaded rod is certain threaded rod, bar, or
studs, of carbon quality steel, having a solid,
circular cross section, of any diameter, in any
straight length, that have been forged, turned,
cold-drawn, cold-rolled, machine
straightened, or otherwise cold-finished, and
into which threaded grooves have been
applied. In addition, the steel threaded rod,
bar, or studs subject to this investigation are
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 this investigation
are steel threaded rod, bar, or studs, in
which: (1) Iron predominates, by weight, over
each of the other contained elements; (2) the
carbon content is 2 percent or less, by weight;
and (3) none of the elements listed below
exceeds the quantity, by weight, respectively
indicated:
• 1.80 percent of manganese, or
• 1.50 percent of silicon, or
• 1.00 percent of copper, or
• 0.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 1.25 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.012 percent of boron, or
• 0.10 percent of molybdenum, or
• 0.10 percent of niobium, or
• 0.41 percent of titanium, or
• 0.15 percent of vanadium, or
• 0.15 percent of zirconium.
Steel threaded rod is currently classifiable
under 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 this
investigation are: (a) Threaded rod, bar, or
studs which are threaded only on one or both
ends and the threading covers 25 percent or
less of the total length; and (b) threaded rod,
bar, or studs made to American Society for
Testing and Materials (‘‘ASTM’’) A193 Grade
B7, ASTM A193 Grade B7M, ASTM A193
Grade B16, and ASTM A320 Grade L7.
Appendix 2
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Subsidies Valuation
5. Use of Facts Otherwise Available
6. Analysis of Programs
7. Calculation of the All Others Rate
8. ITC Notification
9. Disclosure and Public Comment
10. Verification
[FR Doc. 2013–30113 Filed 12–18–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Limitation of Duty-Free Imports of
Apparel Articles Assembled in Haiti
Under the Haitian Hemispheric
Opportunity Through Partnership for
Encouragement Act (HOPE)
International Trade
Administration, Department of
Commerce.
AGENCY:
7 See
19 CFR 351.224(b).
8 See 19 CFR 351.309.
VerDate Mar<15>2010
16:41 Dec 18, 2013
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76817
Notification of Annual
Quantitative Limit on Certain Apparel
under HOPE.
ACTION:
DATES:
Effective Date: December 20,
2013.
FOR FURTHER INFORMATION CONTACT:
Maria Dybczak, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–3651.
SUPPLEMENTARY INFORMATION:
Authority: The Caribbean Basin Recovery
Act (‘‘CBERA’’), as amended by the Haitian
Hemispheric Opportunity Through
Partnership for Encouragement Act of 2006
(‘‘HOPE’’), Title V of the Tax Relief and
Health Care Act of 2006 and the Food,
Conservation, and Energy Act of 2008
(‘‘HOPE II’’); the Haiti Economic Lift Program
Act of 2010 (‘‘HELP’’); and implemented by
Presidential Proclamations No. 8114, 72 FR
13655, 13659 (March 22, 2007), and No.
8596, 75 FR 68,153 (November 4, 2010).
HOPE provides for duty-free
treatment for certain apparel articles
imported directly from Haiti. Section
213A(b)(1)(B) of HOPE outlines the
requirements for certain apparel articles
to qualify for duty-free treatment under
a ‘‘value-added’’ program. In order to
qualify for duty-free treatment, apparel
articles must be wholly assembled, or
knit-to-shape, in Haiti from any
combination of fabrics, fabric
components, components knit-to-shape,
and yarns, as long as the sum of the cost
or value of materials produced in Haiti
or one or more countries, as described
in HOPE, or any combination thereof,
plus the direct costs of processing
operations performed in Haiti or one or
more countries, as described in HOPE,
or any combination thereof, is not less
than an applicable percentage of the
declared customs value of such apparel
articles. Pursuant to HELP, the
applicable percentage for the period
December 20, 2013 through December
19, 2014, is 50 percent or more.
For every twelve month period
following the effective date of HOPE,
duty-free treatment under the valueadded program is subject to a
quantitative limitation. HOPE provides
that the quantitative limitation will be
recalculated for each subsequent 12month period. Section 213A(b)(1)(C) of
HOPE, as amended by HOPE II and
HELP, requires that, for the twelvemonth period beginning on December
20, 2013, the quantitative limitation for
qualifying apparel imported from Haiti
under the value-added program will be
an amount equivalent to 1.25 percent of
the aggregate square meter equivalent of
all apparel articles imported into the
United States in the most recent 12month period for which data are
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]]>Agencies
[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76815-76817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30113]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-856]
Steel Threaded Rod From India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final Determination
With Final Antidumping Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of steel threaded rod from India. The period of
investigation (``POI'') is January 1, 2012, through December 31, 2012.
For information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice.
DATES: Effective Date: December 19, 2013.
FOR FURTHER INFORMATION CONTACT: Brooke Kennedy, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3818.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation is steel threaded
rod. Steel threaded rod is certain threaded rod, bar, or studs, of
carbon quality steel, having a solid, circular cross section, of any
diameter, in any straight length, that have been forged, turned, cold-
drawn, cold-rolled, machine straightened, or otherwise cold-finished,
and into which threaded grooves have been applied. In addition, the
steel threaded rod, bar, or studs subject to this investigation are
non-headed and threaded along greater than 25 percent of their total
length. A variety of finishes or coatings, such as plain oil finish as
a temporary rust protectant, zinc coating (i.e., galvanized, whether by
electroplating or hot-dipping), paint, and other similar finishes and
coatings, may be applied to the merchandise. For a complete description
of the scope of the investigation, see Appendix 1 to this notice.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (``the Act''). For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.\1\ The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, room 7046 of the main Department of
[[Page 76816]]
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for the Preliminary Determination in the Countervailing
Duty Investigation on Steel Threaded Rod from India,'' dated
concurrently with this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. Sections 703(d) and 705(c)(5)(A)
of the Act state that for companies not individually investigated, we
will determine an all-others rate by weighting the individual company
subsidy rate of each of the companies investigated by each company's
exports of subject merchandise to the United States. However, the all-
others rate may not include zero and de minimis rates or any rates
based solely on the facts available. In this investigation, the only
rate that is not de minimis or based entirely on facts available is the
rate calculated for Mangal Steel Enterprises Ltd. (``Mangal'').
Accordingly, the rate calculated for Mangal is also assigned as the
all-others rate. For further information, see the Preliminary Decision
Memorandum.
Use of Facts Otherwise Available--Babu Exports (``Babu'')
Babu is a producer/exporter that was selected for investigation. On
September 6, 2013, the Department issued a questionnaire to Babu and
confirmed that Babu received the questionnaire.\2\ Babu never responded
to the Department's questionnaire.
---------------------------------------------------------------------------
\2\ See the Department's memorandum, ``Babu Exports Original
Questionnaire Delivery Confirmation,'' dated September 14, 2013.
---------------------------------------------------------------------------
Sections 776(a)(1) and (2) of the Act provide that the Department
shall apply ``facts otherwise available'' if, inter alia, necessary
information is not on the record or an interested party or any other
person: (A) Withholds information that has been requested; (B) fails to
provide information within the deadlines established, or in the form
and manner requested by the Department, subject to subsections (c)(1)
and (e) of section 782 of the Act; (C) significantly impedes a
proceeding; or (D) provides information that cannot be verified as
provided by section 782(i) of the Act.
Babu did not provide any of the information requested by the
Department that is necessary to determine a CVD rate for this
preliminary determination. As a result, we have none of the data
necessary to calculate a subsidy rate for Babu. Accordingly, in
reaching our preliminary determination, pursuant to section
776(a)(2)(A) and (C) of the Act, we have based Babu's CVD rate on facts
otherwise available.
Section 776(b) of the Act provides that the Department may use an
adverse inference in applying the facts otherwise available when a
party has failed to cooperate by not acting to the best of its ability
to comply with a request for information. Section 776(b) of the Act
also authorizes the Department to use as adverse facts available
(``AFA'') information derived from the petition, the final
determination, a previous administrative review, or other information
placed on the record.
The Department preliminarily determines that an adverse inference
is warranted, pursuant to section 776(b) of the Act because, by not
responding to our requests for information, Babu failed to cooperate by
not acting to the best of its ability. Accordingly, our preliminary
determination is based on AFA. For further information, see ``Use of
Facts Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
Selection of the Adverse Facts Available Rate
In CVD proceedings, the Department computes a total AFA rate for
the non-cooperating company using the highest calculated program-
specific rates determined for the cooperating respondents in the
instant investigation, or, if not available, rates calculated in prior
CVD cases involving the same country.\3\ Specifically, the Department
applies the highest calculated rate for the identical program in the
investigation if a responding company used the identical program, and
the rate is not zero.\4\ If there is no identical program match within
the investigation, or if the rate is zero, the Department uses the
highest non-de minimis rate calculated for the same or similar program
(based on treatment of benefit) in another CVD proceeding involving the
same country. Absent an above de minimis subsidy rate calculated for
the same or similar program in the same country, the Department applies
the highest calculated subsidy rate for any program otherwise
identified in a CVD case involving the same county that could be used
by the non-cooperating company.\5\
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\3\ See, e.g., Certain Tow-Behind Lawn Groomers and Certain
Parts Thereof from the People's Republic of China: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Countervailing Duty Determination with Final Antidumping Duty
Determination, 73 FR 70971, 70975 (November 24, 2008) (unchanged in
Certain Tow-Behind Lawn Groomers and Certain Parts Thereof From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination, 74 FR 29180, (June 19, 2009), and accompanying Issues
and Decision Memorandum at ``Application of Facts Available,
Including the Application of Adverse Inferences'').
\4\ There is an exception to this approach for income tax
exemption and reduction programs; however, since there are no such
programs in this investigation, the exception is not applicable
here.
\5\ See, e.g., Aluminum Extrusions From the People's Republic of
China: Final Affirmative Countervailing Duty Determination, 76 FR
18521, (April 4, 2011), and accompanying Issues and Decision
Memorandum at ``Application of Adverse Inferences: Non-Cooperative
Companies.''
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For a discussion of the application of the individual AFA rates for
programs preliminarily determined to be countervailable, see
Preliminary Decision Memorandum.
Corroboration of Secondary Information
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation or review, it shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. In the instant case, the Department
preliminarily finds that the information used has been corroborated to
the extent practicable. For further information, see ``Use of Facts
Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
Alignment of Final Determination
On July 29, 2013, the Department initiated an antidumping (``AD'')
investigation concurrent with this CVD investigation of steel threaded
rod.\6\ The scope of the merchandise being covered is the same for both
the AD and CVD investigations. On December 11, 2013, Petitioners
submitted a letter, in accordance with section 705(a)(1) of the Act,
requesting alignment of the final CVD determination with the final
determination in the companion AD investigation. Therefore, in
accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4),
the final CVD determination will be issued on the same date as the
final AD determination, which is currently scheduled to be issued on
April 28, 2014.
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\6\ See Steel Threaded Rod from India and Thailand: Initiation
of Antidumping Duty Investigations, 78 FR 44526 (July 24, 2013).
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[[Page 76817]]
Preliminary Determination and Suspension of Liquidation
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Mangal Steel Enterprises Ltd. (``Mangal'')................. 8.13
Babu Exports (``Babu'').................................... 38.98
All Others................................................. 8.13
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of steel threaded rod from India that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of the merchandise in the amounts
indicated above.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of public announcement of this
determination.\7\ Interested parties may submit case and rebuttals
briefs.\8\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing request, see the Preliminary Determination
Memorandum.
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309.
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: December 11, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix 1
Scope of the Investigation
The merchandise covered by this investigation is steel threaded
rod. Steel threaded rod is certain threaded rod, bar, or studs, of
carbon quality steel, having a solid, circular cross section, of any
diameter, in any straight length, that have been forged, turned,
cold-drawn, cold-rolled, machine straightened, or otherwise cold-
finished, and into which threaded grooves have been applied. In
addition, the steel threaded rod, bar, or studs subject to this
investigation are 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 this investigation are steel threaded
rod, bar, or studs, in which: (1) Iron predominates, by weight, over
each of the other contained elements; (2) the carbon content is 2
percent or less, by weight; and (3) none of the elements listed
below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
1.50 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.012 percent of boron, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.41 percent of titanium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
Steel threaded rod is currently classifiable under 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 this investigation are: (a) Threaded
rod, bar, or studs which are threaded only on one or both ends and
the threading covers 25 percent or less of the total length; and (b)
threaded rod, bar, or studs made to American Society for Testing and
Materials (``ASTM'') A193 Grade B7, ASTM A193 Grade B7M, ASTM A193
Grade B16, and ASTM A320 Grade L7.
Appendix 2
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Subsidies Valuation
5. Use of Facts Otherwise Available
6. Analysis of Programs
7. Calculation of the All Others Rate
8. ITC Notification
9. Disclosure and Public Comment
10. Verification
[FR Doc. 2013-30113 Filed 12-18-13; 8:45 am]
BILLING CODE 3510-DS-P
