Steel Threaded Rod from India: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 9164-9167 [2014-03483]
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Notices
steel threaded rod from India. We will
make a final determination concerning
critical circumstances for steel threaded
rod from India when we make our final
countervailable subsidy determination
in this investigation. As provided in
section 782(i)(1) of the Act, we intend
to verify the information submitted in
response to the Department’s
questionnaires.
Suspension of Liquidation
In accordance with section
703(e)(2)(A) of the Act, we are directing
U.S. Customs and Border Protection to
suspend liquidation, with regards to all
exporters except Mangal Steel, of any
unliquidated entries of subject
merchandise from the India entered, or
withdrawn from warehouse for
consumption, on or after September 20,
2013, which is 90 days prior to the date
of publication of the Preliminary
Determination in the Federal Register.
ITC Notification
In accordance with section 703(f) of
the Act, we will notify the ITC of our
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act.
Dated: February 7, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–03490 Filed 2–14–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–855]
Steel Threaded Rod from India:
Preliminary Determination of Sales at
Less Than Fair Value, Affirmative
Preliminary Determination of Critical
Circumstances, in Part, and
Postponement of Final Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that steel threaded rod from
India is being, or is likely to be, sold in
the United States at less than fair value
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(the ‘‘Act’’). The period of investigation
(‘‘POI’’) is April 1, 2012, through March
31, 2013. The estimated weightedaverage dumping margins of sales at
LTFV are listed in the ‘‘Preliminary
Determination’’ section of this notice.
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AGENCY:
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Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective Date: February 18,
2014.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Raquel Silva, 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) 482–4474 or (202) 482–
6475.
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 I to this
notice.
Postponement of Final Determination
Pursuant to section 735(a)(2) of the
Act, on December 13, 2013, and
December 18, 2013, Petitioners 1 and
Mangal Steel Enterprises Limited
(‘‘Mangal’’), one of the mandatory
respondents in this proceeding,
respectively, requested that the
Department postpone the final
determination.2 In accordance with
section 733(d) of the Act and 19 CFR
351.210(b), because (1) our preliminary
determination is affirmative, (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise, and (3) no
1 The petition was filed by All America Threaded
Products Inc., Bay Standard Manufacturing Inc.,
and Vulcan Threaded Products Inc. (‘‘Petitioners’’).
2 See Letter from Petitioners, ‘‘Antidumping Duty
Investigation of Steel Threaded Rod from India —
Petitioners’ Request for Extension of Time for Final
Determination,’’ dated December 13, 2013; and
Letter from Mangal, ‘‘Steel Threaded Rod from
India: Request for Extension of the Final
Determination and Provisional Measures,’’ dated
December 18, 2013.
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compelling reasons for denial exist, we
are granting the requests and are
postponing the final determination until
no later than 135 days after the
publication of the preliminary
determination notice in the Federal
Register. Suspension of liquidation will
be extended accordingly. The
Department is further extending the
application of the provisional measures
from a four-month period to a six-month
period.
Preliminary Determination of
Affiliation and Collapsing
Based on the evidence presented in
Mangal’s questionnaire responses, we
preliminarily find that Mangal and
Corona Steel Industries Private Limited
(‘‘Corona’’) are affiliated pursuant to
sections 771(33)(A) and (F) of the Act.3
Additionally, based on an analysis of
the principle/agent relationship
between Mangal and NASCO,4 a U.S.
trader/reseller of Mangal-produced
subject merchandise, we preliminarily
find Mangal and NASCO to be partners
and, thus, affiliated pursuant to section
771(33)(G) of the Act.5
In addition, based on the evidence
presented in the questionnaire
responses, we preliminarily find that
Mangal and Corona should not be
treated as a single entity for the
purposes of this investigation. This
3 See the Memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations entitled ‘‘Decision Memorandum for the
Preliminary Determination of the Antidumping
Duty Investigation of Steel Threaded Rod from
India’’ (‘‘Preliminary Decision Memorandum’’), and
Memorandum to the File, entitled, ‘‘Affiliation and
Collapsing, Mangal Steel Enterprises Limited and
Corona Steel Industries Private Limited,’’
(‘‘Affiliation and Collapsing Memorandum’’), each
dated concurrently with this notice.
4 The fact that NASCO is Mangal’s trader/reseller
was initially bracketed by Mangal and identified as
proprietary information. However, Mangal and
Petitioners subsequently disclosed this information
publicly on the record. See, e.g., Letter from
Mangal, ‘‘Steel Threaded Rod from India:
Supplemental Section A Response,’’ dated January
3, 2014, at 8 (stating: ‘‘or requiring Mangal to only
sell threaded rod in the United States through
NASCO.’’); see also Letter from Petitioners,
‘‘Antidumping Investigation of Steel Threaded Rod
from India — Petitioners’ Deficiency Comments on
Response of Mangal Steel to Section A of
Antidumping Duty Questionnaire,’’ dated October
30, 2013, at 4 (stating: ‘‘In researching shipments of
subject merchandise from Mangal Steel, Petitioners
found that Mangal Steel had a significant number
of shipments to a consignee called North American
Steel Connection (NASCO). . .’’ and ‘‘Based on a
general internet search regarding North American
Steel Connection, Petitioners found that NASCO
was a joint venture partner in another
company. . .’’). Once a party discloses its
information that was formerly given proprietary
treatment publicly, the Department no longer will
treat that information as proprietary on the
administrative record.
5 See Preliminary Decision Memorandum.
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finding is based on the determination
that the record does not demonstrate
significant potential for manipulation of
price or production between Mangal
and Corona pursuant to the criteria laid
out in 19 CFR 351.401(f). For further
discussion of the Department’s
affiliation and collapsing decision, see
the Affiliation and Collapsing
Memorandum. We note that we will
continue to actively consider the issue
of whether to treat Mangal and Corona
as a single entity for the purposes of the
final determination.
Methodology
The Department has conducted this
investigation in accordance with section
731 of the Act. Export prices (‘‘EPs’’)
have been calculated in accordance with
section 772 of the Act. Constructed
export prices (‘‘CEPs’’) have been
calculated in accordance with section
772(b) of the Act. Normal value (‘‘NV’’)
has been calculated in accordance with
section 773 of the Act. Because the
mandatory respondent, Babu Exports
(‘‘Babu’’), failed to respond to the
Department’s questionnaire, we have
preliminarily determined to apply
adverse facts available to this
respondent, in accordance with sections
776(a) and (b) of the Act and 19 CFR
351.308. The critical circumstances
allegation has been analyzed in
accordance with section 733(e)(1) of the
Act and 19 CFR 351.206.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum dated
concurrently with and hereby adopted
by this notice. 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
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
On January 10, 2014, Petitioners filed
a timely critical circumstances
allegation, pursuant to section 773(e)(1)
of the Act and 19 CFR 351.206(c)(1),
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alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.6 In
accordance with 19 CFR
351.206(c)(2)(i), when a critical
circumstances allegation is submitted
more than 20 days before the scheduled
date of the preliminary determination,
the Department must issue a
preliminary finding whether there is a
reasonable basis to believe or suspect
that critical circumstances exist no later
than the date of the preliminary
determination. We have conducted an
analysis of critical circumstances in
accordance with section 733(e) of the
Act and 19 CFR 351.206, and have
preliminarily determined that for
Mangal and All Others: (1) Importers
likely did not know that the exporter
was selling the merchandise under
consideration at LTFV and that there
was likely to be material injury in
accordance with section 733(e)(1)(A)(ii)
of the Act; and (2) imports of the subject
merchandise did not increase in
massive quantities over a relatively
short period in accordance with section
733(e)(1)(B) of the Act. For Babu, we
have applied facts available with an
adverse inference, and preliminarily
find that: (1) Importers knew or should
have known that the exporter was
selling the merchandise under
consideration at LTFV and that there
was likely to be material injury in
accordance with section 733(e)(1)(A)(ii)
of the Act; and (2) imports of the subject
merchandise have been massive over a
relatively short period in accordance
with section 733(e)(1)(B) of the Act. For
a full description of the methodology
and results of our analysis, please see
the Preliminary Decision Memorandum
and Critical Circumstances
Memorandum.7
Preliminary Determination
We preliminary determine the
weighted-average dumping margins are
as follows:
Producer or exporter
WeightedAverage
dumping margin
(percent)
Mangal Steel Enterprises
Limited ...............................
Babu Exports ........................
8.63
119.87
6 See letter from Petitioners, ‘‘Antidumping
Investigation of Steel Threaded Rod from India:
Petitioners’ Allegation of Critical Circumstances,’’
dated January 10, 2014.
7 See Memorandum to Melissa G. Skinner,
‘‘Antidumping Duty Investigation of Steel Threaded
Rod from India: Critical Circumstances Data and
Calculations for the Preliminary Determination,’’
dated concurrently with this notice (‘‘Critical
Circumstances Memorandum’’).
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Producer or exporter
All Others ..............................
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WeightedAverage
dumping margin
(percent)
8.63
All Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. Mangal is the
only respondent in this investigation for
which the Department calculated a
company-specific rate. Therefore, for
purposes of determining the ‘‘all others’’
rate and pursuant to section 735(c)(5)(A)
of the Act, we are using the weightedaverage dumping margin calculated for
Mangal, as referenced above.8
Disclosure and Public Comment
The Department intends to disclose to
parties the calculations performed in
connection with this preliminary
determination within five days of the
date of publication of this notice.9
Interested parties are invited to
comment on the preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance via IA ACCESS no later
than seven days after the date on which
the final verification report is issued in
this proceeding. Rebuttal briefs, the
content of which is limited to the issues
raised in the case briefs, must be filed
within five days from the deadline date
for the submission of case briefs.10 A list
of authorities used, a table of contents,
and an executive summary of issues
should accompany any briefs submitted
to the Department.11 Executive
summaries should be limited to five
pages total, including footnotes. As
noted above, interested parties who
wish to comment on the preliminary
determination must file briefs
8 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Stainless Steel Sheet and
Strip in Coils From Italy, 64 FR 30750, 30755 (June
8, 1999); and Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination: Coated Free Sheet Paper
from Indonesia, 72 FR 30753, 30757 (June 4, 2007),
unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: Coated Free Sheet
Paper from Indonesia, 72 FR 60636 (October 25,
2007).
9 See 19 CFR 351.224(b).
10 See 19 CFR 351.309(c), 19 CFR 351.309(d)(1),
and 19 CFR 351.309(d)(2).
11 See 19 CFR 351.309(c)(2).
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investigation is also subject to a
concurrent countervailing duty
investigation, we instruct CBP to require
a cash deposit 18 equal to the amount by
which the NV exceeds the EP or CEP,
less the amount of the countervailing
duty determined to constitute an export
subsidy.19 In this case, with regard to
Mangal and all other non-individually
reviewed companies, the preliminarily
calculated countervailing duty is
comprised entirely of export subsidies,
and, thus, we have offset the margin for
Mangal and ‘‘all others’’ by their
countervailing duty rate (i.e., 8.13
percent). For Babu, we offset the AFA
antidumping margin (i.e., 119.87
percent) by the countervailing duty rate
attributable to export subsidies (i.e.,
14.69 percent).20 21
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 22 equal to the
preliminary weighted-average amount
by which NV exceeds U.S. price, less
the amount of the countervailing duty
determined to constitute an export
subsidy, as indicated above, as follows:
(1) The rates will be 0.50 percent for
Mangal and 105.18 percent for Babu; (2)
if the exporter is not a firm identified in
this investigation, but the producer is,
the rate will be the rate established for
the producer of the subject
merchandise; (3) the rate for all other
producers or exporters will be 0.50
percent. These suspension of
liquidation instructions will remain in
effect until further notice.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (‘‘CBP’’) to
suspend liquidation of all entries of
steel threaded rod from India, as
described in the ‘‘Scope of the
Investigation’’ section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. In addition, because we have
preliminarily found critical
circumstances exist with regard to
exports by Babu, we will instruct CBP
to suspend liquidation of Babu’s
covered entries entered, or withdrawn
from warehouse, for consumption up to
90 days prior to the date of publication
of this notice in the Federal Register.17
Furthermore, consistent with our
practice, where the product under
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electronically using IA ACCESS.12 An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
In accordance with section 774 of the
Act, the Department will hold a hearing,
if timely requested, to afford interested
parties an opportunity to comment on
arguments raised in case or rebuttal
briefs, provided that such a hearing is
requested by an interested party.13
Interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using IA ACCESS, as
noted above. An electronically filed
request must be received successfully in
its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.14 Requests should contain the
following information: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of the issues to be discussed.15 If
a request for a hearing is made, we will
inform parties of the scheduled date for
the hearing which will be held at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.16 Parties should
confirm by telephone the date, time, and
location of the hearing.
U.S. International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
12 See 19 CFR 351.303 (for general filing
requirements).
13 See also 19 CFR 351.310.
14 See 19 CFR 351.310(c).
15 See id.
16 See 19 CFR 351.310.
17 See section 733(e)(2) of the Act.
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18 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
19 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Carbazole Violet Pigment
23 From India, 69 FR 67306, 67307 (November 17,
2004).
20 See Steel Threaded Rod From India:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Determination, 78 FR 76815 (December 19, 2013);
Memorandum entitled, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation on Steel
Threaded Rod from India,’’ dated December 11,
2013, at 20.
21 See Memorandum entitled ‘‘Preliminary
Determination Analysis Memorandum for Mangal
Steel Enterprises Limited,’’ dated concurrently with
this notice.
22 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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sales at LTFV. If our final determination
in this proceeding is affirmative, section
735(b)(2) of the Act requires that the ITC
make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of steel threaded rod
from India before the later of 120 days
after the date of this preliminary
determination or 45 days after our final
determination.
This determination is issued and
published pursuant to sections 733(f)
and 777(i)(1) of the Act and 19 CFR
351.205(c).
Dated: February 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
This determination is issued and
published pursuant to sections 733(f)
and 777(i)(1) of the Act and 19 CFR
351.205(c).
Dated: February 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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
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• 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 II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
a. Initiation
b. Period of Investigation
c. Postponement of Preliminary
Determination
d. Postponement of Final Determination
and Extension of Provisional Measures
e. Scope of the Investigation
f. Scope Comments
g. Respondent Selection
h. Application of Facts Available
i. Babu
j. Adverse Facts Available
k. Corroboration of Information
l. All Others Rate
m. Critical Circumstances
3. Discussion of the Methodology
a. Affiliation and Collapsing
b. Date of Sale
c. Fair Value Comparisons
d. Determination of Comparison Method
e. Results of the DP Analysis
f. Product Comparisons
g. Export Price
h. Constructed Export Price
i. Normal Value
j. Currency Conversion
k. Verification
l. International Trade Commission
Notification
4. Conclusion
[FR Doc. 2014–03483 Filed 2–14–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 130909789–4078–02]
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Cybersecurity Framework
National Institute of Standards
and Technology (NIST), Department of
Commerce.
ACTION: Notice.
AGENCY:
This notice announces the
issuance of the Cybersecurity
SUMMARY:
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20:58 Feb 14, 2014
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Framework (the ‘‘Cybersecurity
Framework’’ or ‘‘Framework’’). The
Framework was developed by NIST
using information collected through the
Request for Information (RFI) that was
published in the Federal Register on
February 26, 2013, a series of open
public workshops, and a 45-day public
comment period announced in the
Federal Register on October 29, 2013.
The Framework was developed in
response to NIST responsibilities
directed in Executive Order 13636,
‘‘Improving Critical Infrastructure
Cybersecurity’’ (‘‘Executive Order’’).
Under the Executive Order, the
Secretary of Commerce is tasked to
direct the Director of NIST to lead the
development of a framework to reduce
cyber risks to critical infrastructure. The
Framework consists of standards,
methodologies, procedures and
processes that align policy, business,
and technological approaches to address
cyber risks. The Framework is available
electronically from the NIST Web site
at: https://www.nist.gov/cyberframework.
The Cybersecurity Framework
was published on February 12, 2014.
DATES:
The Cybersecurity
Framework is available electronically
from the NIST Web site at: https://
www.nist.gov/cyberframework.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Diane Honeycutt, telephone: 301–975–
8443, National Institute of Standards
and Technology, 100 Bureau Drive, Stop
8930, Gaithersburg, MD 20899–8930 or
via email: diane.honeycutt@nist.gov.
Please direct media inquiries to NIST’s
Public Affairs Office at (301) 975–NIST.
The
national and economic security of the
United States depends on the reliable
functioning of critical infrastructure,1
which has become increasingly
dependent on information technology.
Recent trends demonstrate the need for
improved capabilities for defending
against malicious cyber activity. Such
activity is increasing, and its
consequences can range from theft
through disruption to destruction. Steps
must be taken to enhance existing
efforts to increase the protection and
resilience of this infrastructure, while
maintaining a cyber environment that
encourages efficiency, innovation, and
SUPPLEMENTARY INFORMATION:
1 For the purposes of this notice the term ‘‘critical
infrastructure’’ has the meaning given the term in
42 U.S.C. 5195c(e), ‘‘systems and assets, whether
physical or virtual, so vital to the United States that
the incapacity or destruction of such systems and
assets would have a debilitating impact on security,
national economic security, national public health
or safety, or any combination of those matters.’’
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economic prosperity, while protecting
privacy and civil liberties.
Under the Executive Order,2 the
Secretary of Commerce is tasked to
direct the Director of NIST to lead the
development of a framework to reduce
cyber risks to critical infrastructure (the
‘‘Cybersecurity Framework’’ or
‘‘Framework’’). The Cybersecurity
Framework consists of standards,
methodologies, procedures and
processes that align policy, business,
and technological approaches to address
cyber risks. Given the diversity of
sectors in critical infrastructure, the
Framework development process was
designed to initially identify crosssector security standards and guidelines
that are immediately applicable or likely
to be applicable to critical
infrastructure, to increase visibility and
adoption of those standards and
guidelines, and to find potential areas
for improvement (i.e., where standards/
guidelines are nonexistent or where
existing standards/guidelines are
inadequate) that need to be addressed
through future collaboration with
industry and industry-led standards
bodies. The Cybersecurity Framework
incorporates voluntary consensus
standards and industry best practices to
the fullest extent possible and is
consistent with voluntary international
consensus-based standards when such
international standards advance the
objectives of the Executive Order. The
Cybersecurity Framework is designed
for compatibility with existing
regulatory authorities and regulations.
The Cybersecurity Framework
provides a prioritized, flexible,
repeatable, performance-based, and
cost-effective approach, including
information security measures and
controls to help owners and operators of
critical infrastructure and other
interested entities to identify, assess,
and manage cybersecurity-related risk
while protecting business
confidentiality, individual privacy and
civil liberties. To enable technical
innovation and account for
organizational differences, the
Cybersecurity Framework does not
prescribe particular technological
solutions or specifications. It includes
guidance for measuring the performance
of an entity in implementing the
Cybersecurity Framework and includes
methodologies to identify and mitigate
impacts of the Framework and
associated information security
measures and controls on business
2 Exec. Order No. 13636, Improving Critical
Infrastructure Cybersecurity, 78 FR 11739 (February
19, 2013).
E:\FR\FM\18FEN1.SGM
18FEN1
]]>Agencies
[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9164-9167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03483]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-855]
Steel Threaded Rod from India: Preliminary Determination of Sales
at Less Than Fair Value, Affirmative Preliminary Determination of
Critical Circumstances, in Part, and Postponement of Final
Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that steel threaded rod from India is being, or is likely to
be, sold in the United States at less than fair value (``LTFV''), as
provided in section 733(b) of the Tariff Act of 1930, as amended (the
``Act''). The period of investigation (``POI'') is April 1, 2012,
through March 31, 2013. The estimated weighted-average dumping margins
of sales at LTFV are listed in the ``Preliminary Determination''
section of this notice. Interested parties are invited to comment on
this preliminary determination.
DATES: Effective Date: February 18, 2014.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Raquel Silva, 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) 482-4474
or (202) 482-6475.
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 I to this notice.
Postponement of Final Determination
Pursuant to section 735(a)(2) of the Act, on December 13, 2013, and
December 18, 2013, Petitioners \1\ and Mangal Steel Enterprises Limited
(``Mangal''), one of the mandatory respondents in this proceeding,
respectively, requested that the Department postpone the final
determination.\2\ In accordance with section 733(d) of the Act and 19
CFR 351.210(b), because (1) our preliminary determination is
affirmative, (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise, and (3) no compelling
reasons for denial exist, we are granting the requests and are
postponing the final determination until no later than 135 days after
the publication of the preliminary determination notice in the Federal
Register. Suspension of liquidation will be extended accordingly. The
Department is further extending the application of the provisional
measures from a four-month period to a six-month period.
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\1\ The petition was filed by All America Threaded Products
Inc., Bay Standard Manufacturing Inc., and Vulcan Threaded Products
Inc. (``Petitioners'').
\2\ See Letter from Petitioners, ``Antidumping Duty
Investigation of Steel Threaded Rod from India -- Petitioners'
Request for Extension of Time for Final Determination,'' dated
December 13, 2013; and Letter from Mangal, ``Steel Threaded Rod from
India: Request for Extension of the Final Determination and
Provisional Measures,'' dated December 18, 2013.
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Preliminary Determination of Affiliation and Collapsing
Based on the evidence presented in Mangal's questionnaire
responses, we preliminarily find that Mangal and Corona Steel
Industries Private Limited (``Corona'') are affiliated pursuant to
sections 771(33)(A) and (F) of the Act.\3\ Additionally, based on an
analysis of the principle/agent relationship between Mangal and
NASCO,\4\ a U.S. trader/reseller of Mangal-produced subject
merchandise, we preliminarily find Mangal and NASCO to be partners and,
thus, affiliated pursuant to section 771(33)(G) of the Act.\5\
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\3\ See the Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
entitled ``Decision Memorandum for the Preliminary Determination of
the Antidumping Duty Investigation of Steel Threaded Rod from
India'' (``Preliminary Decision Memorandum''), and Memorandum to the
File, entitled, ``Affiliation and Collapsing, Mangal Steel
Enterprises Limited and Corona Steel Industries Private Limited,''
(``Affiliation and Collapsing Memorandum''), each dated concurrently
with this notice.
\4\ The fact that NASCO is Mangal's trader/reseller was
initially bracketed by Mangal and identified as proprietary
information. However, Mangal and Petitioners subsequently disclosed
this information publicly on the record. See, e.g., Letter from
Mangal, ``Steel Threaded Rod from India: Supplemental Section A
Response,'' dated January 3, 2014, at 8 (stating: ``or requiring
Mangal to only sell threaded rod in the United States through
NASCO.''); see also Letter from Petitioners, ``Antidumping
Investigation of Steel Threaded Rod from India -- Petitioners'
Deficiency Comments on Response of Mangal Steel to Section A of
Antidumping Duty Questionnaire,'' dated October 30, 2013, at 4
(stating: ``In researching shipments of subject merchandise from
Mangal Steel, Petitioners found that Mangal Steel had a significant
number of shipments to a consignee called North American Steel
Connection (NASCO). . .'' and ``Based on a general internet search
regarding North American Steel Connection, Petitioners found that
NASCO was a joint venture partner in another company. . .''). Once a
party discloses its information that was formerly given proprietary
treatment publicly, the Department no longer will treat that
information as proprietary on the administrative record.
\5\ See Preliminary Decision Memorandum.
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In addition, based on the evidence presented in the questionnaire
responses, we preliminarily find that Mangal and Corona should not be
treated as a single entity for the purposes of this investigation. This
[[Page 9165]]
finding is based on the determination that the record does not
demonstrate significant potential for manipulation of price or
production between Mangal and Corona pursuant to the criteria laid out
in 19 CFR 351.401(f). For further discussion of the Department's
affiliation and collapsing decision, see the Affiliation and Collapsing
Memorandum. We note that we will continue to actively consider the
issue of whether to treat Mangal and Corona as a single entity for the
purposes of the final determination.
Methodology
The Department has conducted this investigation in accordance with
section 731 of the Act. Export prices (``EPs'') have been calculated in
accordance with section 772 of the Act. Constructed export prices
(``CEPs'') have been calculated in accordance with section 772(b) of
the Act. Normal value (``NV'') has been calculated in accordance with
section 773 of the Act. Because the mandatory respondent, Babu Exports
(``Babu''), failed to respond to the Department's questionnaire, we
have preliminarily determined to apply adverse facts available to this
respondent, in accordance with sections 776(a) and (b) of the Act and
19 CFR 351.308. The critical circumstances allegation has been analyzed
in accordance with section 733(e)(1) of the Act and 19 CFR 351.206.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum dated concurrently
with and hereby adopted by this notice. 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 Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
On January 10, 2014, Petitioners filed a timely critical
circumstances allegation, pursuant to section 773(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration.\6\ In
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances
allegation is submitted more than 20 days before the scheduled date of
the preliminary determination, the Department must issue a preliminary
finding whether there is a reasonable basis to believe or suspect that
critical circumstances exist no later than the date of the preliminary
determination. We have conducted an analysis of critical circumstances
in accordance with section 733(e) of the Act and 19 CFR 351.206, and
have preliminarily determined that for Mangal and All Others: (1)
Importers likely did not know that the exporter was selling the
merchandise under consideration at LTFV and that there was likely to be
material injury in accordance with section 733(e)(1)(A)(ii) of the Act;
and (2) imports of the subject merchandise did not increase in massive
quantities over a relatively short period in accordance with section
733(e)(1)(B) of the Act. For Babu, we have applied facts available with
an adverse inference, and preliminarily find that: (1) Importers knew
or should have known that the exporter was selling the merchandise
under consideration at LTFV and that there was likely to be material
injury in accordance with section 733(e)(1)(A)(ii) of the Act; and (2)
imports of the subject merchandise have been massive over a relatively
short period in accordance with section 733(e)(1)(B) of the Act. For a
full description of the methodology and results of our analysis, please
see the Preliminary Decision Memorandum and Critical Circumstances
Memorandum.\7\
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\6\ See letter from Petitioners, ``Antidumping Investigation of
Steel Threaded Rod from India: Petitioners' Allegation of Critical
Circumstances,'' dated January 10, 2014.
\7\ See Memorandum to Melissa G. Skinner, ``Antidumping Duty
Investigation of Steel Threaded Rod from India: Critical
Circumstances Data and Calculations for the Preliminary
Determination,'' dated concurrently with this notice (``Critical
Circumstances Memorandum'').
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Preliminary Determination
We preliminary determine the weighted-average dumping margins are
as follows:
------------------------------------------------------------------------
Weighted-
Average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Mangal Steel Enterprises Limited........................ 8.63
Babu Exports............................................ 119.87
All Others.............................................. 8.63
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. Mangal is the only respondent in this investigation for
which the Department calculated a company-specific rate. Therefore, for
purposes of determining the ``all others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the weighted-average dumping
margin calculated for Mangal, as referenced above.\8\
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\8\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Stainless Steel Sheet and Strip in Coils From
Italy, 64 FR 30750, 30755 (June 8, 1999); and Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination: Coated Free Sheet Paper from Indonesia, 72 FR
30753, 30757 (June 4, 2007), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Coated Free Sheet
Paper from Indonesia, 72 FR 60636 (October 25, 2007).
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Disclosure and Public Comment
The Department intends to disclose to parties the calculations
performed in connection with this preliminary determination within five
days of the date of publication of this notice.\9\
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\9\ See 19 CFR 351.224(b).
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Interested parties are invited to comment on the preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance via IA ACCESS
no later than seven days after the date on which the final verification
report is issued in this proceeding. Rebuttal briefs, the content of
which is limited to the issues raised in the case briefs, must be filed
within five days from the deadline date for the submission of case
briefs.\10\ A list of authorities used, a table of contents, and an
executive summary of issues should accompany any briefs submitted to
the Department.\11\ Executive summaries should be limited to five pages
total, including footnotes. As noted above, interested parties who wish
to comment on the preliminary determination must file briefs
[[Page 9166]]
electronically using IA ACCESS.\12\ An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Time on the
date the document is due.
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\10\ See 19 CFR 351.309(c), 19 CFR 351.309(d)(1), and 19 CFR
351.309(d)(2).
\11\ See 19 CFR 351.309(c)(2).
\12\ See 19 CFR 351.303 (for general filing requirements).
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In accordance with section 774 of the Act, the Department will hold
a hearing, if timely requested, to afford interested parties an
opportunity to comment on arguments raised in case or rebuttal briefs,
provided that such a hearing is requested by an interested party.\13\
Interested parties who wish to request a hearing, or to participate if
one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS, as noted above. An electronically
filed request must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of publication of this notice.\14\
Requests should contain the following information: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed.\15\ If a request for a
hearing is made, we will inform parties of the scheduled date for the
hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230.\16\ Parties
should confirm by telephone the date, time, and location of the
hearing.
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\13\ See also 19 CFR 351.310.
\14\ See 19 CFR 351.310(c).
\15\ See id.
\16\ See 19 CFR 351.310.
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of steel threaded rod from India, as described in the
``Scope of the Investigation'' section, entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. In addition, because we have
preliminarily found critical circumstances exist with regard to exports
by Babu, we will instruct CBP to suspend liquidation of Babu's covered
entries entered, or withdrawn from warehouse, for consumption up to 90
days prior to the date of publication of this notice in the Federal
Register.\17\
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\17\ See section 733(e)(2) of the Act.
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Furthermore, consistent with our practice, where the product under
investigation is also subject to a concurrent countervailing duty
investigation, we instruct CBP to require a cash deposit \18\ equal to
the amount by which the NV exceeds the EP or CEP, less the amount of
the countervailing duty determined to constitute an export subsidy.\19\
In this case, with regard to Mangal and all other non-individually
reviewed companies, the preliminarily calculated countervailing duty is
comprised entirely of export subsidies, and, thus, we have offset the
margin for Mangal and ``all others'' by their countervailing duty rate
(i.e., 8.13 percent). For Babu, we offset the AFA antidumping margin
(i.e., 119.87 percent) by the countervailing duty rate attributable to
export subsidies (i.e., 14.69 percent).20 21
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\18\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\19\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR
67306, 67307 (November 17, 2004).
\20\ See Steel Threaded Rod From India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Determination, 78 FR 76815
(December 19, 2013); Memorandum entitled, ``Decision Memorandum for
the Preliminary Determination in the Countervailing Duty
Investigation on Steel Threaded Rod from India,'' dated December 11,
2013, at 20.
\21\ See Memorandum entitled ``Preliminary Determination
Analysis Memorandum for Mangal Steel Enterprises Limited,'' dated
concurrently with this notice.
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Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \22\ equal to the preliminary weighted-average
amount by which NV exceeds U.S. price, less the amount of the
countervailing duty determined to constitute an export subsidy, as
indicated above, as follows: (1) The rates will be 0.50 percent for
Mangal and 105.18 percent for Babu; (2) if the exporter is not a firm
identified in this investigation, but the producer is, the rate will be
the rate established for the producer of the subject merchandise; (3)
the rate for all other producers or exporters will be 0.50 percent.
These suspension of liquidation instructions will remain in effect
until further notice.
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\22\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV. If
our final determination in this proceeding is affirmative, section
735(b)(2) of the Act requires that the ITC make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
steel threaded rod from India before the later of 120 days after the
date of this preliminary determination or 45 days after our final
determination.
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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
[[Page 9167]]
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 II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
a. Initiation
b. Period of Investigation
c. Postponement of Preliminary Determination
d. Postponement of Final Determination and Extension of
Provisional Measures
e. Scope of the Investigation
f. Scope Comments
g. Respondent Selection
h. Application of Facts Available
i. Babu
j. Adverse Facts Available
k. Corroboration of Information
l. All Others Rate
m. Critical Circumstances
3. Discussion of the Methodology
a. Affiliation and Collapsing
b. Date of Sale
c. Fair Value Comparisons
d. Determination of Comparison Method
e. Results of the DP Analysis
f. Product Comparisons
g. Export Price
h. Constructed Export Price
i. Normal Value
j. Currency Conversion
k. Verification
l. International Trade Commission Notification
4. Conclusion
[FR Doc. 2014-03483 Filed 2-14-14; 8:45 am]
BILLING CODE 3510-DS-P
