Certain Steel Threaded Rod From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2012-2013, 30543-30546 [2014-12380]
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
On November 1, 2013, the Department
of Commerce (Department) published a
notice of opportunity to request an
administrative review of the
antidumping duty order on seamless
refined copper pipe and tube from
Mexico covering the period November
1, 2012, through October 31, 2013.1 The
Department received a timely request
for an antidumping duty administrative
review from the petitioners (i.e., Cerro
Flow Products, LLC; Wieland Copper
Products, LLC; Mueller Copper Tube
Products, Inc.; and Mueller Copper
Tube Company, Inc.) for the following
companies: (1) GD Affiliates S. de R.L.
de C.V. (Golden Dragon); (2) IUSA, S.A.
de C.V. (IUSA); (3) Luvata Juarez S. de
R.L. de C.V. (Luvata Juarez); (4) Luvata
Monterrey S. de R.L. de C.V. (Luvata
Monterrey); and (5) Nacional de Cobre,
S.A. de C.V. (Nacobre). The Department
also received timely requests for an
antidumping duty administrative review
from Golden Dragon and Nacobre. On
December 30, 2013, the Department
published a notice of initiation of
administrative review with respect to
these companies.2
On March 31, 2014, the petitioners
withdrew their request for an
administrative review for all five
companies noted above; this submission
was timely, pursuant to 19 CFR
351.213(d)(1). On April 7, 2014,
Nacobre also withdrew its request for an
administrative review. However,
because this submission was received
after the 90-day deadline for withdrawal
requests, on April 8, 2014, the
Department denied Nacobre’s request as
untimely.
Rescission, In Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. The petitioners’
request was submitted within the 90day period and, thus, is timely. Because
this withdrawal of request for an
antidumping duty administrative review
is timely and because no other party
requested a review for IUSA, Luvata
Juarez, and Luvata Monterrey, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this administrative
review with respect to these companies.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 65612
(Nov. 1, 2013).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 79392 (Dec.
30, 2013).
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We are continuing the administrative
review with respect to Golden Dragon
and Nacobre because both companies
have requested reviews on their own
behalf and we did not receive a timely
withdrawal of review request from
either party.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: May 21, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–12390 Filed 5–27–14; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China:
Preliminary Results and Partial
Rescission of the Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) is conducting the
fourth administrative review of the
antidumping duty order on certain steel
threaded rod (‘‘STR’’) from the People’s
Republic of China (‘‘PRC’’),1 for the
period of review (‘‘POR’’), April 1, 2012,
to March 31, 2013. The Department
preliminarily determines that RMB
Fasteners Ltd., IFI & Morgan Ltd., and
Jiaxing Brother Standard Part Co., Ltd.
(collectively ‘‘the RMB/IFI Group’’) sold
subject merchandise in the United
States at prices below normal value
(‘‘NV’’). If these preliminary results are
adopted in the final results, the
Department will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: May 28, 2014.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Jerry Huang, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1394 or (202) 482–
4047, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise covered by the order
includes steel threaded rod. The subject
merchandise is currently classifiable
under subheading 7318.15.5051,
7318.15.5056, 7318.15.5090, and
7318.15.2095 of the United States
Harmonized Tariff Schedule
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise is
dispositive.2
1 See Certain Steel Threaded Rod from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 17154 (April 14, 2009) (‘‘Order’’).
2 For a full description of the scope of the Order,
see Memorandum from Christian Marsh, Deputy
Assistant Secretary, AD/CVD Operations, to Ronald
Continued
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
Partial Rescission of the Administrative
Review
On September 13, 2013, the
Department rescinded this
administrative review with respect to
seven companies named in the
Initiation Notice based on the timely
withdrawal of requests for review.3 At
that time, the Department did not
rescind the review for Zhejiang New
Oriental Fastener Co., Ltd. (‘‘Zhejiang
New Oriental’’), because that company
had not yet established its entitlement
to a separate rate. On November 5, 2013,
the Department issued the final results
of the third administrative review of the
Order and granted Zhejiang New
Oriental a separate rate.4
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. On July 5, 2013,
Vulcan Threaded Products, Inc.
(‘‘Petitioner’’) timely withdrew its
request for an administrative review on
Zhejiang New Oriental.5 No other party
had requested a review of Zhejiang New
Oriental. Based on the timely
withdrawal of the request for review
and because Zhejiang New Oriental
established its entitlement to a separate
rate from a prior segment, the
Department is rescinding this
administrative review with respect to
Zhejiang New Oriental, in accordance
with 19 CFR 351.213(d)(1).
PRC-Wide Entity
On July 5, 2013, Petitioner timely
withdrew its request for review for 76
companies.6 No other party requested a
review on these 76 companies.
For those eight companies referenced
above for which a review was initiated,
for which all review requests have been
withdrawn, and which previously
received separate rate status in a prior
segment of this case, the Department
rescinded the administrative review, in
part, in accordance with 19 CFR
351.213(d)(1).7 Of the four companies
for which Petitioner’s requests for
review remain standing, other than the
mandatory respondent RMB/IFI Group
which demonstrated eligibility for a
separate rate, none are eligible for
separate rate status or rescission, as they
did not submit completed separate rate
applications or certifications.8
Accordingly, the PRC-wide entity is
under review for these preliminary
results.
None of the remaining 68 companies
for which Petitioner withdrew its
request for review has a separate rate.
While the requests for review of these
companies were timely withdrawn,
those companies remain a part of the
PRC-wide entity. Thus, we are not
rescinding this review with respect to
these companies at this time, but the
Department will make a determination
with respect to the PRC-wide entity at
the conclusion of these preliminary
results and final results.9 As a result, all
71 companies for which a review was
initiated and which have not
established entitlement to a separate
rate are under review as part of the PRCwide entity.10 For our determination
with respect to the PRC-wide entity, see
the Preliminary Decision Memorandum.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the ‘‘Act’’). Export prices
have been calculated in accordance with
section 772 of the Act. Because the PRC
is a non-market economy (‘‘NME’’)
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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://
www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period April 1, 2012, through March 31,
2013:
Weightedaverage margin
(ad valorem)
Exporter
emcdonald on DSK67QTVN1PROD with NOTICES
IFI & Morgan Ltd. and RMB Fasteners Ltd. (collectively ‘‘RMB/IFI Group’’) ................................................................................
PRC-Wide Rate 11 .........................................................................................................................................................................
K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of Fourth
Antidumping Duty Administrative Review: Certain
Steel Threaded Rod from the People’s Republic of
China,’’ (‘‘Preliminary Decision Memorandum’’)
(May 16, 2014).
3 See Certain Steel Threaded Rod from the
People’s Republic of China; 2012–2013; Partial
Rescission of the Fourth Antidumping Duty
Administrative Review, 78 FR 56655 (September 13,
2013) (‘‘Partial Rescission Notice’’); see also
Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation
in Part, 78 FR 33052, 33056–58 (June 3, 2013)
(‘‘Initiation Notice’’). The Department incorrectly
included three companies in the Initiation Notice,
which was corrected in a subsequent initiation
notice, where the Department removed these three
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companies and instead correctly initiated on two
other companies. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 53128, 53130,
n.6 (August 28, 2013).
4 See Certain Steel Threaded Rod from the
People’s Republic of China; Final Results of Third
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 66330, 66332 (November 5, 2013).
5 See Letter to the Department from Petitioner,
‘‘Certain Steel Threaded Rod from the People’s
Republic of China: Petitioners’ Withdrawal of
Review Requests for Certain Companies’’ (July 5,
2013).
6 Id.
7 See Partial Rescission Notice.
8 These companies are: Haiyan Dayu Fasteners
Co., Ltd., Jiaxing Brother Standard Part, and
Zhejiang Morgan Brother Technology Co., Ltd.
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206.00
9 See, e.g., Narrow Woven Ribbons With Woven
Selvedge From the People’s Republic of China:
Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 77 FR
47363, 47365 (August 8, 2012), unchanged in
Narrow Woven Ribbons With Woven Selvedge From
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010–
2011, 78 FR 10130 (February 13, 2013). A change
in practice with respect to the conditional review
of the PRC-wide entity is not applicable to this
administrative review. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65964,
65969–70 (November 4, 2013).
10 See Appendix I for the list of these companies.
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
Disclosure, Public Comment &
Opportunity To Request a Hearing
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review.12 Rebuttals to case briefs,
which must be limited to issues raised
in the case briefs, must be filed within
five days after the time limit for filing
case briefs.13 Parties who submit
arguments are requested to submit with
the argument (a) a statement of the
issue, (b) a brief summary of the
argument, and (c) a table of
authorities.14 Parties submitting briefs
should do so pursuant to the
Department’s electronic filing system,
IA ACCESS.
Any interested party may request a
hearing within 30 days of publication of
this notice.15 Hearing 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. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.16
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
emcdonald on DSK67QTVN1PROD with NOTICES
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.17 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For any individually examined
respondent whose weighted average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results,
11 The PRC-wide entity includes the companies
listed in Appendix I.
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1)–(2).
14 See 19 CFR 351.309(c)(2), (d)(2).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
17 See 19 CFR 351.212(b).
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the Department will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of sales,
in accordance with 19 CFR
351.212(b)(1). Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.18 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.19 We
intend to instruct CBP to liquidate
entries containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during the administrative
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate. Additionally, if the
Department determines that an exporter
had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.20
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and non18 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
20 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
19 See
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PRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Companies Subject to the Administrative
Review That Are Part of the PRC-Wide
Entity
Aihua Holding Group Co. Ltd.
Autocraft Industry (Shanghai) Ltd.
Autocraft Industry Ltd.
Billion Land Ltd.
C And H International Corporation
Changshu City Standard Parts Factory
China Brother Holding Group Co. Ltd.
China Friendly Nation Hardware Technology
Limited
Ec International (Nantong) Co. Ltd.
Fastco (Shanghai) Trading Co., Ltd.
Fastwell Industry Co. Ltd.
Fuda Xiongzhen Machinery Co., Ltd.
Fuller Shanghai Co. Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Haiyan Evergreen Standard Parts Co. Ltd.
Haiyan Hurras Import & Export Co. Ltd.
Haiyan Hurras Import Export Co. Ltd.
Haiyan Jianhe Hardware Co. Ltd.
Hangzhou Everbright Imp. & Exp. Co. Ltd.
Hangzhou Grand Imp. & Exp. Co., Ltd.
Hangzhou Great Imp. & Exp. Co. Ltd.
Hangzhou Lizhan Hardware Co. Ltd.
Hangzhou Tongwang Machinery Co., Ltd.
Jiabao Trade Development Co. Ltd.
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Jiangsu Zhongweiyu Communication
Equipment Co. Ltd.
Jiashan Steelfit Trading Co. Ltd.
Jiaxing Brother Standard Part
Jiaxing Yaoliang Import & Export Co. Ltd.
Jinan Banghe Industry & Trade Co., Ltd.
Macropower Industrial Inc.
Midas Union Co., Ltd.
Nanjing Prosper Import & Export Corporation
Ltd.
New Pole Power System Co. Ltd.
Ningbiao Bolts & Nuts Manufacturing Co.
Ningbo Beilun Milfast Metalworks Co. Ltd.
Ningbo Dexin Fastener Co. Ltd.
Ningbo Dongxin High-Strength Nut Co., Ltd.
Ningbo Fastener Factory
Ningbo Fengya Imp. And Exp. Co. Ltd.
Ningbo Haishu Holy Hardware Import And
Export Co. Ltd.
Ningbo Haishu Wit Import & Export Co. Ltd.
Ningbo Haishu Yixie Import & Export Co.
Ltd.
Ningbo Jinding Fastening Pieces Co., Ltd.
Ningbo Mpf Manufacturing Co. Ltd.
Ningbo Panxiang Imp. & Exp, Co. Ltd.
Ningbo Yinzhou Foreign Trade Co., Ltd.
Ningbo Zhongjiang High Strength Bolts Co.
Ltd
Ningbo Zhongjiang Petroleum Pipes &
Machinery Co. Ltd.
Orient International Holding Shanghai
Rongheng Intl Trading Co. Ltd.
Prosper Business And Industry Co., Ltd.
Qingdao Free Trade Zone Health Intl.
Qingdao Top Steel Industrial Co. Ltd.
Shaanxi Succeed Trading Co., Ltd.
Shanghai East Best Foreign Trade Co.
Shanghai East Best International Business
Development Co., Ltd.
Shanghai Fortune International Co. Ltd.
Shanghai Furen International Trading
Shanghai Nanshi Foreign Economic Co.
Shanghai Overseas International Trading Co.
Ltd.
Shanghai Printing & Dyeing And Knitting
Mill
Shanghai Printing & Packaging Machinery
Corp.
Shanghai Recky International Trading Co.,
Ltd.
Shanghai Sinotex United Corp. Ltd.
T and C Fastener Co. Ltd.
T and L Industry Co. Ltd.
Wuxi Metec Metal Co. Ltd.
Zhejiang Heiter Industries Co., Ltd.
Zhejiang Heiter Mfg & Trade Co. Ltd.
Zhejiang Jin Zeen Fasteners Co. Ltd.
Zhejiang Morgan Brother Technology Co.
Ltd.
Zhejiang Yanfei Industrial Co., Ltd (a/k/a
Jiangsu Ronry Nico Co., Ltd., Formerly
Jiangsu Yanfei Industrial Co., Ltd.)
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Background
2. Respondent Selection
3. Scope of the Order
4. Non-Market Economy Country
5. Separate Rates
6. PRC-Wide Entity
7. Surrogate Country and Surrogate Value
Data
8. Surrogate Country
9. Date of Sale
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10. U.S. Price—Export Price
11. Normal Value
12. Fair Value Comparisons
13. Factor Valuations
14. Currency Conversion
15. Conclusion
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4243.
[FR Doc. 2014–12380 Filed 5–27–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Results and Notice of Amended Final
Results
On February 5, 2014, the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) affirmed the
judgment of the United States Court of
International Trade (‘‘CIT’’) sustaining
the Department of Commerce’s (‘‘the
Department’’) final results of
redetermination pursuant to remand of
the 2008–2009 antidumping duty
administrative review of pure
magnesium from the People’s Republic
of China (‘‘PRC’’) (‘‘Remand
Redetermination’’).1 Consistent with the
decision of the CAFC in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (CAFC
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s Final
Results and is amending the Final
Results of the administrative review of
pure magnesium from the PRC with
respect to the margin assigned to Tianjin
Magnesium International Co., Ltd.
(‘‘TMI’’) covering the period of review
(‘‘POR’’) May 1, 2008, through April 30,
2009.2
DATES: Effective Date: December 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
SUMMARY:
1 See Final Results Of Redetermination Pursuant
To Remand issued by the Department of Commerce,
Consol. Ct. No. 11–00006, Slip Op. 12–63 (CIT
2012), dated August 30, 2012.
2 See Pure Magnesium from the People’s Republic
of China: Final Results of the 2008–2009
Antidumping Duty Administrative Review of the
Antidumping Duty Order, 75 FR 80791 (December
23, 2010); Amended Final Results of the 2008–2009
Antidumping Duty Administrative Review: Pure
Magnesium from the People’s Republic of China, 76
FR 7813 (February 11, 2011) (collectively, ‘‘Final
Results’’).
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In the
Final Results, TMI received a calculated
margin based upon information it
submitted during the review. TMI’s
margin was 0.80 percent.3 Both TMI and
petitioner challenged the Final Results
with respect to several issues. Upon
review, the CIT remanded the Final
Results, holding that the Department’s
‘‘decision not to apply total adverse
facts available to TMI was not supported
by substantial evidence in the record
and was not in accord with the law.’’ 4
On remand, the Department
reconsidered its findings and
determined to apply total adverse facts
available to TMI based upon its
submission of falsified documents
during the administrative review. The
Department assigned TMI an adverse
facts available rate of 111.73 percent,
thereby replacing the rate of 0.80
percent originally assigned. The CIT
sustained the Department’s remand
results on November 21, 2012, making
the effective date of this notice
December 1, 2012.5 Furthermore, the
CAFC recently affirmed the CIT’s
findings in a non-precedential order.6
SUPPLEMENTARY INFORMATION:
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Department determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
November 21, 2012 judgment sustaining
the Department’s remand results with
respect to TMI constitutes a final
decision of that court that is not in
harmony with the Department’s Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal, or if appealed,
pending a final and conclusive court
decision. The cash deposit rate will
remain the company-specific rate
established for the most recent period
3 See
Amended Final Results.
Tianjin Magnesium Int’l v. United States,
844 F. Supp. 2d 1342, 1344 (CIT May 16, 2012).
5 See Tianjin Magnesium Int’l v. United States,
878 F. Supp. 2d 1351 (CIT Nov. 21, 2012).
6 See Tianjin Magnesium Int’l v. United States,
2014 U.S. App. LEXIS 2679 (Fed. Cir. Feb. 5, 2014)
(non-precedential).
4 See
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30543-30546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12380]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-932]
Certain Steel Threaded Rod From the People's Republic of China:
Preliminary Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
the fourth administrative review of the antidumping duty order on
certain steel threaded rod (``STR'') from the People's Republic of
China (``PRC''),\1\ for the period of review (``POR''), April 1, 2012,
to March 31, 2013. The Department preliminarily determines that RMB
Fasteners Ltd., IFI & Morgan Ltd., and Jiaxing Brother Standard Part
Co., Ltd. (collectively ``the RMB/IFI Group'') sold subject merchandise
in the United States at prices below normal value (``NV''). If these
preliminary results are adopted in the final results, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on all appropriate entries of subject merchandise
during the POR. Interested parties are invited to comment on these
preliminary results.
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\1\ See Certain Steel Threaded Rod from the People's Republic of
China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14,
2009) (``Order'').
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DATES: Effective Date: May 28, 2014.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Jerry Huang, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202)
482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order includes steel threaded rod.
The subject merchandise is currently classifiable under subheading
7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the
United States Harmonized Tariff Schedule (``HTSUS''). Although the
HTSUS subheading is provided for convenience and customs purposes, the
written description of the merchandise is dispositive.\2\
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\2\ For a full description of the scope of the Order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary, AD/CVD
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for Preliminary
Results of Fourth Antidumping Duty Administrative Review: Certain
Steel Threaded Rod from the People's Republic of China,''
(``Preliminary Decision Memorandum'') (May 16, 2014).
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[[Page 30544]]
Partial Rescission of the Administrative Review
On September 13, 2013, the Department rescinded this administrative
review with respect to seven companies named in the Initiation Notice
based on the timely withdrawal of requests for review.\3\ At that time,
the Department did not rescind the review for Zhejiang New Oriental
Fastener Co., Ltd. (``Zhejiang New Oriental''), because that company
had not yet established its entitlement to a separate rate. On November
5, 2013, the Department issued the final results of the third
administrative review of the Order and granted Zhejiang New Oriental a
separate rate.\4\
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\3\ See Certain Steel Threaded Rod from the People's Republic of
China; 2012-2013; Partial Rescission of the Fourth Antidumping Duty
Administrative Review, 78 FR 56655 (September 13, 2013) (``Partial
Rescission Notice''); see also Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for
Revocation in Part, 78 FR 33052, 33056-58 (June 3, 2013)
(``Initiation Notice''). The Department incorrectly included three
companies in the Initiation Notice, which was corrected in a
subsequent initiation notice, where the Department removed these
three companies and instead correctly initiated on two other
companies. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
53128, 53130, n.6 (August 28, 2013).
\4\ See Certain Steel Threaded Rod from the People's Republic of
China; Final Results of Third Antidumping Duty Administrative
Review; 2011-2012, 78 FR 66330, 66332 (November 5, 2013).
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Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July 5,
2013, Vulcan Threaded Products, Inc. (``Petitioner'') timely withdrew
its request for an administrative review on Zhejiang New Oriental.\5\
No other party had requested a review of Zhejiang New Oriental. Based
on the timely withdrawal of the request for review and because Zhejiang
New Oriental established its entitlement to a separate rate from a
prior segment, the Department is rescinding this administrative review
with respect to Zhejiang New Oriental, in accordance with 19 CFR
351.213(d)(1).
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\5\ See Letter to the Department from Petitioner, ``Certain
Steel Threaded Rod from the People's Republic of China: Petitioners'
Withdrawal of Review Requests for Certain Companies'' (July 5,
2013).
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PRC-Wide Entity
On July 5, 2013, Petitioner timely withdrew its request for review
for 76 companies.\6\ No other party requested a review on these 76
companies.
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\6\ Id.
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For those eight companies referenced above for which a review was
initiated, for which all review requests have been withdrawn, and which
previously received separate rate status in a prior segment of this
case, the Department rescinded the administrative review, in part, in
accordance with 19 CFR 351.213(d)(1).\7\ Of the four companies for
which Petitioner's requests for review remain standing, other than the
mandatory respondent RMB/IFI Group which demonstrated eligibility for a
separate rate, none are eligible for separate rate status or
rescission, as they did not submit completed separate rate applications
or certifications.\8\ Accordingly, the PRC-wide entity is under review
for these preliminary results.
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\7\ See Partial Rescission Notice.
\8\ These companies are: Haiyan Dayu Fasteners Co., Ltd.,
Jiaxing Brother Standard Part, and Zhejiang Morgan Brother
Technology Co., Ltd.
---------------------------------------------------------------------------
None of the remaining 68 companies for which Petitioner withdrew
its request for review has a separate rate. While the requests for
review of these companies were timely withdrawn, those companies remain
a part of the PRC-wide entity. Thus, we are not rescinding this review
with respect to these companies at this time, but the Department will
make a determination with respect to the PRC-wide entity at the
conclusion of these preliminary results and final results.\9\ As a
result, all 71 companies for which a review was initiated and which
have not established entitlement to a separate rate are under review as
part of the PRC-wide entity.\10\ For our determination with respect to
the PRC-wide entity, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ See, e.g., Narrow Woven Ribbons With Woven Selvedge From the
People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 77 FR 47363,
47365 (August 8, 2012), unchanged in Narrow Woven Ribbons With Woven
Selvedge From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010- 2011, 78 FR 10130
(February 13, 2013). A change in practice with respect to the
conditional review of the PRC-wide entity is not applicable to this
administrative review. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65964,
65969-70 (November 4, 2013).
\10\ See Appendix I for the list of these companies.
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the ``Act'').
Export prices have been calculated in accordance with section 772 of
the Act. Because the PRC is a non-market economy (``NME'') within the
meaning of section 771(18) of the Act, NV has been calculated in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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://www.trade.gov/enforcement/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period April 1, 2012,
through March 31, 2013:
------------------------------------------------------------------------
Weighted- average
Exporter margin (ad
valorem)
------------------------------------------------------------------------
IFI & Morgan Ltd. and RMB Fasteners Ltd. 51.43
(collectively ``RMB/IFI Group'')....................
PRC-Wide Rate \11\................................... 206.00
------------------------------------------------------------------------
[[Page 30545]]
Disclosure, Public Comment & Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
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\11\ The PRC-wide entity includes the companies listed in
Appendix I.
---------------------------------------------------------------------------
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review.\12\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, must be filed within five days after the time limit for
filing case briefs.\13\ Parties who submit arguments are requested to
submit with the argument (a) a statement of the issue, (b) a brief
summary of the argument, and (c) a table of authorities.\14\ Parties
submitting briefs should do so pursuant to the Department's electronic
filing system, IA ACCESS.
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1)-(2).
\14\ See 19 CFR 351.309(c)(2), (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\15\ Hearing 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. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\16\
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\17\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\17\ See 19 CFR 351.212(b).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results, the Department will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
(or customer-) specific ad valorem rate is greater than de minimis, the
Department will instruct CBP to collect the appropriate duties at the
time of liquidation.\18\ Where either a respondent's weighted average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific ad valorem is zero or de minimis, the Department will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\19\ We intend to instruct CBP to liquidate entries containing
subject merchandise exported by the PRC-wide entity at the PRC-wide
rate.
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\18\ See 19 CFR 351.212(b)(1).
\19\ See 19 CFR 351.106(c)(2).
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\20\ The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable.
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\20\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Companies Subject to the Administrative Review That Are Part of the
PRC-Wide Entity
Aihua Holding Group Co. Ltd.
Autocraft Industry (Shanghai) Ltd.
Autocraft Industry Ltd.
Billion Land Ltd.
C And H International Corporation
Changshu City Standard Parts Factory
China Brother Holding Group Co. Ltd.
China Friendly Nation Hardware Technology Limited
Ec International (Nantong) Co. Ltd.
Fastco (Shanghai) Trading Co., Ltd.
Fastwell Industry Co. Ltd.
Fuda Xiongzhen Machinery Co., Ltd.
Fuller Shanghai Co. Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Haiyan Evergreen Standard Parts Co. Ltd.
Haiyan Hurras Import & Export Co. Ltd.
Haiyan Hurras Import Export Co. Ltd.
Haiyan Jianhe Hardware Co. Ltd.
Hangzhou Everbright Imp. & Exp. Co. Ltd.
Hangzhou Grand Imp. & Exp. Co., Ltd.
Hangzhou Great Imp. & Exp. Co. Ltd.
Hangzhou Lizhan Hardware Co. Ltd.
Hangzhou Tongwang Machinery Co., Ltd.
Jiabao Trade Development Co. Ltd.
[[Page 30546]]
Jiangsu Zhongweiyu Communication Equipment Co. Ltd.
Jiashan Steelfit Trading Co. Ltd.
Jiaxing Brother Standard Part
Jiaxing Yaoliang Import & Export Co. Ltd.
Jinan Banghe Industry & Trade Co., Ltd.
Macropower Industrial Inc.
Midas Union Co., Ltd.
Nanjing Prosper Import & Export Corporation Ltd.
New Pole Power System Co. Ltd.
Ningbiao Bolts & Nuts Manufacturing Co.
Ningbo Beilun Milfast Metalworks Co. Ltd.
Ningbo Dexin Fastener Co. Ltd.
Ningbo Dongxin High-Strength Nut Co., Ltd.
Ningbo Fastener Factory
Ningbo Fengya Imp. And Exp. Co. Ltd.
Ningbo Haishu Holy Hardware Import And Export Co. Ltd.
Ningbo Haishu Wit Import & Export Co. Ltd.
Ningbo Haishu Yixie Import & Export Co. Ltd.
Ningbo Jinding Fastening Pieces Co., Ltd.
Ningbo Mpf Manufacturing Co. Ltd.
Ningbo Panxiang Imp. & Exp, Co. Ltd.
Ningbo Yinzhou Foreign Trade Co., Ltd.
Ningbo Zhongjiang High Strength Bolts Co. Ltd
Ningbo Zhongjiang Petroleum Pipes & Machinery Co. Ltd.
Orient International Holding Shanghai Rongheng Intl Trading Co. Ltd.
Prosper Business And Industry Co., Ltd.
Qingdao Free Trade Zone Health Intl.
Qingdao Top Steel Industrial Co. Ltd.
Shaanxi Succeed Trading Co., Ltd.
Shanghai East Best Foreign Trade Co.
Shanghai East Best International Business Development Co., Ltd.
Shanghai Fortune International Co. Ltd.
Shanghai Furen International Trading
Shanghai Nanshi Foreign Economic Co.
Shanghai Overseas International Trading Co. Ltd.
Shanghai Printing & Dyeing And Knitting Mill
Shanghai Printing & Packaging Machinery Corp.
Shanghai Recky International Trading Co., Ltd.
Shanghai Sinotex United Corp. Ltd.
T and C Fastener Co. Ltd.
T and L Industry Co. Ltd.
Wuxi Metec Metal Co. Ltd.
Zhejiang Heiter Industries Co., Ltd.
Zhejiang Heiter Mfg & Trade Co. Ltd.
Zhejiang Jin Zeen Fasteners Co. Ltd.
Zhejiang Morgan Brother Technology Co. Ltd.
Zhejiang Yanfei Industrial Co., Ltd (a/k/a Jiangsu Ronry Nico Co.,
Ltd., Formerly Jiangsu Yanfei Industrial Co., Ltd.)
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Background
2. Respondent Selection
3. Scope of the Order
4. Non-Market Economy Country
5. Separate Rates
6. PRC-Wide Entity
7. Surrogate Country and Surrogate Value Data
8. Surrogate Country
9. Date of Sale
10. U.S. Price--Export Price
11. Normal Value
12. Fair Value Comparisons
13. Factor Valuations
14. Currency Conversion
15. Conclusion
[FR Doc. 2014-12380 Filed 5-27-14; 8:45 am]
BILLING CODE 3510-DS-P
