Steel Threaded Rod From India: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part; 2012-2013, 40714-40716 [2014-16419]
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40714
Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices
Comment 6: Minor Corrections to
Calculations for Export Promotion of
Capital Goods Scheme
IX. RECOMMENDATION
B7, ASTM A193 Grade B7M, ASTM A193
Grade B16, and ASTM A320 Grade L7.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix 2—Subsidy Programs and
Issues in the Issues and Decision
Memorandum
[FR Doc. 2014–16421 Filed 7–11–14; 8:45 am]
BILLING CODE 3510–DS–P
I. SUMMARY
II. BACKGROUND
III. SCOPE OF THE INVESTIGATION
IV. SUBSIDY VALUATION INFORMATION
A. Allocation Period
B. Attribution of Subsidies
C. Benchmarks and Discount Rates
1. Short-Term and Long-Term Rupee
Denominated Loans
2. Short-Term and Long-Term U.S. Dollar
Denominated Loans
3. EPCGS Discount Rate
D. Denominators
V. USE OF FACTS OTHERWISE
AVAILABLE AND ADVERSE
INFERENCES
Babu
Selection of the Adverse Facts Available
Rate
Corroboration of Secondary Information
VI. ANALYSIS OF PROGRAMS
A. Programs Determined To Be
Countervailable
1. Pre- and Post-Shipment Export
Financing
2. Duty Drawback (‘‘DDB’’)
3. Export Promotion of Capital Goods
Scheme (‘‘EPCGS’’)
4. Focus Product Scheme (‘‘FPS’’)
5. Status Holder Incentive Scrip (‘‘SHIS’’)
B. Program Determined To Be Terminated
1. Duty Entitlement Passbook Scheme
(‘‘DEPS’’)
C. Programs Determined To Be Not Used
by Mangal Steel During the POI
1. Government of India Programs
a. Advance Licenses Program
b. GOI Loan Guarantees
2. State Government of Maharashtra
Programs
a. Industrial Promotion Subsidy
b. Octroi Refund Scheme
c. Electricity Duty Exemption
d. Waiver of Stamp Duty
e. Incentives to Strengthen Micro-,
Small-, and Medium-Sized
Manufacturing Enterprises
D. Final AFA Rates Determined for
Programs Used by Babu
VII. CALCULATION OF THE ALL OTHERS
RATE
VIII. DISCUSSION OF THE ISSUES
Comment 1: Manner in Which the
Department Should Calculate the Benefit
Under the Status Holder Incentive Scrip
Comment 2: Manner in Which the
Department Should Calculate the Benefit
Under the Pre- and Post-Shipment
Export Financing Program
Comment 3: Manner in Which the
Department Should Calculate the
Benefits Under the Focus Product
Scheme
Comment 4: Whether the Indian Duty
Drawback Program is Countervailable
Comment 5: Whether the Countervailing
Duty Subsidy Rate Applied to Babu
Exports is Appropriate
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–015]
53-Foot Domestic Dry Containers from
the People’s Republic of China:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair at (202) 482–3813 or David
Cordell at (202) 482–0408, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 13, 2014, the Department of
Commerce (the Department) initiated a
countervailing duty investigation on 53foot domestic dry containers from the
People’s Republic of China (PRC).1
Currently, the preliminary
determination is due no later than July
17, 2014.
Postponement of the Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, if the
petitioner makes a timely request for an
extension in accordance with 19 CFR
351.205(e), section 703(c)(1)(A) of the
Act allows the Department to postpone
the preliminary determination until no
later than 130 days after the date on
which the Department initiated the
investigation.
On June 18, 2014, the petitioner 2
submitted a timely request pursuant to
section 703(c)(1)(A) of the Act and 19
CFR 351.205(e) to postpone the
1 See 53-Foot Domestic Dry Containers From the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 79 FR 28679
(May 19, 2014).
2 Stoughton Trailers, LLC (the petitioner).
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Sfmt 4703
preliminary determination.3 Therefore,
in accordance with section 703(c)(1)(A)
of the Act, we are fully extending the
due date for the preliminary
determination to not later than 130 days
after the day on which the investigation
was initiated. As a result, the deadline
for completion of the preliminary
determination is now September 22,
2014.4
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: June 19, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2014–16418 Filed 7–11–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–855]
Steel Threaded Rod From India: Final
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, in Part; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that steel
threaded rod (‘‘STR’’) from India is
being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 735 of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The final weighted-average
dumping margins of sales at LTFV are
shown in the ‘‘Final Determination’’
section of this notice.
DATES: Effective Date: July 14, 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, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
3 See Letter from the petitioner, entitled ‘‘53-Foot
Domestic Dry Containers from the People ’s
Republic of China,’’ dated June 18, 2014.
4 The actual deadline based on a 65-day extension
is September 20, 2014, which is a Saturday.
Department practice dictates that where a deadline
falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
E:\FR\FM\14JYN1.SGM
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices
Background
The Department published its
Preliminary Determination on February
18, 2014.1 On May 27, 2014, we
received case briefs from All America
Threaded Products Inc., Bay Standard
Manufacturing Inc., and Vulcan
Threaded Products Inc. (collectively,
‘‘Petitioners’’), and Mangal Steel
Enterprises Limited (‘‘Mangal’’). On
June 2, 2014, Petitioners and Mangal
submitted rebuttal briefs. On June 9,
2014, the Department conducted a
hearing.
mstockstill on DSK4VPTVN1PROD with NOTICES
Period of Investigation
The period of investigation (‘‘POI’’) is
April 1, 2012, through March 31, 2013.
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 these investigations are
nonheaded and threaded along greater
than 25 percent of their total length. A
variety of finishes or coatings, such as
plain oil finish as a temporary rust
protectant, zinc coating (i.e., galvanized,
whether by electroplating or hotdipping), 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
1 See 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, 79 FR 9164 (February 18, 2014)
(‘‘Preliminary Determination’’).
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19:25 Jul 11, 2014
Jkt 232001
• 0.15 percent of vanadium, or
• 0.15 percent of zirconium.
Steel threaded rod is currently
classifiable under subheadings
7318.15.5051, 7318.15.5056,
7318.15.5090 and 7318.15.2095 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Excluded from the scope of this
investigation are: (a) Threaded rod, bar,
or studs which are threaded only on one
or both ends and the threading covers
25 percent or less of the total length;
and (b) threaded rod, bar, or studs made
to American Society for Testing and
Materials (‘‘ASTM’’) A193 Grade B7,
ASTM A193 Grade B7M, ASTM A193
Grade B16, and ASTM A320 Grade L7.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written description of the
scope of this investigation is dispositive.
Verification
As provided in section 782(i) of the
Act, the Department verified the
information submitted by Mangal for
use in the final determination. The
Department used standard verification
procedures, including examination of
relevant accounting and production
records and original source documents
provided by the respondent.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs for this investigation are
addressed in the Issues and Decision
Memorandum.2 A list of the issues
which parties raised and to which we
responded in the Issues and Decision
Memorandum is attached to this notice
as an Appendix. The Issues and
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’’). Access to 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn. The paper
copy and electronic version of the Issues
2 See the memorandum ‘‘Issues and Decision
Memorandum for the Final Determination in the
Antidumping Duty Investigation of Steel Threaded
Rod from India,’’ dated concurrently with this
notice (‘‘Issues and Decision Memorandum’’).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
and Decision Memorandum are
identical in content.
Changes Since the Preliminary
Determination
• We corrected certain U.S. postal zip
codes reported in Mangal’s U.S. sales
database based on verification findings
for purposes of our differential pricing
analysis.3
• We applied partial neutral facts
available to account for minor
unreported sales found at verification,
pursuant to section 776(a) of the Act.4
• We treated sales made from WCP’s
inventory as CEP sales, in accordance
with section 772(b) of the Act.5
Final Determination
For the final determination, the
following margins exist for the
following entities for the POI:
Exporter and/or producer
Weighted-average
dumping margin
(percent)
Mangal Steel Enterprises
Limited .........................
Babu Exports ..................
All Others ........................
16.74
119.87
16.74
Critical Circumstances
In the Preliminary Determination, for
mandatory respondent Babu Exports, in
accordance with sections 776(a) and (b)
of the Act, we applied facts available
with an adverse inference to determine
that critical circumstances exist with
respect to its exports of STR to the
United States.6 Parties submitted no
additional information or comments on
the Department’s preliminary critical
circumstances determination. Thus, we
made no changes to our critical
circumstances analysis announced in
the Preliminary Determination.7
Therefore, pursuant to section 735(a)(3)
of the Act, we continue to find that
critical circumstances exist with respect
to imports of STR from India from
mandatory respondent Babu Exports.
We continue to find that critical
circumstances do not exist with respect
to imports of STR from India from
mandatory respondent, Mangal Steel,
and ‘‘all other’’ exporters or producers.
3 See
the CEP Verification Report at item IV. A.
at item VIII and ‘‘Analysis Memorandum,
Final Determination of Sales at Less Than Fair
Value,’’ (‘‘Analysis Memo’’) dated concurrently
with this notice.
5 See the Analysis Memo and the Issues and
Decision Memorandum at Comment 2.
6 See Preliminary Determination, 79 FR at 9165,
and accompanying Preliminary Decision Memo, at
pages 9–13.
7 Id.
4 Id.
E:\FR\FM\14JYN1.SGM
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
As noted above, the Department
found that critical circumstances exist
with respect to imports of the
merchandise under consideration from
Babu Exports. Therefore, in accordance
with section 735(c)(4) of the Act, we
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all entries of STR
from India from Babu Exports that were
entered, or withdrawn from warehouse,
for consumption on or after the date 90
days prior to publication of the
Preliminary Determination in the
Federal Register and require a cash
deposit for such entries as noted below.
Because we did not find that critical
circumstances exist with respect to
Mangal and ‘‘all other’’ exporters or
producers, in accordance with section
735(c)(1) of the Act, we will instruct
CBP to continue to suspend liquidation
of all other entries of STR from India
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the Preliminary
Determination in the Federal Register.
These suspension of liquidation
instructions will remain in effect until
further notice.
In the final determination of the
companion countervailing duty
investigation on STR from India, the
Department determined that certain
companies benefitted from export
subsidies.8 Pursuant to sections
735(c)(1) and 772(c)(1)(C) of the Act and
19 CFR 351.210(d), the Department will
instruct CBP to require cash deposits 9
equal to the weighted-average dumping
margins indicated in the table above,
adjusted where appropriate for export
subsidies. These cash deposit
instructions will remain in effect until
further notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative determination of sales
8 See Steel Threaded Rod from India: Final
Affirmative Countervailing Duty Determination and
Partial Final Affirmative Determination of Critical
Circumstances, dated concurrently with this notice.
9 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).
VerDate Mar<15>2010
19:25 Jul 11, 2014
Jkt 232001
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will 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
STR from India no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the merchandise
under investigation entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (‘‘APO’’)
This notice also serves as a reminder
to the parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act and 19 CFR 351.210(c).
Dated: July 3, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
Summary
Background
Scope of the Investigation
Discussion of the Issues
Comment 1: Whether to Collapse Mangal and
Corona
Comment 2: Whether Mangal’s Sales are
Constructed Export Price Sales or Export
Price Sales
Comment 3: Whether the Department’s
Targeted Dumping Regulation was
Unlawfully Withdrawn and Must be
Employed in This Investigation
Comment 4: Application of the Alternative
Methodology
Recommendation
[FR Doc. 2014–16419 Filed 7–11–14; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
United States Travel and Tourism
Advisory Board: Meeting of the United
States Travel and Tourism Advisory
Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board) will
hold its second meeting of the term on
Tuesday, July 29, 2014. The Board was
re-chartered in August 2013, to advise
the Secretary of Commerce on matters
relating to the travel and tourism
industry. At the meeting, members will
discuss the May 22 presidential
memorandum establishing a national
goal and developing airport specific
action plans to enhance the entry
process for international travelers to the
United States, available at the White
House Web site at https://
www.whitehouse.gov/the-press-office/
2014/05/22/presidential-memorandumestablishing-national-goal-anddeveloping-airpor. The Board’s newly
established subcommittees will also
present initial reports and draft work
plans on the Board’s anticipated work
examining entry, visa, infrastructure,
Brand USA, cultural and natural
heritage and data. The Board will
deliberate the plans so that
subcommittee work may begin. The
agenda may change to accommodate
Board business. The final agenda will be
posted on the Department of Commerce
Web site for the Board at https://
trade.gov/ttab, at least one week in
advance of the meeting.
DATES: Tuesday, July, 29, 2014, 10:00
a.m.–1:00 p.m. Central Daylight Time
and open for public comments.
ADDRESSES: Radisson Blu, 2100
Killebrew Drive, Bloomington, MN
55425.
The meeting room will be provided
upon request.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, the United States Travel
and Tourism Advisory Board, Room
4043, 1401 Constitution Avenue NW.,
Washington, DC 20230, telephone: 202–
482–4501, email: jennifer.pilat@
trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry.
Public Participation: The meeting will
be open to the public and will be
SUMMARY:
E:\FR\FM\14JYN1.SGM
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Agencies
[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40714-40716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16419]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-855]
Steel Threaded Rod From India: Final Determination of Sales at
Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances, in Part; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that
steel threaded rod (``STR'') from India is being, or is likely to be,
sold in the United States at less than fair value (``LTFV''), as
provided in section 735 of the Tariff Act of 1930, as amended (``the
Act''). The final weighted-average dumping margins of sales at LTFV are
shown in the ``Final Determination'' section of this notice.
DATES: Effective Date: July 14, 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, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 40715]]
Background
The Department published its Preliminary Determination on February
18, 2014.\1\ On May 27, 2014, we received case briefs from All America
Threaded Products Inc., Bay Standard Manufacturing Inc., and Vulcan
Threaded Products Inc. (collectively, ``Petitioners''), and Mangal
Steel Enterprises Limited (``Mangal''). On June 2, 2014, Petitioners
and Mangal submitted rebuttal briefs. On June 9, 2014, the Department
conducted a hearing.
---------------------------------------------------------------------------
\1\ See 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, 79 FR 9164 (February 18, 2014)
(``Preliminary Determination'').
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is April 1, 2012, through
March 31, 2013.
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 these investigations are
nonheaded and threaded along greater than 25 percent of their total
length. A variety of finishes or coatings, such as plain oil finish as
a temporary rust protectant, zinc coating (i.e., galvanized, whether by
electroplating or hot-dipping), paint, and other similar finishes and
coatings, may be applied to the merchandise.
Included in the scope of this investigation are steel threaded rod,
bar, or studs, in which: (1) Iron predominates, by weight, over each of
the other contained elements; (2) the carbon content is 2 percent or
less, by weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
1.80 percent of manganese, or
1.50 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.012 percent of boron, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.41 percent of titanium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
Steel threaded rod is currently classifiable under subheadings
7318.15.5051, 7318.15.5056, 7318.15.5090 and 7318.15.2095 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Excluded from the scope of this investigation are: (a) Threaded
rod, bar, or studs which are threaded only on one or both ends and the
threading covers 25 percent or less of the total length; and (b)
threaded rod, bar, or studs made to American Society for Testing and
Materials (``ASTM'') A193 Grade B7, ASTM A193 Grade B7M, ASTM A193
Grade B16, and ASTM A320 Grade L7. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description of
the scope of this investigation is dispositive.
Verification
As provided in section 782(i) of the Act, the Department verified
the information submitted by Mangal for use in the final determination.
The Department used standard verification procedures, including
examination of relevant accounting and production records and original
source documents provided by the respondent.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs for this
investigation are addressed in the Issues and Decision Memorandum.\2\ A
list of the issues which parties raised and to which we responded in
the Issues and Decision Memorandum is attached to this notice as an
Appendix. The Issues and 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''). Access to 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 Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn. The paper copy and electronic version of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\2\ See the memorandum ``Issues and Decision Memorandum for the
Final Determination in the Antidumping Duty Investigation of Steel
Threaded Rod from India,'' dated concurrently with this notice
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
We corrected certain U.S. postal zip codes reported in
Mangal's U.S. sales database based on verification findings for
purposes of our differential pricing analysis.\3\
---------------------------------------------------------------------------
\3\ See the CEP Verification Report at item IV. A.
---------------------------------------------------------------------------
We applied partial neutral facts available to account for
minor unreported sales found at verification, pursuant to section
776(a) of the Act.\4\
---------------------------------------------------------------------------
\4\ Id. at item VIII and ``Analysis Memorandum, Final
Determination of Sales at Less Than Fair Value,'' (``Analysis
Memo'') dated concurrently with this notice.
---------------------------------------------------------------------------
We treated sales made from WCP's inventory as CEP sales,
in accordance with section 772(b) of the Act.\5\
---------------------------------------------------------------------------
\5\ See the Analysis Memo and the Issues and Decision Memorandum
at Comment 2.
---------------------------------------------------------------------------
Final Determination
For the final determination, the following margins exist for the
following entities for the POI:
------------------------------------------------------------------------
Weighted-average
Exporter and/or producer dumping margin
(percent)
------------------------------------------------------------------------
Mangal Steel Enterprises Limited..................... 16.74
Babu Exports......................................... 119.87
All Others........................................... 16.74
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Critical Circumstances
In the Preliminary Determination, for mandatory respondent Babu
Exports, in accordance with sections 776(a) and (b) of the Act, we
applied facts available with an adverse inference to determine that
critical circumstances exist with respect to its exports of STR to the
United States.\6\ Parties submitted no additional information or
comments on the Department's preliminary critical circumstances
determination. Thus, we made no changes to our critical circumstances
analysis announced in the Preliminary Determination.\7\ Therefore,
pursuant to section 735(a)(3) of the Act, we continue to find that
critical circumstances exist with respect to imports of STR from India
from mandatory respondent Babu Exports. We continue to find that
critical circumstances do not exist with respect to imports of STR from
India from mandatory respondent, Mangal Steel, and ``all other''
exporters or producers.
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\6\ See Preliminary Determination, 79 FR at 9165, and
accompanying Preliminary Decision Memo, at pages 9-13.
\7\ Id.
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[[Page 40716]]
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As noted above, the Department found that critical circumstances
exist with respect to imports of the merchandise under consideration
from Babu Exports. Therefore, in accordance with section 735(c)(4) of
the Act, we will instruct U.S. Customs and Border Protection (``CBP'')
to continue to suspend liquidation of all entries of STR from India
from Babu Exports that were entered, or withdrawn from warehouse, for
consumption on or after the date 90 days prior to publication of the
Preliminary Determination in the Federal Register and require a cash
deposit for such entries as noted below. Because we did not find that
critical circumstances exist with respect to Mangal and ``all other''
exporters or producers, in accordance with section 735(c)(1) of the
Act, we will instruct CBP to continue to suspend liquidation of all
other entries of STR from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the Preliminary
Determination in the Federal Register. These suspension of liquidation
instructions will remain in effect until further notice.
In the final determination of the companion countervailing duty
investigation on STR from India, the Department determined that certain
companies benefitted from export subsidies.\8\ Pursuant to sections
735(c)(1) and 772(c)(1)(C) of the Act and 19 CFR 351.210(d), the
Department will instruct CBP to require cash deposits \9\ equal to the
weighted-average dumping margins indicated in the table above, adjusted
where appropriate for export subsidies. These cash deposit instructions
will remain in effect until further notice.
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\8\ See Steel Threaded Rod from India: Final Affirmative
Countervailing Duty Determination and Partial Final Affirmative
Determination of Critical Circumstances, dated concurrently with
this notice.
\9\ 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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International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will 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 STR from India no later than 45 days after our
final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all securities posted will be refunded or canceled. If
the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing CBP to assess antidumping
duties on all imports of the merchandise under investigation entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders (``APO'')
This notice also serves as a reminder to the parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely written notification of return or destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: July 3, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
Background
Scope of the Investigation
Discussion of the Issues
Comment 1: Whether to Collapse Mangal and Corona
Comment 2: Whether Mangal's Sales are Constructed Export Price Sales
or Export Price Sales
Comment 3: Whether the Department's Targeted Dumping Regulation was
Unlawfully Withdrawn and Must be Employed in This Investigation
Comment 4: Application of the Alternative Methodology
Recommendation
[FR Doc. 2014-16419 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-DS-P