Steel Threaded Rod From India: Final Affirmative Countervailing Duty Determination and Partial Final Affirmative Determination of Critical Circumstances, 40712-40714 [2014-16421]

Download as PDF 40712 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis.16 In either case, the Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. 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 mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Interested Parties This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this determination in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Partial Rescission, 73 FR 15479 (March 24, 2008). 16 See 19 CFR 351.106(c)(2). 19:25 Jul 11, 2014 Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Bona Fides Analysis [FR Doc. 2014–16422 Filed 7–11–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–856] Effective upon publication of the final rescission or the final results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Thanh Hung. If the Department proceeds to a final rescission of this NSR, the cash deposit rate will continue to be the per-unit Vietnam-wide rate for Thanh Hung because the Department will not have determined an individual margin of dumping for Thanh Hung. If the Department issues final results for this NSR, the Department will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. VerDate Mar<15>2010 Dated: July 2, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Jkt 232001 Steel Threaded Rod From India: Final Affirmative Countervailing Duty Determination and Partial Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) determines that countervailable subsidies are being provided to producers and exporters of steel threaded rod from India. For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective Date: July 14, 2014. FOR FURTHER INFORMATION CONTACT: Erin Begnal or Andrew Medley, 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: 202–482–1442 and 202–482– 4987, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This investigation, which covers 13 programs, was initiated on July 24, 2013.1 The petitioners in this investigation are All America Threaded Products Inc., Bay Standard Manufacturing, Inc., and Vulcan Threaded Products Inc. In addition to the Government of India (‘‘GOI’’), the respondents in this investigation are Mangal Steel Enterprises Ltd. (‘‘Mangal Steel’’) and Babu Exports (‘‘Babu’’). Period of Investigation The period for which we are measuring subsidies, or period of 1 See Steel Threaded Rod From India: Initiation of Countervailing Duty Investigation, 78 FR 44532 (July 24, 2013) and accompanying Initiation Checklist. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 investigation (‘‘POI’’), is January 1, 2012, through December 31, 2012. Case History The events that occurred since the Department published the Preliminary Determination on December 19, 2013,2 are discussed in the Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Steel Threaded Rod from India’’ (‘‘Issues and Decision Memorandum’’).3 Scope of the Investigation The merchandise covered by this investigation is steel threaded rod. For a complete description of the scope of the investigation, see Appendix 1 to this notice. Critical Circumstances In our Preliminary Critical Circumstances Determination, we determined that critical circumstances do not exist for Mangal Steel, but do exist with respect to imports from Babu and ‘‘all other’’ exporters of steel threaded rod from India.4 No party submitted comments with respect to, and we made no changes to, our preliminary affirmative critical circumstances determination. Therefore, in accordance with section 705(a)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’), we continue to find that critical circumstances exist with respect to imports from Babu and ‘‘all other’’ exporters of steel threaded rod from India. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, which is hereby adopted by this notice. 2 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) (‘‘Preliminary Determination’’). 3 Public versions of all business proprietary documents and all public documents are 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 in the Department’s Central Records Unit, room 7046 of the main Department of Commerce building. 4 See Steel Threaded Rod from India: Preliminary Affirmative Determination of Critical Circumstances for the Countervailing Duty Investigation, 79 FR 9162 (February 18, 2014) (‘‘Preliminary Critical Circumstances Determination’’). E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices publication of the Preliminary Determination in the Federal Register. Subsequently, as a result of our Preliminary Critical Circumstances Determination, we instructed CBP to suspend liquidation of all entries of subject merchandise from Babu and ‘‘all other’’ exporters of steel threaded rod from India which were 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. Use of Adverse Facts Available for In accordance with section 703(d) of Babu the Act, we issued instructions to CBP For purposes of this Final to discontinue the suspension of Determination, we continue to apply liquidation for countervailing duty adverse facts available (‘‘AFA’’) to Babu (‘‘CVD’’) purposes for subject in accordance with sections 776(a) and merchandise entered, or withdrawn (b) of the Act. A full discussion of our from warehouse, on or after April 19, decision to rely on AFA is presented in 2014, but to continue the suspension of the Issues and Decision Memorandum liquidation of all entries from under the section ‘‘Use of Facts September 20, 2013 or December 19, Otherwise Available and Adverse 2013, as applicable, through April 18, Inferences.’’ 2014. If the International Trade Commission Suspension of Liquidation (‘‘ITC’’) issues a final affirmative injury In accordance with section determination, we will issue a CVD 705(c)(1)(B)(i) of the Act, we calculated order and reinstate the suspension of an individual rate for each respondent. liquidation under section 706(a) of the We determine the total net Act and will require a cash deposit of countervailable subsidy rates to be: estimated CVDs for such entries of merchandise in the amounts indicated Subsidy rate above. If the ITC determines that Company (percent) material injury, or threat of material injury, does not exist, this proceeding Mangal Steel Enterprises Ltd. (‘‘Mangal’’) .................. 8.61 will be terminated and all estimated Babu Exports (‘‘Babu’’) ......... 39.46 duties deposited or securities posted as All Others .............................. 8.61 a result of the suspension of liquidation will be refunded or canceled. Section 705(c)(5)(A)(i) of the Act ITC Notification states that for companies not individually investigated, we will In accordance with section 705(d) of determine an ‘‘all others’’ rate equal to the Act, we will notify the ITC of our the weighted average of the determination. In addition, we are countervailable subsidy rates making available to the ITC all nonestablished for exporters and producers privileged and non-proprietary individually investigated, excluding any information related to this investigation. zero and de minimis countervailable We will allow the ITC access to all subsidy rates, and any rates based privileged and business proprietary entirely on acts available under section information in our files, provided the 776 of the Act. ITC confirms that it will not disclose For this final determination, because such information, either publicly or we are applying total AFA to Babu, the under an administrative protective order only calculated total net countervailable (‘‘APO’’), without the written consent of subsidy rate is the rate we determined the Assistant Secretary for Enforcement for Mangal Steel. Therefore, for the all and Compliance. others rate, we are using Mangal Steel’s Return or Destruction of Proprietary rate. Information As a result of our Preliminary Determination and pursuant to section In the event that the ITC issues a final 703(d) of the Act, we instructed U.S. negative injury determination, this Customs and Border Protection (‘‘CBP’’) notice will serve as the only reminder to suspend liquidation of all entries of to parties subject to an APO of their subject merchandise from India which responsibility concerning the were entered or withdrawn from destruction of proprietary information warehouse, for consumption on or after disclosed under APO in accordance December 19, 2013, the date of the with 19 CFR 351.305(a)(3). Timely mstockstill on DSK4VPTVN1PROD with NOTICES A list of subsidy programs and the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix 2. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. VerDate Mar<15>2010 19:25 Jul 11, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 40713 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 that is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: July 3, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix 1—Scope of the Investigation The merchandise covered by this investigation is steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon quality steel, having a solid, circular cross section, of any diameter, in any straight length, that have been forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished, and into which threaded grooves have been applied. In addition, the steel threaded rod, bar, or studs subject to this investigation are nonheaded and threaded along greater than 25 percent of their total length. A variety of finishes or coatings, such as plain oil finish as a temporary rust protectant, zinc coating (i.e., galvanized, whether by electroplating or hot-dipping), paint, and other similar finishes and coatings, may be applied to the merchandise. Included in the scope of this investigation are steel threaded rod, bar, or studs, in which: (1) iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: • 1.80 percent of manganese, or • 1.50 percent of silicon, or • 1.00 percent of copper, or • 0.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 1.25 percent of nickel, or • 0.30 percent of tungsten, or • 0.012 percent of boron, or • 0.10 percent of molybdenum, or • 0.10 percent of niobium, or • 0.41 percent of titanium, or • 0.15 percent of vanadium, or • 0.15 percent of zirconium. Steel threaded rod is currently classifiable under subheadings 7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Excluded from the scope of this investigation are: (a) threaded rod, bar, or studs which are threaded only on one or both ends and the threading covers 25 percent or less of the total length; and (b) threaded rod, bar, or studs made to American Society for Testing and Materials (‘‘ASTM’’) A193 Grade E:\FR\FM\14JYN1.SGM 14JYN1 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 VerDate Mar<15>2010 19:25 Jul 11, 2014 Jkt 232001 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). PO 00000 Frm 00010 Fmt 4703 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 14JYN1

Agencies

[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40712-40714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16421]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-856]


Steel Threaded Rod From India: Final Affirmative Countervailing 
Duty Determination and Partial Final Affirmative Determination of 
Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that 
countervailable subsidies are being provided to producers and exporters 
of steel threaded rod from India. For information on the estimated 
subsidy rates, see the ``Suspension of Liquidation'' section of this 
notice.

DATES: Effective Date: July 14, 2014.

FOR FURTHER INFORMATION CONTACT: Erin Begnal or Andrew Medley, 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: 202-482-1442 
and 202-482-4987, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This investigation, which covers 13 programs, was initiated on July 
24, 2013.\1\ The petitioners in this investigation are All America 
Threaded Products Inc., Bay Standard Manufacturing, Inc., and Vulcan 
Threaded Products Inc. In addition to the Government of India 
(``GOI''), the respondents in this investigation are Mangal Steel 
Enterprises Ltd. (``Mangal Steel'') and Babu Exports (``Babu'').
---------------------------------------------------------------------------

    \1\ See Steel Threaded Rod From India: Initiation of 
Countervailing Duty Investigation, 78 FR 44532 (July 24, 2013) and 
accompanying Initiation Checklist.
---------------------------------------------------------------------------

Period of Investigation

    The period for which we are measuring subsidies, or period of 
investigation (``POI''), is January 1, 2012, through December 31, 2012.

Case History

    The events that occurred since the Department published the 
Preliminary Determination on December 19, 2013,\2\ are discussed in the 
Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of Steel 
Threaded Rod from India'' (``Issues and Decision Memorandum'').\3\
---------------------------------------------------------------------------

    \2\ 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) (``Preliminary Determination'').
    \3\ Public versions of all business proprietary documents and 
all public documents are 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 in 
the Department's Central Records Unit, room 7046 of the main 
Department of Commerce building.
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is steel threaded 
rod. For a complete description of the scope of the investigation, see 
Appendix 1 to this notice.

Critical Circumstances

    In our Preliminary Critical Circumstances Determination, we 
determined that critical circumstances do not exist for Mangal Steel, 
but do exist with respect to imports from Babu and ``all other'' 
exporters of steel threaded rod from India.\4\ No party submitted 
comments with respect to, and we made no changes to, our preliminary 
affirmative critical circumstances determination. Therefore, in 
accordance with section 705(a)(2) of the Tariff Act of 1930, as amended 
(``the Act''), we continue to find that critical circumstances exist 
with respect to imports from Babu and ``all other'' exporters of steel 
threaded rod from India.
---------------------------------------------------------------------------

    \4\ See Steel Threaded Rod from India: Preliminary Affirmative 
Determination of Critical Circumstances for the Countervailing Duty 
Investigation, 79 FR 9162 (February 18, 2014) (``Preliminary 
Critical Circumstances Determination'').
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum, which is hereby 
adopted by this notice.

[[Page 40713]]

A list of subsidy programs and the issues that parties raised, and to 
which we responded in the Issues and Decision Memorandum, is attached 
to this notice as Appendix 2. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at https://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Use of Adverse Facts Available for Babu

    For purposes of this Final Determination, we continue to apply 
adverse facts available (``AFA'') to Babu in accordance with sections 
776(a) and (b) of the Act. A full discussion of our decision to rely on 
AFA is presented in the Issues and Decision Memorandum under the 
section ``Use of Facts Otherwise Available and Adverse Inferences.''

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual rate for each respondent. We determine the 
total net countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Mangal Steel Enterprises Ltd. (``Mangal'')..............            8.61
Babu Exports (``Babu'').................................           39.46
All Others..............................................            8.61
------------------------------------------------------------------------

    Section 705(c)(5)(A)(i) of the Act states that for companies not 
individually investigated, we will determine an ``all others'' rate 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero and de minimis countervailable subsidy rates, and 
any rates based entirely on acts available under section 776 of the 
Act.
    For this final determination, because we are applying total AFA to 
Babu, the only calculated total net countervailable subsidy rate is the 
rate we determined for Mangal Steel. Therefore, for the all others 
rate, we are using Mangal Steel's rate.
    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (``CBP'') to suspend liquidation of all entries of subject 
merchandise from India which were entered or withdrawn from warehouse, 
for consumption on or after December 19, 2013, the date of the 
publication of the Preliminary Determination in the Federal Register. 
Subsequently, as a result of our Preliminary Critical Circumstances 
Determination, we instructed CBP to suspend liquidation of all entries 
of subject merchandise from Babu and ``all other'' exporters of steel 
threaded rod from India which were 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.
    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
countervailing duty (``CVD'') purposes for subject merchandise entered, 
or withdrawn from warehouse, on or after April 19, 2014, but to 
continue the suspension of liquidation of all entries from September 
20, 2013 or December 19, 2013, as applicable, through April 18, 2014.
    If the International Trade Commission (``ITC'') issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (``APO''), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 that is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: July 3, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix 1--Scope of the Investigation

    The merchandise covered by this investigation is steel threaded 
rod. Steel threaded rod is certain threaded rod, bar, or studs, of 
carbon quality steel, having a solid, circular cross section, of any 
diameter, in any straight length, that have been forged, turned, 
cold-drawn, cold-rolled, machine straightened, or otherwise cold-
finished, and into which threaded grooves have been applied. In 
addition, the steel threaded rod, bar, or studs subject to this 
investigation are nonheaded and threaded along greater than 25 
percent of their total length. A variety of finishes or coatings, 
such as plain oil finish as a temporary rust protectant, zinc 
coating (i.e., galvanized, whether by electroplating or hot-
dipping), paint, and other similar finishes and coatings, may be 
applied to the merchandise.
    Included in the scope of this investigation are steel threaded 
rod, bar, or studs, in which: (1) iron predominates, by weight, over 
each of the other contained elements; (2) the carbon content is 2 
percent or less, by weight; and (3) none of the elements listed 
below exceeds the quantity, by weight, respectively indicated:
     1.80 percent of manganese, or
     1.50 percent of silicon, or
     1.00 percent of copper, or
     0.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     1.25 percent of nickel, or
     0.30 percent of tungsten, or
     0.012 percent of boron, or
     0.10 percent of molybdenum, or
     0.10 percent of niobium, or
     0.41 percent of titanium, or
     0.15 percent of vanadium, or
     0.15 percent of zirconium.
    Steel threaded rod is currently classifiable under subheadings 
7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.
    Excluded from the scope of this investigation are: (a) threaded 
rod, bar, or studs which are threaded only on one or both ends and 
the threading covers 25 percent or less of the total length; and (b) 
threaded rod, bar, or studs made to American Society for Testing and 
Materials (``ASTM'') A193 Grade

[[Page 40714]]

B7, ASTM A193 Grade B7M, ASTM A193 Grade B16, and ASTM A320 Grade 
L7.

Appendix 2--Subsidy Programs and Issues in the Issues and Decision 
Memorandum

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
    Comment 6: Minor Corrections to Calculations for Export 
Promotion of Capital Goods Scheme
IX. RECOMMENDATION

[FR Doc. 2014-16421 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-DS-P