Certain Steel Threaded Rod From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016, 51611-51613 [2017-24178]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51611-51613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24178]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 5, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain steel threaded rod from the People's 
Republic of China (PRC) for the period of review (POR), April 1, 2015, 
through March 31, 2016. For the final results of this review, the 
Department finds that Jiaxing Brother Fastener Co., Ltd., RMB Fasteners 
Ltd., and IFI & Morgan Ltd. (RMB/IFI) had a single shipment, and 
Tianjin Port Free Trade Zone and Star Pipe International Trade Co., 
Ltd. (Tianjin Star) is eligible for a separate rate.

DATES: Applicable November 7, 2017.

FOR FURTHER INFORMATION CONTACT: Courtney Canales or Matthew Renkey, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4997 or (202) 
482-2312, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 5, 2017, the Department published the Preliminary Results of 
the antidumping duty order on certain steel threaded rod from the 
PRC.\1\ On June 12,

[[Page 51612]]

2017, the petitioner submitted case briefs.\2\ On June 16, 2017 the 
Department released draft U.S. Customs and Border Protection (CBP) 
instructions.\3\ On June 21, 2017, RMB/IFI and Tianjin Star submitted 
rebuttal briefs.\4\ On September 1, 2017, the Department extended the 
deadline for the final results to November 1, 2017.\5\
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    \1\ See Certain Steel Threaded Rod from the People's Republic of 
China: Preliminary Results of the Antidumping Duty Administrative 
Review, and Rescission of Antidumping Duty Administrative Review; 
2014-2015, 82 FR 21189 (May 5, 2017) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
    \2\ See the petitioner's June 12, 2017 submission.
    \3\ See Memo to the File, from Courtney Canales, International 
Trade Compliance Analyst, ``Certain Steel Threaded Rod from the 
People's Republic of China: Cash Deposit and Liquidation 
Instructions for the Preliminary Results,'' dated June 16, 2017.
    \4\ See RMB/IFI's June 21, 2017 submission; Tianjin Star's June 
21, 2017 submission.
    \5\ See Memorandum to Scot T. Fullerton, Director, Office VI, 
from Courtney Canales, International Trade Compliance Analyst, 
``Certain Steel Threaded Rod from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated September 1, 2017.
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    We note that no party submitted comments on the Department's 
preliminary determination to treat Zhejiang New Oriental Fastener Co., 
Ltd. (New Oriental), Zhejiang Heiter Industries Co., Ltd. (Heiter 
Industries), and Zhejiang Heiter Mfg. & Trade Co. Ltd. (Heiter Mfg. as 
part of the PRC-wide entity. Therefore, for these final results, we 
continue to find that New Oriental, Heiter Industries, and Heiter Mfg. 
are part of the PRC-wide entity. We also note that no party submitted 
comments on the draft CBP instructions.
    The Department conducted this administrative review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

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 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order, which is contained in 
the accompanying Issues and Decision Memorandum (I&D Memo), is 
dispositive.\6\
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    \6\ For a full description of the scope of the order, see 
Memorandum from James Maeder Senior Director, performing the duties 
of Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Gary Taverman, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, performing the non-
exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Certain Steel Threaded Rod from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the Seventh Administrative Review'' (November 1, 
2017) (I&D Memo).
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs by 
parties in this review in the I&D Memo dated concurrently with, and 
hereby adopted by, this notice. A list of the issues which parties 
raised is attached in the Appendix to this notice. The I&D Memo is a 
public document and is on file in the Central Records Unit (CRU), Room 
B8024 of the main Department of Commerce building, as well as 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
in the CRU. In addition, a complete version of the I&D Memo can be 
accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed I&D Memo and the electronic versions of the I&D 
Memo are identical in content.

Final Results

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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RMB Fasteners Ltd. and IFI & Morgan Ltd. (RMB/IFI)..........        0.00
Tianjin Port Free Trade Zone Tianjin Star International             5.40
 Trade Co., Ltd.............................................
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    Because no party requested a review of the PRC-wide entity, and the 
Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\7\ we did not conduct 
a review of the PRC-wide entity. Thus, the weighted-average dumping 
margin for the PRC-wide entity (i.e., 206.00 percent) \8\ is not 
subject to change as a result of this review.
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    \7\ 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 65963, 65969-70 (November 
4, 2013).
    \8\ The rate for the PRC-wide entity was originally set in the 
original investigation, see Certain Steel Threaded Rod from the 
People's Republic of China: Final Determination of Sales at Less 
than Fair Value, 74 FR 8907 (February 27, 2009). This rate has been 
applied in each subsequent administrative review in which there was 
a party being considered as part of the PRC-wide entity.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
the Department has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the final 
results of this administrative review.
    Where the respondent reported reliable entered values, we 
calculated importer (or customer)-specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\9\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit rates.\10\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\11\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\12\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ Id.
    \11\ Id.
    \12\ See 19 CFR 351.106(c)(2).
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    Pursuant to the Department's assessment practice, for entries that 
were not reported in the U.S. sales data submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the rate for the PRC-wide entity.\13\
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Reseller 
Policy).
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    For the one suspended AD/CVD entry for which RMB/IFI had knowledge 
of sale in the United States, the Department will direct CBP to 
liquidate that entry without regard to antidumping duties. For all 
other entries claiming RMB/IFI as the exporter or producer, the 
Department will direct CBP to liquidate such entries and to assess 
antidumping duties pursuant to the Reseller Policy, i.e., at the rate 
for the PRC-wide entity. For all suspended AD/CVD entries by Tianjin 
Star, the Department will direct CBP to liquidate such entries and to 
assess antidumping duties at the rate identified in the Final Results 
section above.

[[Page 51613]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-Wide rate of 206 percent; 
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 exporters that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with the final results within five 
days of its public announcement, or if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because the Department has 
not calculated a weighted-average dumping margin for either of the 
mandatory respondents, there are no calculations to disclose.

Notification to Importers

    This notice also serves as a final 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    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 the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the 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 violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
351.221(b)(5).

    Dated; November 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties for the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Scope
III. Background
IV. Discussion of the Issues
    Comment 1: Circumvention Concerns and Treatment of RMB/IFI
    Comment 2: Proper Classification and Collection of Antidumping 
Duties on Tianjin Star's Entries
V. Conclusion

[FR Doc. 2017-24178 Filed 11-6-17; 8:45 am]
BILLING CODE 3510-DS-P