Certain Steel Threaded Rod From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017, 57429-57431 [2018-24942]
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices
notice serves 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 or
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 subject to sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: November 5, 2018.
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.
khammond on DSK30JT082PROD with NOTICES
Appendix I—Scope of the Investigation
The merchandise covered by the
investigation is aluminum common alloy
sheet (common alloy sheet), which is a flatrolled aluminum product having a thickness
of 6.3 mm or less, but greater than 0.2 mm,
in coils or cut-to-length, regardless of width.
Common alloy sheet within the scope of the
investigation includes both not clad
aluminum sheet, as well as multi-alloy, clad
aluminum sheet. With respect to not clad
aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core.
Common alloy sheet may be made to
ASTM specification B209–14, but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of the
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an
H–19, H–41, H–48, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
VerDate Sep<11>2014
16:53 Nov 14, 2018
Jkt 247001
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080,
7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of
these investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3030, 7606.91.3060,
7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Final Determination of Critical
Circumstances, in Part
IV. Scope of the Investigation
V. Scope Comments
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether Commerce’s SelfInitiation of This Investigation Was
Lawful
Comment 2: Whether Commerce’s
Investigation of Critical Circumstances
Was Lawful
Comment 3: Whether To Make a Separate
Critical Circumstances Determination for
TCI
Comment 4: Whether Commerce Should
Continue To Apply AFA to the Export
Buyer’s Credit Program
Comment 5: Whether Commerce’s Finding
That the Aluminum and Steal Coal
Markets Are Distorted Is Supported by
Substantial Evidence
Comment 6: Whether Commerce Should
Apply AFA to Yong Jie New Material’s
Financing
Comment 7: Whether Commerce Should
Adjust Its Benefit Calculation for the
Provision of Land for Less Than
Adequate Remuneration
Comment 8: Whether Commerce Should
Apply AFA to Mingtai’s Financing
Comment 9: Whether Commerce Should
Amend Its Preliminary Calculation for
Subsidies Received by Mingtai
XI. Recommendation
[FR Doc. 2018–24867 Filed 11–14–18; 8:45 am]
BILLING CODE 3510–DS–P
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57429
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 and Final
Determination of No Shipments; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that Jiaxing Brother
Fastener Co., Ltd. (Jiaxing Brother),
RMB Fasteners Ltd. (RMB), and IFI &
Morgan Ltd. (IFI), collectively RMB/IFI,
had no shipments during the period of
review (POR), April 1, 2016, through
March 31, 2017. We also continue to
find that Fastenal Canada Ltd. (Fastenal
Canada) did not cooperate to the best of
its ability and have based its margin on
adverse facts available (AFA) for these
final results.
DATES: Applicable November 15, 2018.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202.482.0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 17, 2018, Commerce
published the Preliminary Results of the
antidumping duty order on certain steel
threaded rod (STR) from the People’s
Republic of China (China).1 In
accordance with 19 CFR 351.309, we
invited parties to comment on our
Preliminary Results. On June 18, 2018,
RMB/IFI submitted its case brief.2 On
June 19, 2018, RMB/IFI re-submitted its
case brief because the original brief
inadvertently included certain
proprietary information in one of the
exhibits.3 On June 26, 2018, the
petitioner, Vulcan Threaded Products
Inc., submitted its rebuttal brief.4 On
September 12, 2018, Commerce
extended the deadline for the final
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; 2016–2017, 83 FR 22945 (May 17, 2018)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
2 See RMB/IFI’s June 18, 2018 submission.
3 See RMB/IFI’s June 19, 2018 submission.
4 The petitioner is Vulcan Threaded Products Inc.
See the petitioner’s June 26, 2018 submission.
E:\FR\FM\15NON1.SGM
15NON1
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices
results to November 8, 2018.5 On
September 19, 2018, Commerce rejected
RMB/IFI’s case brief because it
contained new factual information.6 In
addition, on September 19, 2018,
Commerce rejected the petitioner’s
rebuttal brief because it contained new
argument which did not rebut any
arguments made by RMB/IFI in its case
brief.7 On September 21, 2018, RMB/IFI
refiled its case brief.8 The petitioner did
not refile its rebuttal brief. To complete
the administrative record, Commerce
requested that Jiaxing Brother submit a
no shipments certification, if it had no
shipments during the POR.9 On October
31, 2018, Jiaxing Brother submitted a no
shipments certification.10
Commerce 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.11
khammond on DSK30JT082PROD with NOTICES
Analysis of Comments Received
We addressed the issue raised in
RMB/IFI’s case brief in the I&D Memo
dated concurrently with, and hereby
adopted by, this notice. The issue it
raised is attached in the Appendix to
16:53 Nov 14, 2018
Jkt 247001
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that RMB/IFI did not have
any reviewable transactions during the
POR. For these final results, we
continue to find that Jiaxing Brother is
a part of RMB/IFI,12 and that Jiaxing
Brother Standard Part Co., Ltd. is a
‘‘doing-business-as’’ name for Jiaxing
Brother.13 Moreover, consistent with
Commerce’s assessment practice in nonmarket economy (NME) cases, we
completed the review with respect to
RMB/IFI. Based on our analysis of the
record information, including CBP
information, we continue to determine
that RMB/IFI (a single entity that
includes Jiaxing Brother Standard Part
Co., Ltd./Jiaxing Brother Fastener Co.,
Ltd.) did not have any shipments during
the POR. As noted in the ‘‘Assessment
Rates’’ section below, Commerce
intends to issue appropriate instructions
to CBP for the above-named companies
based on the final results of this review.
Final Results
5 See Memorandum to James Maeder, Associate
Deputy Assistant Secretary, from James C. Doyle,
Director, ‘‘Certain Steel Threaded Rod from the
People’s Republic of China: Extension of Deadline
for Final Results of 2016–2017 Antidumping Duty
Administrative Review,’’ dated September 12, 2018.
6 See Commerce’s letter to RMB/IFI dated
September 19, 2018.
7 See Commerce’s letter to the petitioner dated
September 19, 2018.
8 See RMB/IFI’s September 21, 2018 submission
(RMB/IFI’s Case Brief).
9 See Commerce’s memo to the File, October 29,
2018.
10 See RMB/IFI’s October 31, 2018 submission.
11 For a full description of the scope of the order,
see Memorandum from James Maeder, Associate
Deputy Assistant Secretary, 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 Eighth
Administrative Review’’ (I&D Memo), dated
concurrently with, and hereby adopted by, this
notice.
VerDate Sep<11>2014
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 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.
No interested party submitted
comments on Commerce’s preliminary
determination to apply AFA to Fastenal
12 Commerce
determined that Jiaxing Brother,
RMB and IFI constituted a single entity in the
investigation on steel threaded rod from China. See
Certain Steel Threaded Rod from the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value, 73 FR 58931, 58932
(October 8, 2008), unchanged in 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). We have
received no information in this review to call into
question that finding and therefore continue to treat
them as a single entity for purposes of this review.
13 See, e.g., Certain Steel Threaded Rod From the
People’s Republic of China: Preliminary Results and
Partial Rescission of the Antidumping Duty
Administrative Review; 2014–2015, 81 FR 29843
(May 13, 2016) and accompanying PDM at 1, 2,
unchanged in Certain Steel Threaded Rod from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2014–
2015, 81 FR 83800 (November 22, 2016) and
accompanying IDM at 2; see also RMB/IFI’s October
31, 2018 submission.
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Canada. Therefore, we have continued
to apply AFA with respect to Fastenal
Canada, and have continued to assign it
an AFA rate of 206.00 percent.
Moreover, we continue to find that
Brother Holding Group Co. Ltd, and
Zhejiang Morgan Brother Technology
Co. Ltd. are a part of the China-wide
entity and subject to its rate of 206.00
percent.14 Although in the Preliminary
Results we found Jiaxing Brother
Standard Part Co., Ltd. to be a part of
the China-wide entity, for these final
results, and as noted above, we find this
company to be a part of RMB/IFI (which
had no shipments during the POR), and
that it is not a part of the China-wide
entity.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), Commerce
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. Commerce intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the final results of this administrative
review. Commerce will assess duties
only on entries of subject merchandise
(i.e., Chinese-origin STR).
Pursuant to Commerce’s assessment
practice, because we found it had no
shipments, for all entries claiming RMB/
IFI as the exporter or producer,
Commerce will direct CBP to liquidate
such entries and to assess antidumping
duties pursuant to the Reseller Policy,
i.e., at the rate for the China-wide
entity.15
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
14 The rate for the China-wide entity was set in
the 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 considered as part of the
China-wide entity. Commerce’s policy regarding
conditional review of the China-wide entity applies
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 65963
(November 4, 2013). Under this policy, the Chinawide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a
review of the China-wide entity, the entity is not
under review and the entity’s rate is not subject to
change.
15 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Reseller Policy).
E:\FR\FM\15NON1.SGM
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices
administrative review for all shipments
of the subject merchandise from China
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
Fastenal Canada’s Chinese-origin
merchandise, the cash deposit rate will
be 206.00 percent; (2) for previously
investigated or reviewed Chinese and
non-Chinese 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 Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the China-wide rate of 206.00
percent; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporters that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure
Normally, Commerce 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 Commerce has not
calculated a weighted-average dumping
margin for any respondent, there are no
calculations to disclose.
khammond on DSK30JT082PROD with NOTICES
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
Commerce’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
VerDate Sep<11>2014
16:53 Nov 14, 2018
Jkt 247001
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 7, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Scope
III. Background
IV. Discussion of the Issue
Comment: Alternative Name for Jiaxing
Brother
V. Conclusion
[FR Doc. 2018–24942 Filed 11–14–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG233
Northeast Regional Stock Assessment
Workshop and Stock Assessment
Review Committee Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
NMFS and the Northeast
Regional Stock Assessment Workshop
(SAW) will convene the 66th SAW
Stock Assessment Review Committee
for the purpose of reviewing stock
assessments of Summer Flounder and
Striped Bass. The Northeast Regional
SAW is a formal scientific peer-review
process for evaluating and presenting
stock assessment results to managers for
fish stocks in the offshore U.S. waters of
the northwest Atlantic. Assessments are
prepared by SAW working groups and
reviewed by an independent panel of
stock assessment experts called the
Stock Assessment Review Committee, or
SARC. The public is invited to attend
the presentations and discussions
between the review panel and the
scientists who have participated in the
stock assessment process.
DATES: The public portion of the Stock
Assessment Review Committee Meeting
SUMMARY:
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57431
will be held from November 27, 2018–
November 30, 2018. The meeting will
commence on November 27, 2018 at 10
a.m. Eastern Standard Time. Please see
SUPPLEMENTARY INFORMATION for the
daily meeting agenda.
ADDRESSES: The meeting will be held in
the S.H. Clark Conference Room in the
Aquarium Building of the National
Marine Fisheries Service, Northeast
Fisheries Science Center (NEFSC), 166
Water Street, Woods Hole, MA 02543.
FOR FURTHER INFORMATION CONTACT:
James Weinberg, 508–495–2352; email:
james.weinberg@noaa.gov.
SUPPLEMENTARY INFORMATION: For
further information, please visit the
NEFSC website at https://
www.nefsc.noaa.gov. For additional
information about the SARC meeting
and the stock assessment review, please
visit the NMFS/NEFSC SAW web page
at https://www.nefsc.noaa.gov/saw/.
Daily Meeting Agenda—SAW/SARC 66
Benchmark Stock Assessment for
Summer Flounder and Striped Bass
(Subject to Change; All Times Are
Approximate and May Be Changed at
the Discretion of the SARC Chair)
Tuesday, November 27, 2018
10 a.m.–10:45 a.m. Welcome
Introductions, James Weinberg,
SAW Chair; and Robert Latour,
SARC Chair
10:45 a.m.–12:45 p.m. Summer
Flounder Assessment Presentation,
Mark Terceiro
12:45 p.m.–1:45 p.m. Lunch
1:45 p.m.–3:45 p.m. Summer Flounder
Presentation (cont.), Mark Terceiro
3:45 p.m.–4 p.m. Break
4 p.m.–5:45 p.m. Summer Flounder
SARC Discussion, Robert Latour,
SARC Chair
5:45 p.m.–6 p.m. Public Comment
Period
Wednesday, November 28, 2018
8:30 a.m.–10:30 a.m. Striped Bass
Assessment Presentation, Katie
Drew
10:30 a.m.–10:45 a.m. Break
10:45 a.m.–12:30 a.m. Striped Bass
presentation (cont.), Katie Drew
12:30–1:30 p.m.—Lunch
1:30 p.m.–3:30 p.m. Striped Bass
SARC Discussion, Robert Latour,
SARC Chair
3:30 p.m.–3:45 p.m. Public comments
3:45 p.m.–4 p.m. Break
4 p.m.–6 p.m. Revisit with Presenters
(Summer Flounder), Robert Latour,
SARC Chair
Thursday, November 29, 2018
8:30 a.m.–10:30 a.m. Revisit with
Presenters (Striped Bass), Robert
Latour, SARC Chair
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Agencies
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57429-57431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24942]
-----------------------------------------------------------------------
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 and Final
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Jiaxing
Brother Fastener Co., Ltd. (Jiaxing Brother), RMB Fasteners Ltd. (RMB),
and IFI & Morgan Ltd. (IFI), collectively RMB/IFI, had no shipments
during the period of review (POR), April 1, 2016, through March 31,
2017. We also continue to find that Fastenal Canada Ltd. (Fastenal
Canada) did not cooperate to the best of its ability and have based its
margin on adverse facts available (AFA) for these final results.
DATES: Applicable November 15, 2018.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: 202.482.0413.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2018, Commerce published the Preliminary Results of the
antidumping duty order on certain steel threaded rod (STR) from the
People's Republic of China (China).\1\ In accordance with 19 CFR
351.309, we invited parties to comment on our Preliminary Results. On
June 18, 2018, RMB/IFI submitted its case brief.\2\ On June 19, 2018,
RMB/IFI re-submitted its case brief because the original brief
inadvertently included certain proprietary information in one of the
exhibits.\3\ On June 26, 2018, the petitioner, Vulcan Threaded Products
Inc., submitted its rebuttal brief.\4\ On September 12, 2018, Commerce
extended the deadline for the final
[[Page 57430]]
results to November 8, 2018.\5\ On September 19, 2018, Commerce
rejected RMB/IFI's case brief because it contained new factual
information.\6\ In addition, on September 19, 2018, Commerce rejected
the petitioner's rebuttal brief because it contained new argument which
did not rebut any arguments made by RMB/IFI in its case brief.\7\ On
September 21, 2018, RMB/IFI refiled its case brief.\8\ The petitioner
did not refile its rebuttal brief. To complete the administrative
record, Commerce requested that Jiaxing Brother submit a no shipments
certification, if it had no shipments during the POR.\9\ On October 31,
2018, Jiaxing Brother submitted a no shipments certification.\10\
---------------------------------------------------------------------------
\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;
2016-2017, 83 FR 22945 (May 17, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See RMB/IFI's June 18, 2018 submission.
\3\ See RMB/IFI's June 19, 2018 submission.
\4\ The petitioner is Vulcan Threaded Products Inc. See the
petitioner's June 26, 2018 submission.
\5\ See Memorandum to James Maeder, Associate Deputy Assistant
Secretary, from James C. Doyle, Director, ``Certain Steel Threaded
Rod from the People's Republic of China: Extension of Deadline for
Final Results of 2016-2017 Antidumping Duty Administrative Review,''
dated September 12, 2018.
\6\ See Commerce's letter to RMB/IFI dated September 19, 2018.
\7\ See Commerce's letter to the petitioner dated September 19,
2018.
\8\ See RMB/IFI's September 21, 2018 submission (RMB/IFI's Case
Brief).
\9\ See Commerce's memo to the File, October 29, 2018.
\10\ See RMB/IFI's October 31, 2018 submission.
---------------------------------------------------------------------------
Commerce 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.\11\
---------------------------------------------------------------------------
\11\ For a full description of the scope of the order, see
Memorandum from James Maeder, Associate Deputy Assistant Secretary,
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 Eighth Administrative Review'' (I&D Memo), dated concurrently
with, and hereby adopted by, this notice.
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Analysis of Comments Received
We addressed the issue raised in RMB/IFI's case brief in the I&D
Memo dated concurrently with, and hereby adopted by, this notice. The
issue it 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 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 Determination of No Shipments
In the Preliminary Results, Commerce determined that RMB/IFI did
not have any reviewable transactions during the POR. For these final
results, we continue to find that Jiaxing Brother is a part of RMB/
IFI,\12\ and that Jiaxing Brother Standard Part Co., Ltd. is a ``doing-
business-as'' name for Jiaxing Brother.\13\ Moreover, consistent with
Commerce's assessment practice in non-market economy (NME) cases, we
completed the review with respect to RMB/IFI. Based on our analysis of
the record information, including CBP information, we continue to
determine that RMB/IFI (a single entity that includes Jiaxing Brother
Standard Part Co., Ltd./Jiaxing Brother Fastener Co., Ltd.) did not
have any shipments during the POR. As noted in the ``Assessment Rates''
section below, Commerce intends to issue appropriate instructions to
CBP for the above-named companies based on the final results of this
review.
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\12\ Commerce determined that Jiaxing Brother, RMB and IFI
constituted a single entity in the investigation on steel threaded
rod from China. See Certain Steel Threaded Rod from the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value, 73 FR 58931, 58932 (October 8, 2008), unchanged in
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). We have received no information in this review
to call into question that finding and therefore continue to treat
them as a single entity for purposes of this review.
\13\ See, e.g., Certain Steel Threaded Rod From the People's
Republic of China: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2014-2015, 81 FR 29843 (May
13, 2016) and accompanying PDM at 1, 2, unchanged in Certain Steel
Threaded Rod from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2014-2015, 81 FR 83800
(November 22, 2016) and accompanying IDM at 2; see also RMB/IFI's
October 31, 2018 submission.
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Final Results
No interested party submitted comments on Commerce's preliminary
determination to apply AFA to Fastenal Canada. Therefore, we have
continued to apply AFA with respect to Fastenal Canada, and have
continued to assign it an AFA rate of 206.00 percent. Moreover, we
continue to find that Brother Holding Group Co. Ltd, and Zhejiang
Morgan Brother Technology Co. Ltd. are a part of the China-wide entity
and subject to its rate of 206.00 percent.\14\ Although in the
Preliminary Results we found Jiaxing Brother Standard Part Co., Ltd. to
be a part of the China-wide entity, for these final results, and as
noted above, we find this company to be a part of RMB/IFI (which had no
shipments during the POR), and that it is not a part of the China-wide
entity.
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\14\ The rate for the China-wide entity was set in the
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
considered as part of the China-wide entity. Commerce's policy
regarding conditional review of the China-wide entity applies 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 65963 (November 4, 2013). Under this policy, the China-wide
entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity.
Because no party requested a review of the China-wide entity, the
entity is not under review and the entity's rate is not subject to
change.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
Commerce 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.
Commerce intends to issue appropriate assessment instructions directly
to CBP 15 days after publication of the final results of this
administrative review. Commerce will assess duties only on entries of
subject merchandise (i.e., Chinese-origin STR).
Pursuant to Commerce's assessment practice, because we found it had
no shipments, for all entries claiming RMB/IFI as the exporter or
producer, Commerce will direct CBP to liquidate such entries and to
assess antidumping duties pursuant to the Reseller Policy, i.e., at the
rate for the China-wide entity.\15\
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Reseller
Policy).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this
[[Page 57431]]
administrative review for all shipments of the subject merchandise from
China 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 Fastenal Canada's Chinese-origin merchandise, the cash
deposit rate will be 206.00 percent; (2) for previously investigated or
reviewed Chinese and non-Chinese 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 Chinese
exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 206.00 percent; and (4) for all non-Chinese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Chinese exporters that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure
Normally, Commerce 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 Commerce has not calculated a
weighted-average dumping margin for any respondent, 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 Commerce'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 7, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Scope
III. Background
IV. Discussion of the Issue
Comment: Alternative Name for Jiaxing Brother
V. Conclusion
[FR Doc. 2018-24942 Filed 11-14-18; 8:45 am]
BILLING CODE 3510-DS-P