Carbon and Alloy Steel Threaded Rod From India and the People's Republic of China: Initiation of Countervailing Duty Investigations, 10040-10044 [2019-05138]

Download as PDF 10040 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Notices finished, assembled, or packaged in a third country, including by cutting, chamfering, coating, or painting the threaded rod, by attaching the threaded rod to, or packaging it with, another product, or any other finishing, assembly, or packaging operation that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the threaded rod. Carbon and alloy steel threaded rod are also included in the scope of these investigations whether or not imported attached to, or in conjunction with, other parts and accessories such as nuts and washers. If carbon and alloy steel threaded rod are imported attached to, or in conjunction with, such non-subject merchandise, only the threaded rod is included in the scope. Excluded from the scope of these investigations are: (1) 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 actual length; and (2) stainless steel threaded rod, defined as steel threaded rod containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with our without other elements. Excluded from the scope of the antidumping investigation on steel threaded rod from the People’s Republic of China is any merchandise covered by the existing antidumping order on Certain Steel Threaded Rod from the People’s Republic of China. See Certain Steel Threaded Rod from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 2009). Steel threaded rod is currently classifiable under subheadings 7318.15.5051, 7318.15.5056, and 7318.15.5090 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheading 7318.15.2095 and 7318.19.0000 of the HTSUS. The HTSUS subheadings are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. [FR Doc. 2019–05136 Filed 3–18–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–888, C–570–105] Carbon and Alloy Steel Threaded Rod From India and the People’s Republic of China: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable March 13, 2019. FOR FURTHER INFORMATION CONTACT: Ryan Mullen at (202) 482–5260 (India) and Thomas Schauer at (202) 482–0410 (People’s Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade AGENCY: VerDate Sep<11>2014 17:54 Mar 18, 2019 Jkt 247001 Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petitions On February 21, 2019, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of carbon and alloy steel threaded rod (steel threaded rod) from India and China, filed in proper form on behalf of Vulcan Threaded Products Inc. (the petitioner), a domestic producer of steel threaded rod.1 The CVD Petitions were accompanied by antidumping duty (AD) petitions concerning imports of steel threaded rod from India, China, Taiwan, and Thailand. During the period February 25 and 26, 2019, Commerce requested supplemental information pertaining to certain aspects of the CVD Petitions in separate supplemental questionnaires.2 The petitioner filed responses to the supplemental questionnaires between February 28 and March 1, 2019.3 1 See the petitioner’s letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand,’’ dated February 21, 2019 (the Petitions). See also the petitioner’s letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: Clarification of Petitioner Name,’’ dated March 1, 2019. 2 See Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Carbon and Alloy Steel Threaded Rod from the People’s Republic of China: Supplemental Questions,’’ dated February 25, 2019, and Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: Supplemental Questions,’’ (General Issues Supplemental), ‘‘Petition for the Imposition of Countervailing Duties on Imports of Carbon and Alloy Steel Threaded Rod from India: Supplemental Questions,’’ ‘‘Petition for the Imposition of Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod from the People’s Republic of China: Supplemental Questions,’’ ‘‘Petition for the Imposition of Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod from India: Supplemental Questions,’’ ‘‘Petition for the Imposition of Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod from Taiwan: Supplemental Questions,’’ and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod from Thailand: Supplemental Questions,’’ dated February 26, 2019. 3 See the petitioner’s Letters, ‘‘Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: Response to General Issues Questionnaire,’’ (General Issues Supplement) ‘‘Carbon and Alloy Steel Threaded Rod from India: Response to Questionnaire on Countervailing Duty Petition,’’ ‘‘Carbon and Alloy Steel Threaded Rod from China: Response to Questionnaire on Antidumping Petition,’’ ‘‘Carbon and Alloy Steel Threaded Rod from India: Response to Questionnaire on Antidumping Petition,’’ PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Governments of China and India (GOC, and GOI, respectively) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of steel threaded rod in China and India and that imports of such products are materially injuring, or threatening material injury to, the domestic steel threaded rod industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the CVD Petitions are accompanied by information reasonably available to the petitioner supporting their allegations. Commerce finds that the petitioner filed the CVD Petitions on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(E) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support necessary for the initiation of the requested CVD investigations.4 Period of Investigations Because the CVD Petitions were filed on February 21, 2019, the period of investigation is January 1, 2018, through December 31, 2018. Scope of the Investigations The product covered by these investigations is steel threaded rod from China and India. For a full description of the scope of these investigations, see the Appendix to this notice. Comments on the Scope of the Investigations During our review of the CVD Petitions, Commerce issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the CVD Petitions would be an accurate reflection of the products for which the domestic industry is seeking relief.5 As discussed in the Preamble to Commerce’s regulations, we are setting ‘‘Carbon and Alloy Steel Threaded Rod from Taiwan: Response to Questionnaire on Antidumping Petition,’’ and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod from Thailand: Supplemental Questions,’’ dated February 28, 2019, and Letter, ‘‘Carbon and Alloy Steel Threaded Rod from China: Response to Questionnaire on Countervailing Duty Petition,’’ dated March 1, 2019. 4 See the ‘‘Determination of Industry Support for the Petition’’ section, infra. 5 See General Issues Supplemental at 3–4; see also General Issues Supplement at 3–6. E:\FR\FM\19MRN1.SGM 19MRN1 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Notices aside a period for interested parties to raise issues regarding product coverage (scope).6 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,7 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on April 2, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 12, 2019, which is 10 calendar days from the initial comments deadline.8 Commerce requests that any factual information parties consider relevant to the scope of the investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).9 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, 6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 8 See 19 CFR 351.303(b). 9 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/ Handbook%20on%20Electronic%20Filling% 20Procedures.pdf. VerDate Sep<11>2014 17:54 Mar 18, 2019 Jkt 247001 Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC and GOI of the receipt of the CVD Petitions and provided them the opportunity for consultations with respect to the CVD Petitions.10 Consultations were held with the GOI on March 11, 2019.11 The GOC did not request consultations. Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory 10 See Commerce’s Letters, ‘‘Countervailing Duty Petition on Carbon and Alloy Steel Threaded Rod from the People’s Republic of China,’’ dated February 22, 2019, and ‘‘Countervailing Duty Petition on Carbon and Alloy Steel Threaded Rod from India: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated March 1, 2019. 11 See Memorandum to File, ‘‘Consultations with Government Officials from the Government of India on the Countervailing Duty Petition Regarding Steel Threaded Rod from India,’’ dated March 11, 2019. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 10041 definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigations.14 Based on our analysis of the information submitted on the record, we have determined that steel threaded rod, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.15 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the CVD Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the Appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2018, as well as the 2018 production of Bay Standard Manufacturing Inc. 12 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 14 See Volume I of the Petitions, at 8–12. 15 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Carbon and Alloy Steel Threaded Rod from the People’s Republic of China (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petition Covering Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand (Attachment II); see also Countervailing Duty Investigation Initiation Checklist: Carbon and Alloy Steel Threaded Rod from India (India CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 13 See E:\FR\FM\19MRN1.SGM 19MRN1 10042 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Notices (Bay Standard), a U.S. producer of steel threaded rod that supports the CVD Petitions.16 The petitioner compared the production of the supporters of the CVD Petitions to the estimated total production of the domestic like product for the entire domestic industry.17 We relied on data provided by the petitioner and Bay Standard for purposes of measuring industry support.18 Our review of the data provided in the CVD Petitions, the General Issues Supplement, the Letter of Support, and other information readily available to Commerce indicates that the petitioners have established industry support for the CVD Petitions.19 First, the CVD Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).20 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.21 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the CVD Petitions.22 Accordingly, Commerce determines that the CVD Petitions were filed on behalf of the domestic industry, within the meaning of section 702(b)(1) of the Act. Commerce finds that the petitioner filed the CVD Petitions on behalf of the domestic industry, because it is an interested party, as defined in section 771(9)(C) of the Act, and it has demonstrated sufficient industry 16 See Volume I of the Petitions, at Exhibit I–2; see also Letter from Bay Standard, ‘‘Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: Support for the Petitions,’’ dated February 25, 2019 (Letter of Support), at Attachment I. 17 See General Issues Supplement, at 6 and Exhibits 3 and 5. 18 Id. For further discussion, see China CVD Initiation Checklist, at Attachment II; and India CVD Initiation Checklist, at Attachment II. 19 Id. 20 Id.; see also section 702(c)(4)(D) of the Act. 21 See China CVD Initiation Checklist, at Attachment II; and India CVD Initiation Checklist, at Attachment II. 22 Id. VerDate Sep<11>2014 17:54 Mar 18, 2019 Jkt 247001 support with respect to the CVD investigations that it is requesting that Commerce initiate.23 Injury Test Because China and India are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from China and/or India materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.24 In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least developed countries must exceed the negligibility threshold of four percent. The petitioner also demonstrates that subject imports from India, which has been designated as a least developed country under section 771(36)(B) of the Act, exceed the negligibility threshold of four percent.25 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price suppression; decline in the domestic industry’s capacity utilization; the domestic industry’s lagging production and shipments; decline in the domestic industry’s financial performance; and lost sales and revenues.26 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.27 23 Id. 24 See Volume I of the Petitions, at 18 and Exhibit I–14. 25 Id. 26 Id. at 15–35 and Exhibits I–3, I–4, I–10, I–11, I–13, I–14 and I–16 through I–20. 27 See China CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Initiation of CVD Investigations Based on the examination of the CVD Petitions, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of steel threaded rod from China and India benefit from countervailable subsidies conferred by the GOC and GOI. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. China Based on our review of the CVD Petition, we find that there is sufficient information to initiate a CVD investigation on 19 of the 21 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. India Based on our review of the CVD Petition, we find that there is sufficient information to initiate a CVD investigation on 19 of the 52 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the CVD Petitions, the petitioners named 446 companies in China and 32 companies in India as producers/ exporters of steel threaded rod.28 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of steel threaded rod from China and India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers Covering Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand (Attachment III); and India CVD Initiation Checklist, at Attachment III. 28 See Volume I of the Petitions at Exhibit I–13. E:\FR\FM\19MRN1.SGM 19MRN1 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Notices listed in the ‘‘Scope of the Investigation,’’ in the Appendix. On March 11, 2019, Commerce released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of these CVD investigations.29 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Commerce’s website at https://enforcement.trade.gov/ apo. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the CVD Petitions were filed, whether there is a reasonable indication that imports of steel threaded rod from China and India are materially injuring, or threatening material injury to, a U.S. industry.30 A negative ITC determination in any country will result in the investigations being terminated 29 See Memorandum, ‘‘Carbon and Alloy Steel Threaded Rod from the People’s Republic of China (China) Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection’’ dated March 11, 2019, and Memorandum, ‘‘Carbon and Alloy Steel Threaded Rod from India Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,’’ dated March 11, 2019. 30 See section 703(a)(2) of the Act. VerDate Sep<11>2014 17:54 Mar 18, 2019 Jkt 247001 with respect to that country.31 Otherwise, these investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 32 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.33 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant 31 See section 703(a)(1) of the Act. 19 CFR 351.301(b). 33 See 19 CFR 351.301(b)(2). 32 See PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 10043 untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.34 Parties must use the certification formats provided in 19 CFR 351.303(g).35 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: March 13, 2019. 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. Appendix Scope of the Investigations The merchandise covered by the scope of these investigations is carbon and alloy steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon or alloy steel, having a solid, circular cross section of any diameter, in any straight length. Steel threaded rod is normally drawn, cold-rolled, threaded, and straightened, or it may be hotrolled. In addition, the steel threaded rod, bar, or studs subject to these investigations are non-headed and threaded along greater than 25 percent of their total actual length. A variety of finishes or coatings, such as 34 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 35 See E:\FR\FM\19MRN1.SGM 19MRN1 10044 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Notices 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. Steel threaded rod is normally produced to American Society for Testing and Materials (ASTM) specifications ASTM A36, ASTM A193 B7/B7m, ASTM A193 B16, ASTM A307, ASTM A329 L7/L7M, ASTM A320 L43, ASTM A354 BC and BD, ASTM A449, ASTM F1554–36, ASTM F1554–55, ASTM F1554 Grade 105, American Society of Mechanical Engineers (ASME) specification ASME B18.31.3, and American Petroleum Institute (API) specification API 20E. All steel threaded rod meeting the physical description set forth above is covered by the scope of these investigations, whether or not produced according to a particular standard. Subject merchandise includes material matching the above description that has been finished, assembled, or packaged in a third country, including by cutting, chamfering, coating, or painting the threaded rod, by attaching the threaded rod to, or packaging it with, another product, or any other finishing, assembly, or packaging operation that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the threaded rod. Carbon and alloy steel threaded rod are also included in the scope of these investigations whether or not imported attached to, or in conjunction with, other parts and accessories such as nuts and washers. If carbon and alloy steel threaded rod are imported attached to, or in conjunction with, such non-subject merchandise, only the threaded rod is included in the scope. Excluded from the scope of these investigations are: (1) 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 actual length; and (2) stainless steel threaded rod, defined as steel threaded rod containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with our without other elements. Excluded from the scope of the antidumping investigation on steel threaded rod from the People’s Republic of China is any merchandise covered by the existing antidumping order on Certain Steel Threaded Rod from the People’s Republic of China. See Certain Steel Threaded Rod from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 2009). Steel threaded rod is currently classifiable under subheadings 7318.15.5051, 7318.15.5056, and 7318.15.5090 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheading 7318.15.2095 and 7318.19.0000 of the HTSUS. The HTSUS subheadings are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. [FR Doc. 2019–05138 Filed 3–18–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:54 Mar 18, 2019 Jkt 247001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG881 Marine Mammals; File No. 22686 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that the Chicago Zoological Society, Brookfield Zoo (Bill Zeigler, Responsible Party), 3300 Golf Road, Brookfield, IL 60513, has applied in due form for a permit to import up to three bottlenose dolphins (Tursiops truncatus) for public display. DATES: Written, telefaxed, or email comments must be received on or before April 18, 2019. ADDRESSES: These documents are available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 EastWest Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427– 8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. 22686 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore and Courtney Smith, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant is proposing to import up to three captive born bottlenose dolphins from Dolphin Quest Bermuda to either the Brookfield Zoo in Brookfield, IL or Coral World Ocean Park in St. Thomas, U.S. Virgin Islands for public display purposes. The requested duration of the permit is five years. SUMMARY: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: March 14, 2019. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2019–05126 Filed 3–18–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG897 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission will hold a joint webinar meeting of their Summer Flounder, Scup, and Black Sea Bass Advisory Panels. DATES: The meeting will be held on April 2, 2019, from 1 p.m. to 3 p.m. See SUPPLEMENTARY INFORMATION for agenda details. ADDRESSES: The meeting will be held via webinar, with an option to connect via telephone only. Connection information will be posted to https:// www.mafmc.org/council-events. Council address: Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331; website: www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission will hold a joint webinar meeting of their Summer Flounder, SUMMARY: E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10040-10044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05138]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-888, C-570-105]


Carbon and Alloy Steel Threaded Rod From India and the People's 
Republic of China: Initiation of Countervailing Duty Investigations

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

DATES: Applicable March 13, 2019.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen at (202) 482-5260 (India) 
and Thomas Schauer at (202) 482-0410 (People's Republic of China 
(China)), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On February 21, 2019, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
carbon and alloy steel threaded rod (steel threaded rod) from India and 
China, filed in proper form on behalf of Vulcan Threaded Products Inc. 
(the petitioner), a domestic producer of steel threaded rod.\1\ The CVD 
Petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of steel threaded rod from India, China, Taiwan, and 
Thailand.
---------------------------------------------------------------------------

    \1\ See the petitioner's letter, ``Petitions for the Imposition 
of Antidumping and Countervailing Duties: Carbon and Alloy Steel 
Threaded Rod from the People's Republic of China, India, Taiwan, and 
Thailand,'' dated February 21, 2019 (the Petitions). See also the 
petitioner's letter, ``Petitions for the Imposition of Antidumping 
and Countervailing Duties: Carbon and Alloy Steel Threaded Rod from 
the People's Republic of China, India, Taiwan, and Thailand: 
Clarification of Petitioner Name,'' dated March 1, 2019.
---------------------------------------------------------------------------

    During the period February 25 and 26, 2019, Commerce requested 
supplemental information pertaining to certain aspects of the CVD 
Petitions in separate supplemental questionnaires.\2\ The petitioner 
filed responses to the supplemental questionnaires between February 28 
and March 1, 2019.\3\
---------------------------------------------------------------------------

    \2\ See Commerce's Letter, ``Petition for the Imposition of 
Countervailing Duties on Imports of Carbon and Alloy Steel Threaded 
Rod from the People's Republic of China: Supplemental Questions,'' 
dated February 25, 2019, and Letters, ``Petitions for the Imposition 
of Antidumping and Countervailing Duties on Imports of Carbon and 
Alloy Steel Threaded Rod from the People's Republic of China, India, 
Taiwan, and Thailand: Supplemental Questions,'' (General Issues 
Supplemental), ``Petition for the Imposition of Countervailing 
Duties on Imports of Carbon and Alloy Steel Threaded Rod from India: 
Supplemental Questions,'' ``Petition for the Imposition of 
Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod 
from the People's Republic of China: Supplemental Questions,'' 
``Petition for the Imposition of Antidumping Duties on Imports of 
Carbon and Alloy Steel Threaded Rod from India: Supplemental 
Questions,'' ``Petition for the Imposition of Antidumping Duties on 
Imports of Carbon and Alloy Steel Threaded Rod from Taiwan: 
Supplemental Questions,'' and ``Petition for the Imposition of 
Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod 
from Thailand: Supplemental Questions,'' dated February 26, 2019.
    \3\ See the petitioner's Letters, ``Carbon and Alloy Steel 
Threaded Rod from the People's Republic of China, India, Taiwan, and 
Thailand: Response to General Issues Questionnaire,'' (General 
Issues Supplement) ``Carbon and Alloy Steel Threaded Rod from India: 
Response to Questionnaire on Countervailing Duty Petition,'' 
``Carbon and Alloy Steel Threaded Rod from China: Response to 
Questionnaire on Antidumping Petition,'' ``Carbon and Alloy Steel 
Threaded Rod from India: Response to Questionnaire on Antidumping 
Petition,'' ``Carbon and Alloy Steel Threaded Rod from Taiwan: 
Response to Questionnaire on Antidumping Petition,'' and ``Petition 
for the Imposition of Antidumping Duties on Imports of Carbon and 
Alloy Steel Threaded Rod from Thailand: Supplemental Questions,'' 
dated February 28, 2019, and Letter, ``Carbon and Alloy Steel 
Threaded Rod from China: Response to Questionnaire on Countervailing 
Duty Petition,'' dated March 1, 2019.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Governments of China 
and India (GOC, and GOI, respectively) are providing countervailable 
subsidies, within the meaning of sections 701 and 771(5) of the Act, to 
producers of steel threaded rod in China and India and that imports of 
such products are materially injuring, or threatening material injury 
to, the domestic steel threaded rod industry in the United States. 
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for 
those alleged programs on which we are initiating CVD investigations, 
the CVD Petitions are accompanied by information reasonably available 
to the petitioner supporting their allegations.
    Commerce finds that the petitioner filed the CVD Petitions on 
behalf of the domestic industry, because the petitioner is an 
interested party, as defined in section 771(9)(E) of the Act. Commerce 
also finds that the petitioner demonstrated sufficient industry support 
necessary for the initiation of the requested CVD investigations.\4\
---------------------------------------------------------------------------

    \4\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
---------------------------------------------------------------------------

Period of Investigations

    Because the CVD Petitions were filed on February 21, 2019, the 
period of investigation is January 1, 2018, through December 31, 2018.

Scope of the Investigations

    The product covered by these investigations is steel threaded rod 
from China and India. For a full description of the scope of these 
investigations, see the Appendix to this notice.

Comments on the Scope of the Investigations

    During our review of the CVD Petitions, Commerce issued questions 
to, and received responses from, the petitioner pertaining to the 
proposed scope to ensure that the scope language in the CVD Petitions 
would be an accurate reflection of the products for which the domestic 
industry is seeking relief.\5\
---------------------------------------------------------------------------

    \5\ See General Issues Supplemental at 3-4; see also General 
Issues Supplement at 3-6.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting

[[Page 10041]]

aside a period for interested parties to raise issues regarding product 
coverage (scope).\6\ Commerce will consider all comments received from 
interested parties and, if necessary, will consult with interested 
parties prior to the issuance of the preliminary determination. If 
scope comments include factual information,\7\ all such factual 
information should be limited to public information. To facilitate 
preparation of its questionnaires, Commerce requests that all 
interested parties submit such comments by 5:00 p.m. Eastern Time (ET) 
on April 2, 2019, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on April 12, 2019, which is 
10 calendar days from the initial comments deadline.\8\
---------------------------------------------------------------------------

    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \8\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Commerce requests that any factual information parties consider 
relevant to the scope of the investigations be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\9\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
---------------------------------------------------------------------------

    \9\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOC and GOI of the receipt of the CVD 
Petitions and provided them the opportunity for consultations with 
respect to the CVD Petitions.\10\ Consultations were held with the GOI 
on March 11, 2019.\11\ The GOC did not request consultations.
---------------------------------------------------------------------------

    \10\ See Commerce's Letters, ``Countervailing Duty Petition on 
Carbon and Alloy Steel Threaded Rod from the People's Republic of 
China,'' dated February 22, 2019, and ``Countervailing Duty Petition 
on Carbon and Alloy Steel Threaded Rod from India: Invitation for 
Consultations to Discuss the Countervailing Duty Petition,'' dated 
March 1, 2019.
    \11\ See Memorandum to File, ``Consultations with Government 
Officials from the Government of India on the Countervailing Duty 
Petition Regarding Steel Threaded Rod from India,'' dated March 11, 
2019.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
---------------------------------------------------------------------------

    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that steel threaded rod, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\15\
---------------------------------------------------------------------------

    \14\ See Volume I of the Petitions, at 8-12.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Countervailing Duty Investigation Initiation Checklist: Carbon 
and Alloy Steel Threaded Rod from the People's Republic of China 
(China CVD Initiation Checklist), at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petition Covering Carbon and Alloy Steel Threaded Rod from the 
People's Republic of China, India, Taiwan, and Thailand (Attachment 
II); see also Countervailing Duty Investigation Initiation 
Checklist: Carbon and Alloy Steel Threaded Rod from India (India CVD 
Initiation Checklist), at Attachment II. These checklists are dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the CVD Petitions with reference to the domestic like 
product as defined in the ``Scope of the Investigations,'' in the 
Appendix to this notice. To establish industry support, the petitioner 
provided its own production of the domestic like product in 2018, as 
well as the 2018 production of Bay Standard Manufacturing Inc.

[[Page 10042]]

(Bay Standard), a U.S. producer of steel threaded rod that supports the 
CVD Petitions.\16\ The petitioner compared the production of the 
supporters of the CVD Petitions to the estimated total production of 
the domestic like product for the entire domestic industry.\17\ We 
relied on data provided by the petitioner and Bay Standard for purposes 
of measuring industry support.\18\
---------------------------------------------------------------------------

    \16\ See Volume I of the Petitions, at Exhibit I-2; see also 
Letter from Bay Standard, ``Carbon and Alloy Steel Threaded Rod from 
the People's Republic of China, India, Taiwan, and Thailand: Support 
for the Petitions,'' dated February 25, 2019 (Letter of Support), at 
Attachment I.
    \17\ See General Issues Supplement, at 6 and Exhibits 3 and 5.
    \18\ Id. For further discussion, see China CVD Initiation 
Checklist, at Attachment II; and India CVD Initiation Checklist, at 
Attachment II.
---------------------------------------------------------------------------

    Our review of the data provided in the CVD Petitions, the General 
Issues Supplement, the Letter of Support, and other information readily 
available to Commerce indicates that the petitioners have established 
industry support for the CVD Petitions.\19\ First, the CVD Petitions 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, Commerce is not required to take further action 
in order to evaluate industry support (e.g., polling).\20\ Second, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
at least 25 percent of the total production of the domestic like 
product.\21\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the CVD Petitions.\22\ 
Accordingly, Commerce determines that the CVD Petitions were filed on 
behalf of the domestic industry, within the meaning of section 
702(b)(1) of the Act.
---------------------------------------------------------------------------

    \19\ Id.
    \20\ Id.; see also section 702(c)(4)(D) of the Act.
    \21\ See China CVD Initiation Checklist, at Attachment II; and 
India CVD Initiation Checklist, at Attachment II.
    \22\ Id.
---------------------------------------------------------------------------

    Commerce finds that the petitioner filed the CVD Petitions on 
behalf of the domestic industry, because it is an interested party, as 
defined in section 771(9)(C) of the Act, and it has demonstrated 
sufficient industry support with respect to the CVD investigations that 
it is requesting that Commerce initiate.\23\
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

Injury Test

    Because China and India are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from China and/or 
India materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\24\ In CVD petitions, 
section 771(24)(B) of the Act provides that imports of subject 
merchandise from developing and least developed countries must exceed 
the negligibility threshold of four percent. The petitioner also 
demonstrates that subject imports from India, which has been designated 
as a least developed country under section 771(36)(B) of the Act, 
exceed the negligibility threshold of four percent.\25\
---------------------------------------------------------------------------

    \24\ See Volume I of the Petitions, at 18 and Exhibit I-14.
    \25\ Id.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price suppression; decline in 
the domestic industry's capacity utilization; the domestic industry's 
lagging production and shipments; decline in the domestic industry's 
financial performance; and lost sales and revenues.\26\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, as well as cumulation, 
and we have determined that these allegations are properly supported by 
adequate evidence, and meet the statutory requirements for 
initiation.\27\
---------------------------------------------------------------------------

    \26\ Id. at 15-35 and Exhibits I-3, I-4, I-10, I-11, I-13, I-14 
and I-16 through I-20.
    \27\ See China CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Carbon and Alloy Steel Threaded Rod from the People's 
Republic of China, India, Taiwan, and Thailand (Attachment III); and 
India CVD Initiation Checklist, at Attachment III.
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based on the examination of the CVD Petitions, we find that they 
meet the requirements of section 702 of the Act. Therefore, we are 
initiating CVD investigations to determine whether imports of steel 
threaded rod from China and India benefit from countervailable 
subsidies conferred by the GOC and GOI. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 65 days after the 
date of this initiation.

China

    Based on our review of the CVD Petition, we find that there is 
sufficient information to initiate a CVD investigation on 19 of the 21 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see China CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

India

    Based on our review of the CVD Petition, we find that there is 
sufficient information to initiate a CVD investigation on 19 of the 52 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see India CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Respondent Selection

    In the CVD Petitions, the petitioners named 446 companies in China 
and 32 companies in India as producers/exporters of steel threaded 
rod.\28\ Commerce intends to follow its standard practice in CVD 
investigations and calculate company-specific subsidy rates in these 
investigations. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of steel threaded rod from China 
and India during the POI under the appropriate Harmonized Tariff 
Schedule of the United States numbers

[[Page 10043]]

listed in the ``Scope of the Investigation,'' in the Appendix.
---------------------------------------------------------------------------

    \28\ See Volume I of the Petitions at Exhibit I-13.
---------------------------------------------------------------------------

    On March 11, 2019, Commerce released CBP data under Administrative 
Protective Order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment regarding the CBP data and respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of these CVD investigations.\29\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \29\ See Memorandum, ``Carbon and Alloy Steel Threaded Rod from 
the People's Republic of China (China) Countervailing Duty Petition: 
Release of Customs Data from U.S. Customs and Border Protection'' 
dated March 11, 2019, and Memorandum, ``Carbon and Alloy Steel 
Threaded Rod from India Countervailing Duty Petition: Release of 
Customs Data from U.S. Customs and Border Protection,'' dated March 
11, 2019.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions regarding respondent selection 
within 20 days of publication of this notice.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petitions to 
each exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the CVD Petitions were filed, whether there is a reasonable 
indication that imports of steel threaded rod from China and India are 
materially injuring, or threatening material injury to, a U.S. 
industry.\30\ A negative ITC determination in any country will result 
in the investigations being terminated with respect to that 
country.\31\ Otherwise, these investigations will proceed according to 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \30\ See section 703(a)(2) of the Act.
    \31\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\32\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\33\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
---------------------------------------------------------------------------

    \32\ See 19 CFR 351.301(b).
    \33\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\34\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\35\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \34\ See section 782(b) of the Act.
    \35\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: March 13, 2019.
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.

Appendix

Scope of the Investigations

    The merchandise covered by the scope of these investigations is 
carbon and alloy steel threaded rod. Steel threaded rod is certain 
threaded rod, bar, or studs, of carbon or alloy steel, having a 
solid, circular cross section of any diameter, in any straight 
length. Steel threaded rod is normally drawn, cold-rolled, threaded, 
and straightened, or it may be hot-rolled. In addition, the steel 
threaded rod, bar, or studs subject to these investigations are non-
headed and threaded along greater than 25 percent of their total 
actual length. A variety of finishes or coatings, such as

[[Page 10044]]

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.
    Steel threaded rod is normally produced to American Society for 
Testing and Materials (ASTM) specifications ASTM A36, ASTM A193 B7/
B7m, ASTM A193 B16, ASTM A307, ASTM A329 L7/L7M, ASTM A320 L43, ASTM 
A354 BC and BD, ASTM A449, ASTM F1554-36, ASTM F1554-55, ASTM F1554 
Grade 105, American Society of Mechanical Engineers (ASME) 
specification ASME B18.31.3, and American Petroleum Institute (API) 
specification API 20E. All steel threaded rod meeting the physical 
description set forth above is covered by the scope of these 
investigations, whether or not produced according to a particular 
standard.
    Subject merchandise includes material matching the above 
description that has been finished, assembled, or packaged in a 
third country, including by cutting, chamfering, coating, or 
painting the threaded rod, by attaching the threaded rod to, or 
packaging it with, another product, or any other finishing, 
assembly, or packaging operation that would not otherwise remove the 
merchandise from the scope of the investigations if performed in the 
country of manufacture of the threaded rod.
    Carbon and alloy steel threaded rod are also included in the 
scope of these investigations whether or not imported attached to, 
or in conjunction with, other parts and accessories such as nuts and 
washers. If carbon and alloy steel threaded rod are imported 
attached to, or in conjunction with, such non-subject merchandise, 
only the threaded rod is included in the scope.
    Excluded from the scope of these investigations are: (1) 
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 actual 
length; and (2) stainless steel threaded rod, defined as steel 
threaded rod containing, by weight, 1.2 percent or less of carbon 
and 10.5 percent or more of chromium, with our without other 
elements.
    Excluded from the scope of the antidumping investigation on 
steel threaded rod from the People's Republic of China is any 
merchandise covered by the existing antidumping order on Certain 
Steel Threaded Rod from the People's Republic of China. See Certain 
Steel Threaded Rod from the People's Republic of China: Notice of 
Antidumping Duty Order, 74 FR 17154 (April 14, 2009).
    Steel threaded rod is currently classifiable under subheadings 
7318.15.5051, 7318.15.5056, and 7318.15.5090 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Subject merchandise 
may also enter under subheading 7318.15.2095 and 7318.19.0000 of the 
HTSUS. The HTSUS subheadings are provided for convenience and U.S. 
Customs purposes only. The written description of the scope is 
dispositive.

[FR Doc. 2019-05138 Filed 3-18-19; 8:45 am]
BILLING CODE 3510-DS-P
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