Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 36578-36581 [2019-16036]
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36578
Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
measurement and compositional
criteria; May 10, 2018.
Mexico
A–201–805: Certain Circular Welded
Non-Alloy Steel Pipe From Mexico
Requestor: Maquilacero, S.A. de C.V.;
the 176 types of non-galvanized tubing
produced to ASTM A–513
specifications produced and imported
by the requestor are not within the
scope of the antidumping duty order on
certain circular welded non-alloy steel
pipe from Mexico because they are
mechanical tubing; June 18, 2018.
People’s Republic of China
C–570–057: Certain Tool Chests and
Cabinets From the People’s Republic of
China
Requestor: Quality Craft Industries,
Inc; certain tool chests and cabinets
imported from the People’s Republic of
China (China) packaged in either
wooden crates or corrugated boxes with
packaging marking codes 5607CH,
5611TC, 4108CH, 4111TC, 3608CH, and
3606TC are within the scope of the
antidumping duty order; May 21, 2018.
A–570–937 and C–570–938: Citric Acid
and Certain Citrate Salts From the
People’s Republic of China
Requestor: Innua Petrochem, Ltd.
(Innua); tributyl citrate (TBC) imported
by Innua is not within the scope of the
antidumping and countervailing duty
orders because TBC does not meet the
language of the scope; May 21, 2018.
A–570–900: Diamond Sawblades and
Parts Thereof From the People’s
Republic of China
Requestor: Lyke Industrial Tool, LLC;
finished diamond sawblades imported
from China (regardless of the Rockwell
hardness level of cores) are within the
scope of the antidumping duty order;
cupwheels with segments attached to
the bottom of the cores are outside the
scope of the antidumping duty order;
May 17, 2018.
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A–570–914 and C–570–915: LightWalled Rectangular Pipe and Tube From
the People’s Republic of China
Requestor: Carlson AirFlo
Merchandising Systems; certain
finished components of refrigerated
merchandising and display structures
imported from China with part numbers
R10447, P0228321, 250172, and 250355
are within the scope of the antidumping
duty orders; May 29, 2018.
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A–570–016 and C–570–017: Passenger
Vehicle and Light Truck Tires From the
People’s Republic of China
Requestor: Maxxis; Certain radial
spare tires by Cheng Shin Rubber USA,
Inc., doing business as Maxxis
International (Maxxis), are outside the
scope of the antidumping and
countervailing duty orders; May 1, 2018.
A–570–016 and C–570–017: Passenger
Vehicle and Light Truck Tires From the
People’s Republic of China
Requestor: Yokohama Corporation of
North America, Hangzhou Yokohama
Tire Company, Ltd. and Yokohama
Rubber Company, Ltd.; new pneumatic
rubber tires of a size listed in the
passenger vehicle section of the Tire
and Rim Association Year Book, but
which do not have a DOT symbol
stamped on their sidewalls, are outside
the scope of the antidumping and
countervailing duty orders; May 18,
2018.
A–570–890: Wooden Bedroom
Furniture From the People’s Republic of
China
Requestor: Bassett Mirror Company,
Inc.; a chest is not covered by the
antidumping duty order on wooden
bedroom furniture from China because
it has certain characteristics which
distinguish it from bedroom chests; May
14, 2018.
A–570–890: Wooden Bedroom
Furniture From the People’s Republic of
China
Requestor: Bassett Mirror Company,
Inc.; two chests are not covered by the
antidumping duty order on wooden
bedroom furniture from China because
they have certain characteristics which
distinguish them from bedroom chests;
June 29, 2018.
Anticircumvention Determinations
Made Between April 1, 2018 and June
30, 2018
The People’s Republic of China
A–570–029 and C–570–030: Certain
Cold-Rolled Steel Flat Products From
the People’s Republic of China
Requestors: Steel Dynamics, Inc.
(SDI), California Steel Industries (CSI),
ArcelorMittal USA LLC (AMUSA),
Nucor Corporation (Nucor), United
States Steel Corporation, and AK Steel
Corporation; Commerce determines that
cold-rolled steel produced in the
Socialist Republic of Vietnam (Vietnam)
from hot-rolled steel substrate
manufactured in China is circumventing
the order on cold-rolled steel from
China. Commerce determines that the
cold-rolled steel produced in Vietnam
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from hot-rolled steel substrate
manufactured in China falls within the
orders covering cold-rolled steel from
China; May 23, 2018.
A–570–026 and C–570–027: Certain
Corrosion Resistant Steel Products From
the People’s Republic of China
Requestors: ArcelorMittal USA LLC,
Nucor Corporation, United States Steel
Corporation, and AK Steel Corporation,
as well as Steel Dynamics, Inc. and
California Steel Industries, (collectively,
CORE Domestic Producers) following
anti-circumvention inquiries, which
were initiated in response to requests
submitted by CORE Domestic
Producers, Commerce determined that
imports of certain corrosion-resistant
steel products (CORE), produced in the
Vietnam using carbon hot-rolled steel or
cold-rolled steel flat products
manufactured in China, are
circumventing the antidumping duty
and countervailing duty orders on CORE
from China. (May 23, 2018).
Interested parties are invited to
comment on the completeness of this
list of completed scope inquiries. Any
comments should be submitted to the
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, 1401 Constitution
Avenue NW, APO/Dockets Unit, Room
18022, Washington, DC 20230.
This notice is published in
accordance with 19 CFR 351.225(o).
Dated: July 22, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–16039 Filed 7–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–105]
Carbon and Alloy Steel Threaded Rod
From the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
carbon and alloy steel threaded rod
(steel threaded rod) from the People’s
Republic of China (China) for the period
of investigation (POI) January 1, 2018
AGENCY:
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
through December 31, 2018. Interested
parties are invited to comment on this
preliminary determination.
DATES:
Applicable July 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Allison Hollander,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–0410 or
(202) 482–2805, respectively.
SUPPLEMENTARY INFORMATION:
Background
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This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on March 19, 2019.1 On April 19, 2019,
in accordance with section 703(c)(1)(A)
of the Act, Commerce postponed the
preliminary determination in this
investigation to July 22, 2019.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file 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 is available to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
1 See Carbon and Alloy Steel Threaded Rod from
India and the People’s Republic of China: Initiation
of Countervailing Duty Investigations, 84 FR 10040
(March 19, 2019) (Initiation Notice).
2 See Carbon and Alloy Steel Threaded Rod from
India and the People’s Republic of China:
Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 84 FR 17379
(April 25, 2019). In accordance with Commerce’s
practice, where a deadline falls on a weekend or
federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 2930, As Amended, 70 FR 24533
(May 10, 2005).
3 See ‘‘Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty
Investigation of Carbon and Alloy Steel Threaded
Rod from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Memorandum and its electronic version
are identical in content.
Scope of the Investigation
The merchandise covered by the
scope of this investigation is steel
threaded rod from China. For a full
description of the scope of this
investigation, see Appendix I to this
notice.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice.7 See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8 In
making these findings, Commerce
relied, in part, on facts available, and
because one or more respondents did
not act to the best of their ability to
respond to Commerce’s requests for
information, Commerce drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.9 For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Carbon and Alloy Steel
Threaded Rod from India, Taiwan, Thailand, and
the People’s Republic of China: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated July 22, 2019 (Preliminary
Scope Decision Memorandum).
7 Id. at 3–4.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
and based on the petitioner’s request,10
Commerce is aligning the final
countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of steel threaded rod from
China. Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
December 3, 2019, unless postponed.
All-Others Rate
Sections 703(d)(1)(A)(i) and
705(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
In this investigation, Commerce
calculated individual estimated
countervailable subsidy rates for Ningbo
Zhongjiang High Strength Bolts Co., Ltd.
(Zhongjiang Bolts) and Zhejiang Junyue
Standard Part Co., Ltd. (Junyue) that are
not zero, de minimis, or based entirely
on facts otherwise available. Commerce
calculated the all-others rate using a
weighted average of the estimated
subsidy rates calculated for the
examined respondents using each
company’s publicly-ranged U.S. sale
quantities for the merchandise under
consideration.11
10 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel
Threaded Rod from China: Request to Align the
Final Determinations,’’ dated June 14, 2019.
11 With two respondents under examination,
Commerce normally calculates (A) a weighted
average of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
Preliminary Determination
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
Commerce preliminarily determines
rebuttal briefs in this investigation are
that the following estimated
encouraged to submit with each
countervailable subsidy rates exist:
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
Net
and (3) a table of authorities.
subsidy
Company
Pursuant to 19 CFR 351.310(c),
rate
(percent)
interested parties who wish to request a
hearing, limited to issues raised in the
Ningbo Zhongjiang High
case and rebuttal briefs, must submit a
Strength Bolts Co., Ltd ...........
23.41
written request to the Assistant
Zhejiang Junyue Standard Part
Co., Ltd ...................................
24.89 Secretary for Enforcement and
All Others ....................................
23.83 Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
Suspension of Liquidation
should contain the party’s name,
In accordance with section 703(d)(2)
address, and telephone number, the
of the Act, Commerce will direct U.S.
number of participants, whether any
Customs and Border Protection (CBP) to participant is a foreign national, and a
suspend liquidation of entries of subject list of the issues to be discussed. If a
merchandise as described in the scope
request for a hearing is made, Commerce
of the investigation section entered, or
intends to hold the hearing at the U.S.
withdrawn from warehouse, for
Department of Commerce, 1401
consumption on or after the date of
Constitution Avenue NW, Washington,
publication of this notice in the Federal DC 20230, at a time and date to be
Register. Further, pursuant to section
determined. Parties should confirm by
703(d)(1)(B) of the Act and 19 CFR
telephone the date, time, and location of
351.205(d), Commerce will instruct CBP the hearing two days before the
to require a cash deposit equal to the
scheduled date.
rates indicated above.
International Trade Commission
Disclosure
Notification
Commerce intends to disclose its
In accordance with section 703(f) of
calculations and analysis performed to
the Act, Commerce will notify the
interested parties in this preliminary
International Trade Commission (ITC) of
determination within five days of its
its determination. If the final
public announcement, or if there is no
determination is affirmative, the ITC
public announcement, within five days
will determine before the later of 120
of the date of this notice in accordance
days after the date of this preliminary
with 19 CFR 351.224(b).
determination or 45 days after the final
determination whether imports of the
Verification
subject merchandise are materially
As provided in section 782(i)(1) of the injuring, or threaten material injury, to
Act, Commerce intends to verify the
the U.S. industry.
information relied upon in making its
Notification to Interested Parties
final determination.
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Public Comment
Case briefs or other written comments
regarding non-scope issues may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the last verification report is issued in
this investigation. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for submitting
non-scope related case briefs.12 The
deadlines for scope-related comments
and rebuttals are set in the Preliminary
Scope Decision Memorandum.13
the data, see the All-Others’ Rate Calculation
Memorandum.
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
13 See Preliminary Scope Decision Memorandum.
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This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: July 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
this investigation 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 this investigation are
non-headed and threaded along greater than
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25 percent of their total actual length. A
variety of finishes or coatings, such as plain
oil finish as a temporary rust protectant, zinc
coating (i.e., galvanized, whether by
electroplating or hot-dipping), paint, and
other similar finishes and coatings, may be
applied to the merchandise.
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 A320 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 this investigation, 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 investigation if performed in
the country of manufacture of the threaded
rod.
Carbon and alloy steel threaded rod are
also included in the scope of this
investigation 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 this
investigation 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).
Specifically excluded from the scope of
this investigation is threaded rod that is
imported as part of a package of hardware in
conjunction with a ready-to-assemble piece
of furniture.
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
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and U.S. Customs purposes only. The written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports
From China
VII. Diversification of China’s Economy
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Discount Rates
XI. Analysis of Programs
XII. ITC Notification
XIII. Recommendation
[FR Doc. 2019–16036 Filed 7–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–PR–A001
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Seattle
Multimodal Project at Colman Dock in
Seattle, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that we have issued an incidental
harassment authorization (IHA) to the
Washington State Department of
Transportation (WSDOT) to take small
numbers of marine mammals, by
harassment, incidental to the Seattle
Multimodal Project at Colman Dock in
Seattle, Washington.
DATES: This authorization is effective
from August 1, 2019, through July 31,
2020.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as the
issued IHA, may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
The NDAA (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity.’’ The definitions of all
applicable MMPA statutory terms cited
above are included in the relevant
sections below.
Summary of Request
On February 7, 2019, WSDOT
submitted a request to NMFS requesting
an IHA for the possible harassment of
small numbers of marine mammal
species incidental to Seattle Multimodal
Project at Colman Dock in Seattle,
Washington, from August 1, 2019 to July
31, 2020. After receiving the revised
project description and the revised IHA
application, NMFS determined that the
IHA application is adequate and
complete on May 8, 2018. NMFS is
proposing to authorize the take by Level
A and Level B harassments of the
following marine mammal species:
Harbor seal (Phoca vitulina); northern
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elephant seal (Mirounga angustirostris);
California sea lion (Zalophus
californianus); Steller sea lion
(Eumetopias jubatus); killer whale
(Orcinus orca); long-beaked common
dolphin (Delphinus capensis),
bottlenose dolphin (Tursiops truncatus),
gray whale (Eschrichtius robustus),
humpback whale (Megaptera
novaeangliae), minke whale
(Balaenoptera acutorostrata); harbor
porpoise (Phocoena phocoena); and
Dall’s porpoise (P. dalli). Neither
WSDOT nor NMFS expect mortality to
result from this activity and, therefore,
an IHA is appropriate.
This IHA covers one year of a larger
project for which WSDOT obtained
prior IHAs (82 FR 21579; July 7, 2017;
83 FR 35226; July 25, 2018) and intends
to request take authorization for
subsequent facets of the project. The
larger 5-year project involves
reconfiguring the Colman Dock of the
Seattle Ferry Terminal while
maintaining the same vehicle holding
capacity as current conditions. WSDOT
complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of
the previous IHA and information
regarding their monitoring results may
be found in the Estimated Take section.
Description of the Proposed Activity
Overview
The purpose of the Seattle
Multimodal Project at Colman Dock is to
preserve the transportation function of
an aging, deteriorating and seismically
deficient facility to continue providing
safe and reliable service. The project
will also address existing safety
concerns related to conflicts between
vehicles and pedestrian traffic and
operational inefficiencies.
Dates and Duration
Due to NMFS and the U.S. Fish and
Wildlife Service (USFWS) in-water
work timing restrictions to protect ESAlisted salmonids, planned WSDOT inwater construction is limited each year
to July 16 through February 15. In-water
pile driving work will be conducted in
daylight hours only. It is expected that
a total of 146 pile driving days will be
needed for the 2019/2020 construction
work.
Specific Geographic Region
The Seattle Ferry Terminal at Colman
Dock, serving State Route 519, is located
on the downtown Seattle waterfront, in
King County, Washington. The terminal
services vessels from the Bainbridge
Island and Bremerton routes, and is the
most heavily used terminal in the
Washington State Ferry system. The
E:\FR\FM\29JYN1.SGM
29JYN1
]]>Agencies
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36578-36581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16036]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-105]
Carbon and Alloy Steel Threaded Rod From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of carbon and alloy steel threaded rod (steel threaded rod)
from the People's Republic of China (China) for the period of
investigation (POI) January 1, 2018
[[Page 36579]]
through December 31, 2018. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable July 29, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Allison Hollander,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230, telephone: (202) 482-0410 or (202)
482-2805, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on March 19,
2019.\1\ On April 19, 2019, in accordance with section 703(c)(1)(A) of
the Act, Commerce postponed the preliminary determination in this
investigation to July 22, 2019.\2\
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\1\ See Carbon and Alloy Steel Threaded Rod from India and the
People's Republic of China: Initiation of Countervailing Duty
Investigations, 84 FR 10040 (March 19, 2019) (Initiation Notice).
\2\ See Carbon and Alloy Steel Threaded Rod from India and the
People's Republic of China: Postponement of Preliminary
Determinations in the Countervailing Duty Investigations, 84 FR
17379 (April 25, 2019). In accordance with Commerce's practice,
where a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
2930, As Amended, 70 FR 24533 (May 10, 2005).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file 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 is available to all
parties in the Central Records Unit, room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and its electronic
version are identical in content.
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\3\ See ``Decision Memorandum for the Preliminary Affirmative
Determination: Countervailing Duty Investigation of Carbon and Alloy
Steel Threaded Rod from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The merchandise covered by the scope of this investigation is steel
threaded rod from China. For a full description of the scope of this
investigation, see Appendix I to this notice.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice.\7\ See the revised scope in Appendix I to
this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Carbon and Alloy Steel Threaded Rod from
India, Taiwan, Thailand, and the People's Republic of China: Scope
Comments Decision Memorandum for the Preliminary Determinations,''
dated July 22, 2019 (Preliminary Scope Decision Memorandum).
\7\ Id. at 3-4.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\ In making these findings, Commerce relied, in part, on
facts available, and because one or more respondents did not act to the
best of their ability to respond to Commerce's requests for
information, Commerce drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\9\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\9\ See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), and based on the petitioner's request,\10\ Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of steel threaded rod from China. Consequently,
the final CVD determination will be issued on the same date as the
final AD determination, which is currently scheduled to be issued no
later than December 3, 2019, unless postponed.
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\10\ See Petitioner's Letter, ``Carbon and Alloy Steel Threaded
Rod from China: Request to Align the Final Determinations,'' dated
June 14, 2019.
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All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for Ningbo Zhongjiang High Strength Bolts
Co., Ltd. (Zhongjiang Bolts) and Zhejiang Junyue Standard Part Co.,
Ltd. (Junyue) that are not zero, de minimis, or based entirely on facts
otherwise available. Commerce calculated the all-others rate using a
weighted average of the estimated subsidy rates calculated for the
examined respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration.\11\
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\11\ With two respondents under examination, Commerce normally
calculates (A) a weighted average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, see the All-Others' Rate Calculation Memorandum.
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[[Page 36580]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Net
subsidy
Company rate
(percent)
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Ningbo Zhongjiang High Strength Bolts Co., Ltd.............. 23.41
Zhejiang Junyue Standard Part Co., Ltd...................... 24.89
All Others.................................................. 23.83
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Suspension of Liquidation
In accordance with section 703(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register. Further, pursuant to section 703(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments regarding non-scope issues
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
verification report is issued in this investigation. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for submitting non-scope related case
briefs.\12\ The deadlines for scope-related comments and rebuttals are
set in the Preliminary Scope Decision Memorandum.\13\
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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Preliminary Scope Decision Memorandum.
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination whether imports of the subject
merchandise are materially injuring, or threaten material injury, to
the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: July 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of this investigation 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 this investigation are non-
headed and threaded along greater than 25 percent of their total
actual length. A variety of finishes or coatings, such as plain oil
finish as a temporary rust protectant, zinc coating (i.e.,
galvanized, whether by electroplating or hot-dipping), paint, and
other similar finishes and coatings, may be applied to the
merchandise.
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 A320 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 this
investigation, 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 investigation if performed in the
country of manufacture of the threaded rod.
Carbon and alloy steel threaded rod are also included in the
scope of this investigation 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 this investigation 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).
Specifically excluded from the scope of this investigation is
threaded rod that is imported as part of a package of hardware in
conjunction with a ready-to-assemble piece of furniture.
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
[[Page 36581]]
and U.S. Customs purposes only. The written description of the scope
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports From China
VII. Diversification of China's Economy
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Discount Rates
XI. Analysis of Programs
XII. ITC Notification
XIII. Recommendation
[FR Doc. 2019-16036 Filed 7-26-19; 8:45 am]
BILLING CODE 3510-DS-P
