Carbon and Alloy Steel Threaded Rod From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 36570-36572 [2019-16037]
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36570
Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–888]
Carbon and Alloy Steel Threaded Rod
From India: 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 India for the
period of investigation (POI) January 1,
2018 through December 31, 2018.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable July 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKBBV9HB2PROD with NOTICES
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 25, 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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
Countervailing Duty Investigation of Carbon and
Alloy Steel Threaded Rod from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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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 and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The merchandise covered by the
scope of this investigation is steel thread
rod from India. For a complete
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
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
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.
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.
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Sfmt 4703
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.
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 carbon and alloy steel
threaded rod from India. 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) 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
preliminarily assigned a rate based
entirely on facts available to Daksh
Fasteners (Daksh). Therefore, the only
rate that is not zero, de minimis or based
entirely on facts otherwise available is
the rate calculated for Mangal Steel
Enterprises Limited (Mangal).
Consequently, the rate calculated for
Mangal is also assigned as the rate for
all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Daksh Fasteners ........................
Mangal Steel Enterprises Limited
9 See
Net
subsidy
rate
(percent)
155.03
6.07
sections 776(a) and (b) of the Act.
Petitioners’ letter, ‘‘Carbon and Alloy Steel
Threaded Rod from India: Request to Align
Determinations,’’ dated July 8, 2019.
10 See
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
written request to the Assistant
Secretary for Enforcement and
Company
Compliance, U.S. Department of
Commerce, within 30 days after the date
All Others ....................................
6.07 of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
Suspension of Liquidation
number of participants, whether any
In accordance with section
participant is a foreign national, and a
703(d)(1)(B) and (d)(2) of the Act,
list of the issues to be discussed. If a
Commerce will direct U.S. Customs and request for a hearing is made, Commerce
Border Protection (CBP) to suspend
intends to hold the hearing at the U.S.
liquidation of entries of subject
Department of Commerce, 1401
merchandise as described in the scope
Constitution Avenue NW, Washington,
of the investigation section entered, or
DC 20230, at a time and date to be
withdrawn from warehouse, for
determined. Parties should confirm by
consumption on or after the date of
telephone the date, time, and location of
publication of this notice in the Federal the hearing two days before the
Register. Further, pursuant to section
scheduled date.
703(d)(1)(B) of the Act and 19 CFR
Parties are reminded that briefs and
351.205(d), Commerce will instruct CBP
hearing
requests are to be filed
to require a cash deposit equal to the
electronically using ACCESS and that
rates indicated above.
electronically filed documents must be
Disclosure
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Commerce intends to disclose its
calculations and analysis performed to
International Trade Commission
interested parties in this preliminary
Notification
determination within five days of its
In accordance with section 703(f) of
public announcement, or if there is no
the Act, Commerce will notify the
public announcement, within five days
International Trade Commission (ITC) of
of the date of this notice in accordance
its determination. If the final
with 19 CFR 351.224(b).
determination is affirmative, the ITC
Verification
will determine before the later of 120
As provided in section 782(i)(1) of the days after the date of this preliminary
Act, Commerce intends to verify the
determination or 45 days after the final
information relied upon in making its
determination whether imports of the
final determination.
subject merchandise are materially
injuring, or threaten material injury, to
Public Comment
the U.S. industry.
Case briefs or other written comments
Notification to Interested Parties
regarding non-scope issues may be
submitted to the Assistant Secretary for
This determination is issued and
Enforcement and Compliance no later
published pursuant to sections 703(f)
than seven days after the date on which and 777(i) of the Act and 19 CFR
the last verification report is issued in
351.205(c).
this investigation. Rebuttal briefs,
Dated: July 22, 2019.
limited to issues raised in case briefs,
Jeffrey
I. Kessler,
may be submitted no later than five days
Assistant Secretary for Enforcement and
after the deadline date for submitting
Compliance.
non-scope related case briefs.11 The
deadlines for scope-related comments
Appendix I
and rebuttals are set in the Preliminary
12
Scope of the Investigation
Scope Decision Memorandum.
Pursuant to 19 CFR 351.309(c)(2) and
The merchandise covered by the scope of
this investigation is carbon and alloy steel
(d)(2), parties who submit case briefs or
threaded rod. Steel threaded rod is certain
rebuttal briefs in this investigation are
threaded rod, bar, or studs, of carbon or alloy
encouraged to submit with each
steel, having a solid, circular cross section of
argument: (1) A statement of the issue;
any diameter, in any straight length. Steel
(2) a brief summary of the argument;
threaded rod is normally drawn, cold-rolled,
and (3) a table of authorities.
threaded, and straightened, or it may be hotPursuant to 19 CFR 351.310(c),
rolled. In addition, the steel threaded rod,
interested parties who wish to request a bar, or studs subject to this investigation are
hearing, limited to issues raised in the
non-headed and threaded along greater than
case and rebuttal briefs, must submit a
25 percent of their total actual length. A
khammond on DSKBBV9HB2PROD with NOTICES
Net
subsidy
rate
(percent)
11 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 See Preliminary Scope Decision Memorandum.
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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
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Fmt 4703
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36571
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
and U.S. Customs purposes only. The written
description of the scope is dispositive.
E:\FR\FM\29JYN1.SGM
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36572
Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
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. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. ITC Notification
XI. Recommendation
[FR Doc. 2019–16037 Filed 7–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with June
anniversary dates. In accordance with
Commerce’s regulations, we are
initiating those administrative reviews.
DATES: Applicable July 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKBBV9HB2PROD with NOTICES
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with June
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
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16:54 Jul 26, 2019
Jkt 247001
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.1 Such
submissions are subject to verification,
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 30 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (e.g., investigation,
administrative review, new shipper
review or changed circumstances
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Fmt 4703
Sfmt 4703
review). For any company subject to this
review, if Commerce determined, or
continued to treat, that company as
collapsed with others, Commerce will
assume that such companies continue to
operate in the same manner and will
collapse them for respondent selection
purposes. Otherwise, Commerce will
not collapse companies for purposes of
respondent selection. Parties are
requested to (a) identify which
companies subject to review previously
were collapsed, and (b) provide a
citation to the proceeding in which they
were collapsed. Further, if companies
are requested to complete the Quantity
and Value (Q&V) Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where Commerce considered collapsing
that entity, complete Q&V data for that
collapsed entity must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.2 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
2 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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Agencies
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36570-36572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16037]
[[Page 36570]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-888]
Carbon and Alloy Steel Threaded Rod From India: 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 India for the period of investigation (POI) January 1, 2018
through December 31, 2018. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable July 29, 2019.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
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 25, 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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 and electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty Investigation of
Carbon and Alloy Steel Threaded Rod from India,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by the scope of this investigation is steel
thread rod from India. For a complete 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\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.
\7\ Id. at 3-4.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 carbon and alloy steel threaded rod from
India. 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.
---------------------------------------------------------------------------
\10\ See Petitioners' letter, ``Carbon and Alloy Steel Threaded
Rod from India: Request to Align Determinations,'' dated July 8,
2019.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) 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 preliminarily assigned a rate based
entirely on facts available to Daksh Fasteners (Daksh). Therefore, the
only rate that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for Mangal Steel Enterprises
Limited (Mangal). Consequently, the rate calculated for Mangal is also
assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Net
subsidy
Company rate
(percent)
------------------------------------------------------------------------
Daksh Fasteners............................................. 155.03
Mangal Steel Enterprises Limited............................ 6.07
[[Page 36571]]
All Others.................................................. 6.07
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (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.\11\ The deadlines for scope-related comments and rebuttals are
set in the Preliminary Scope Decision Memorandum.\12\
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due 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 and U.S.
Customs purposes only. The written description of the scope is
dispositive.
[[Page 36572]]
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. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. ITC Notification
XI. Recommendation
[FR Doc. 2019-16037 Filed 7-26-19; 8:45 am]
BILLING CODE 3510-DS-P