Carbon and Alloy Steel Threaded Rod From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, 38597-38599 [2019-16888]
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Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Notices
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SUMMARY:
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Dated: August 2, 2019.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2019–16868 Filed 8–6–19; 8:45 am]
BILLING CODE 6335–01–P
38597
December 31, 2018. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable August 7, 2019.
FOR FURTHER INFORMATION CONTACT:
Eliza Siordia, 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) 482–3878.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
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 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 the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–840]
The products covered by this
investigation are steel threaded rods
from Thailand. For a complete
description of the scope of this
investigation, see Appendix I.
Carbon and Alloy Steel Threaded Rod
From Thailand: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Affirmative
Determination of Critical
Circumstances
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that carbon and alloy steel threaded rod
(steel threaded rod) from Thailand is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2018 through
1 See Carbon and Alloy Steel Threaded Rod from
India, Taiwan, Thailand, and the People’s Republic
of China: Initiation of Less-Than-Fair-Value
Investigations, 84 FR 10034 (March 19, 2019)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Carbon and Alloy Steel
Threaded Rod from Thailand,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
AGENCY:
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Scope Comments
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Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Notices
coverage (i.e., scope).4 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.5
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available, with adverse
inferences, for the mandatory
respondent, Tycoons Worldwide Group
(Thailand) Co. Ltd. (Tycoons), because
this respondent did not timely respond
to Commerce’s antidumping duty
questionnaire. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
jspears on DSK3GMQ082PROD with NOTICES
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for Tycoons, and for
all other producers and exporters. For a
full description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. We cannot apply
the methodology described in section
735(c)(5)(A) of the Act to calculate the
all-others rate because the sole margin
4 See
Initiation Notice.
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.
5 See
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in this preliminary determination was
derived pursuant to section 776 of the
Act. In cases where no weighted-average
dumping margin other than margins that
are zero, de minimis, or those
determined entirely under section 776
of the Act has been established for
individually examined entities, in
accordance with section 735(c)(5)(B) of
the Act, Commerce averages the margins
calculated by the petitioners in the
petition and applies the result to all
other entities not individually
examined.6
In the Petition, the petitioner
calculated only one margin.7 Therefore,
we assigned as the all-others rate the
only margin in the Petition, which is
20.83 percent.8
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Preliminary Determination
Section 733(e)(2) of the Act provides
Commerce preliminarily determines
that, given an affirmative determination
that the following estimated weightedof critical circumstances, any
average dumping margin exists during
suspension of liquidation shall apply to
the period January 1, 2018 through
unliquidated entries of subject
December 31, 2018:
merchandise entered, or withdrawn
from warehouse, for consumption on or
Estimated
after the later of (a) the date which is 90
weightedaverage
days before the date on which the
Exporter/producer
dumping
suspension of liquidation was first
margin
ordered, or (b) the date on which notice
(percent)
of initiation of the investigation was
Tycoons Worldwide Group
published. Commerce preliminarily
(Thailand) Co. Ltd .............
20.83 finds that critical circumstances exist
All Others ..............................
20.83 for imports of subject merchandise
produced or exported by Tycoons and
Suspension of Liquidation
all others. In accordance with section
In accordance with section 733(d)(2)
733(e)(2)(A) of the Act, the suspension
of the Act, Commerce will direct U.S.
of liquidation shall apply to
Customs and Border Protection (CBP) to unliquidated entries of shipments of
suspend liquidation of entries of subject subject merchandise from the
merchandise, as described in Appendix producer(s) or exporter(s) identified in
I, entered, or withdrawn from
this paragraph that were entered, or
warehouse, for consumption on or after
withdrawn from warehouse, for
the date of publication of this notice in
consumption on or after the date which
the Federal Register. Further, pursuant
is 90 days before the publication of this
to section 733(d)(1)(B) of the Act and 19 notice.
CFR 351.205(d), Commerce will instruct
Disclosure
CBP to require a cash deposit equal to
6 See Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2.
7 See 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 Petition).
8 See Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination: Purified
Carboxymethylcellulose from Sweden, 69 FR 77213,
77215–16 (December 27, 2004), unchanged in
Notice of Final Determination of Sales at Less Than
Fair Value: Purified Carboxymethylcellulose from
Sweden, 70 FR 28278 (May 17, 2005).
PO 00000
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Fmt 4703
Sfmt 4703
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the
individually examined company,
Tycoons, in this investigation, in
accordance with section 776 of the Act,
and the applied AFA rate is based solely
on the petition, there are no calculations
to disclose.
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Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Notices
Verification
Because the examined respondents in
this investigation did not provide
information requested by Commerce,
and Commerce preliminarily determines
that the examined respondent has been
uncooperative, we will not conduct
verification.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 50 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.9 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.
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Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: July 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
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
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 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
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38599
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).
Specifically excluded from the scope of
these investigations 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.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Inference
VII. All-Others Rate
VIII. Preliminary Affirmative Determination
of Critical Circumstances
IX. Recommendation
[FR Doc. 2019–16888 Filed 8–6–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection; NIST
Invention Disclosure and Inventor
Information Collection
National Institute of Standards
and Technology, Commerce.
AGENCY:
ACTION:
E:\FR\FM\07AUN1.SGM
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07AUN1
]]>Agencies
[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Notices]
[Pages 38597-38599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16888]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-840]
Carbon and Alloy Steel Threaded Rod From Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that carbon and alloy steel threaded rod (steel threaded rod) from
Thailand is being, or is likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
January 1, 2018 through December 31, 2018. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable August 7, 2019.
FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included 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 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 the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Threaded Rod from India, Taiwan,
Thailand, and the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigations, 84 FR 10034 (March 19, 2019)
(Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carbon
and Alloy Steel Threaded Rod from Thailand,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are steel threaded rods
from Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product
[[Page 38598]]
coverage (i.e., scope).\4\ 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.\5\ Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
\5\ 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.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences, for the mandatory respondent, Tycoons Worldwide
Group (Thailand) Co. Ltd. (Tycoons), because this respondent did not
timely respond to Commerce's antidumping duty questionnaire. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for
Tycoons, and for all other producers and exporters. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act. We cannot apply the methodology described in
section 735(c)(5)(A) of the Act to calculate the all-others rate
because the sole margin in this preliminary determination was derived
pursuant to section 776 of the Act. In cases where no weighted-average
dumping margin other than margins that are zero, de minimis, or those
determined entirely under section 776 of the Act has been established
for individually examined entities, in accordance with section
735(c)(5)(B) of the Act, Commerce averages the margins calculated by
the petitioners in the petition and applies the result to all other
entities not individually examined.\6\
---------------------------------------------------------------------------
\6\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
In the Petition, the petitioner calculated only one margin.\7\
Therefore, we assigned as the all-others rate the only margin in the
Petition, which is 20.83 percent.\8\
---------------------------------------------------------------------------
\7\ See 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 Petition).
\8\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination: Purified
Carboxymethylcellulose from Sweden, 69 FR 77213, 77215-16 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethylcellulose from Sweden,
70 FR 28278 (May 17, 2005).
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists during the period January 1,
2018 through December 31, 2018:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Tycoons Worldwide Group (Thailand) Co. Ltd.............. 20.83
All Others.............................................. 20.83
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(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 Appendix I, 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 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margins
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced or exported by Tycoons and all others. In
accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of shipments of subject
merchandise from the producer(s) or exporter(s) identified in this
paragraph that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the individually examined company, Tycoons, in this investigation,
in accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
[[Page 38599]]
Verification
Because the examined respondents in this investigation did not
provide information requested by Commerce, and Commerce preliminarily
determines that the examined respondent has been uncooperative, we will
not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 50
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\9\ 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.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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 these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: July 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
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 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 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).
Specifically excluded from the scope of these investigations 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.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. All-Others Rate
VIII. Preliminary Affirmative Determination of Critical
Circumstances
IX. Recommendation
[FR Doc. 2019-16888 Filed 8-6-19; 8:45 am]
BILLING CODE 3510-DS-P
