Carbon and Alloy Steel Threaded Rod From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 50382-50384 [2019-20812]
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50382
Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
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.
Alloy and certain carbon 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 or 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.
Alloy and certain carbon steel threaded rod
are 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.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Product Characteristics
VII. Selection of Respondents
VIII. Discussion of the Methodology
IX. Adjustment Under Section 777(A)(f) of
the Act
X. Adjustment to Cash Deposit Rate for
Export Subsidies
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XI. Recommendation
[FR Doc. 2019–20810 Filed 9–24–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–865]
Carbon and Alloy Steel Threaded Rod
From Taiwan: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Carbon and Alloy Steel Threaded
Rod (CASTR) from Taiwan 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.
AGENCY:
DATES:
Applicable September 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Ethan Talbot,
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) 482–1395 or
(202) 482–1030, respectively.
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 On June 14, 2019,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now September
19, 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
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 Carbon and Alloy Steel Threaded Rod From
India, Taiwan, and the People’s Republic of China:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 84 FR 27764
(June 14, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Carbon and Alloy Steel
Threaded Rod from Taiwan,’’ dated concurrently
PO 00000
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Sfmt 4703
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
The product covered by this
investigation is CASTR from Taiwan.
For a complete description of the scope
of this investigation, see Appendix I.
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 investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 The scope case briefs
were due on August 28, 2019, 30 days
after the publication of CASTR from
China Preliminary CVD Determination.7
with, and hereby adopted by this notice
(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 The scope case briefs were due 30 days after the
publication of 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, 84 FR 36578 (July 29, 2019) (CASTR
from China Preliminary CVD Determination). See
the Preliminary Scope Decision Memorandum at 3.
The deadline for the scope case briefs was
Wednesday, August 28, 2019. Because the deadline
for rebuttal briefs fell on Monday, September 2,
2019, a Federal holiday, the actual deadline for the
scope rebuttal briefs was Tuesday, September 3,
2019. See 19 CFR 351.303(b)(1) (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
There will be no further opportunity for
comments on scope-related issues.8
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 determined to use facts
available, and to apply an adverse
inference when selecting from among
the facts otherwise available for
Quintain Steel Co. Ltd. (Quintain Steel),
Top Forever Screws Co. Ltd. (Top
Forever), Fastenal Asia Pacific Ltd. TW
Repres (Fastenal), QST International
Corporation (QST), and Ta Chen Steel
Pipe Ltd. (Ta Chen). For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
jbell on DSK3GLQ082PROD with NOTICES
Sections 733(d)(1)(A)(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.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters or producers individually
examined are zero, de minimis or
determined based entirely on facts
otherwise available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all-other producers or
exporters. Commerce has preliminarily
determined the estimated weightedaverage dumping margin for the
individually examined respondent
under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, Commerce’s
normal practice under these
circumstances is to calculate the allothers rate as a simple average of the
alleged dumping margin(s) from the
petition.9 In this investigation, only a
day, the Secretary will accept documents that are
filed on the next business day.’’).
8 Parties were already permitted the opportunity
to file scope case briefs. Case briefs, other written
comments, and rebuttal briefs should not include
scope-related issues. See Preliminary Scope
Decision Memorandum at 3.
9 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
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18:25 Sep 24, 2019
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single dumping margin was alleged in
the petition, 32.26 percent (as calculated
for the purposes of initiation).10 As
such, consistent with its practice,
Commerce is preliminarily assigning the
dumping margin alleged in the petition
as the all-others rate to all exporters or
producers not individually examined.
For a full description of the
methodology underlying Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
50383
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
or exporters will be equal to the all
others estimated weighted-average
dumping margin.
Disclosure
Normally, Commerce discloses to
interested
parties the calculations
Weightedperformed in connection with a
average
preliminary determination within five
Exporter or producer
dumping
margin
days of any public announcement or, if
(percent)
there is no public announcement,
Quintain Steel Co. Ltd ..........
* 32.26 within five days of the date of
Top Forever Screws Co. Ltd.
* 32.26 publication of the notice of preliminary
determination in the Federal Register,
Fastenal Asia Pacific Ltd.
TW Repres ........................
* 32.26 in accordance with 19 CFR 351.224(b).
QST International CorporaHowever, because Commerce
tion ....................................
* 32.26 preliminarily applied AFA to the
Ta Chen Steel Pipe Ltd ........
* 32.26 individually examined companies—
All Others ..............................
32.26
Quintain Steel, Top Forever, Fastenal,
QST, and Ta Chen—in this
* Adverse Facts Available.
investigation, in accordance with
Suspension of Liquidation
section 776 of the Act, and the applied
In accordance with section 733(d)(2)
AFA rate is based solely on the highest
of the Act, Commerce will direct U.S.
dumping margin alleged in the petition,
Customs and Border Protection (CBP) to there are no calculations to disclose.
suspend liquidation of entries of subject
merchandise, as described in Appendix Verification
I, entered, or withdrawn from
Because Quintain Steel, Top Forever,
warehouse, for consumption on or after
Fastenal, QST, and Ta Chen did not
the date of publication of this notice in
provide information requested by
the Federal Register. Further, pursuant
Commerce, and Commerce
to section 733(d)(1)(B) of the Act and 19 preliminarily determines that each of
CFR 351.205(d), Commerce will instruct the examined respondents has been
CBP to require a cash deposit equal to
uncooperative, we will not conduct
the estimated weighted-average
verification.
dumping margin as described above, as
follows: (1) The cash deposit rate for the Public Comment
respondents listed above will be equal
Case briefs or other written comments
may
be submitted to the Assistant
the Federal Republic of Germany, 73 FR 21909,
Secretary
for Enforcement and
21912 (April 23, 2008), unchanged in Notice of
Compliance no later than 30 days after
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
the date of publication of the
Germany, 73 FR 38986, 38987 (July 8, 2008), and
preliminary determination. Rebuttal
accompanying Issues and Decision Memorandum at
briefs, limited to issues raised in case
Comment 2; see also, Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
briefs, may be submitted no later than
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
five days after the deadline date for case
2008); Steel Threaded Rod from Thailand:
briefs.11 Pursuant to 19 CFR
Preliminary Determination of Sales at Less Than
351.309(c)(2) and (d)(2), parties who
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
submit case briefs or rebuttal briefs in
79670, 79671 (December 31, 2013), unchanged in
this investigation are encouraged to
Steel Threaded Rod from Thailand: Final
submit with each argument: (1) A
Determination of Sales at Less Than Fair Value and
statement of the issue; (2) a brief
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
summary of the argument; and (3) a
2014).
table of authorities.
10
See Commerce’s Letter, ‘‘Antidumping Duty
Investigation Initiation Checklist: Carbon and Alloy
Steel Threaded Rod from Taiwan,’’ dated March 13,
2019.
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Fmt 4703
Sfmt 4703
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
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)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration, and 19 CFR 351.210(e)(1)
further provides that Commerce may
grant the request, unless Commerce
finds compelling reasons to deny the
request.
On August 18, 2019, pursuant to 19
CFR 351.210(e), Ta Chen requested that
Commerce postpone the final
determination and agreed to extend the
application of the provisional measures.
However, we find that a compelling
reason to deny the request to postpone
the final determination exists because
on August 28, 2019, Ta Chen informed
Commerce that it would no longer
participate in the investigation. Since
there are no respondents participating
in this investigation, there is no need to
postpone the final determination, and
we are thus compelled to deny the
request. In accordance with section
735(a)(2) of the Act and 19 CFR
351.210(e)(1), because a compelling
reason for denial exists, we are not
VerDate Sep<11>2014
18:25 Sep 24, 2019
Jkt 247001
granting Ta Chen’s request to postpone
the final determination. Therefore, we
intend to issue the final determination
pursuant to section 735(a)(1) of the Act
and 19 CFR 351.210(b)(1).
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: September 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
the 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 the 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 A329 L7/L7M, ASTM A320
L43, ASTM A354 BC and BD, ASTM A449,
ASTM F1554–36, ASTM F1554–55, ASTM
F1554 Grade 105, American Society of
Mechanical Engineers (ASME) specification
ASME B18.31.3, and American Petroleum
Institute (API) specification API 20E. All
steel threaded rod meeting the physical
description set forth above is covered by the
scope of the 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
PO 00000
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Fmt 4703
Sfmt 9990
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 the
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 the
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 the
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Product Characteristics
VII. Application of Facts Available and Use
of Adverse Inference
VIII. All-Others Rate
IX. Verification
X. Recommendation
[FR Doc. 2019–20812 Filed 9–24–19; 8:45 am]
BILLING CODE 3510–DS–P
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Agencies
[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50382-50384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20812]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-865]
Carbon and Alloy Steel Threaded Rod From Taiwan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
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 (CASTR) from Taiwan 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 September 25, 2019.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Ethan Talbot,
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) 482-1395 or (202)
482-1030, respectively.
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\ On June 14, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
September 19, 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 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 Carbon and Alloy Steel Threaded Rod From India, Taiwan,
and the People's Republic of China: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 84 FR
27764 (June 14, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carbon
and Alloy Steel Threaded Rod from Taiwan,'' dated concurrently with,
and hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is CASTR from Taiwan. For
a complete description of the scope of this investigation, see Appendix
I.
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 investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ The scope
case briefs were due on August 28, 2019, 30 days after the publication
of CASTR from China Preliminary CVD Determination.\7\
[[Page 50383]]
There will be no further opportunity for comments on scope-related
issues.\8\
---------------------------------------------------------------------------
\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\ The scope case briefs were due 30 days after the publication
of 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, 84 FR 36578 (July 29, 2019) (CASTR from China
Preliminary CVD Determination). See the Preliminary Scope Decision
Memorandum at 3. The deadline for the scope case briefs was
Wednesday, August 28, 2019. Because the deadline for rebuttal briefs
fell on Monday, September 2, 2019, a Federal holiday, the actual
deadline for the scope rebuttal briefs was Tuesday, September 3,
2019. See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
\8\ Parties were already permitted the opportunity to file scope
case briefs. Case briefs, other written comments, and rebuttal
briefs should not include scope-related issues. See Preliminary
Scope Decision Memorandum at 3.
---------------------------------------------------------------------------
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 determined to use facts available, and to
apply an adverse inference when selecting from among the facts
otherwise available for Quintain Steel Co. Ltd. (Quintain Steel), Top
Forever Screws Co. Ltd. (Top Forever), Fastenal Asia Pacific Ltd. TW
Repres (Fastenal), QST International Corporation (QST), and Ta Chen
Steel Pipe Ltd. (Ta Chen). For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(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.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters or
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all-other producers or exporters. Commerce has preliminarily
determined the estimated weighted-average dumping margin for the
individually examined respondent under section 776 of the Act.
Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce's
normal practice under these circumstances is to calculate the all-
others rate as a simple average of the alleged dumping margin(s) from
the petition.\9\ In this investigation, only a single dumping margin
was alleged in the petition, 32.26 percent (as calculated for the
purposes of initiation).\10\ As such, consistent with its practice,
Commerce is preliminarily assigning the dumping margin alleged in the
petition as the all-others rate to all exporters or producers not
individually examined. For a full description of the methodology
underlying Commerce's analysis, see the Preliminary Decision
Memorandum.
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\9\ See, e.g., 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;
see also, Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
\10\ See Commerce's Letter, ``Antidumping Duty Investigation
Initiation Checklist: Carbon and Alloy Steel Threaded Rod from
Taiwan,'' dated March 13, 2019.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Quintain Steel Co. Ltd.................................. * 32.26
Top Forever Screws Co. Ltd.............................. * 32.26
Fastenal Asia Pacific Ltd. TW Repres.................... * 32.26
QST International Corporation........................... * 32.26
Ta Chen Steel Pipe Ltd.................................. * 32.26
All Others.............................................. 32.26
------------------------------------------------------------------------
* Adverse Facts Available.
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 as described above, as follows: (1) The cash
deposit rate for the respondents 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 or
exporters will be equal to the all others estimated weighted-average
dumping margin.
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 companies--Quintain Steel, Top Forever,
Fastenal, QST, and Ta Chen--in this investigation, in accordance with
section 776 of the Act, and the applied AFA rate is based solely on the
highest dumping margin alleged in the petition, there are no
calculations to disclose.
Verification
Because Quintain Steel, Top Forever, Fastenal, QST, and Ta Chen did
not provide information requested by Commerce, and Commerce
preliminarily determines that each of the examined respondents 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 30
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\11\ 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.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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[[Page 50384]]
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)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration, and 19 CFR 351.210(e)(1) further provides that Commerce
may grant the request, unless Commerce finds compelling reasons to deny
the request.
On August 18, 2019, pursuant to 19 CFR 351.210(e), Ta Chen
requested that Commerce postpone the final determination and agreed to
extend the application of the provisional measures. However, we find
that a compelling reason to deny the request to postpone the final
determination exists because on August 28, 2019, Ta Chen informed
Commerce that it would no longer participate in the investigation.
Since there are no respondents participating in this investigation,
there is no need to postpone the final determination, and we are thus
compelled to deny the request. In accordance with section 735(a)(2) of
the Act and 19 CFR 351.210(e)(1), because a compelling reason for
denial exists, we are not granting Ta Chen's request to postpone the
final determination. Therefore, we intend to issue the final
determination pursuant to section 735(a)(1) of the Act and 19 CFR
351.210(b)(1).
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: September 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of the 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 the 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 A329 L7/L7M, ASTM A320 L43, ASTM
A354 BC and BD, ASTM A449, ASTM F1554-36, ASTM F1554-55, ASTM F1554
Grade 105, American Society of Mechanical Engineers (ASME)
specification ASME B18.31.3, and American Petroleum Institute (API)
specification API 20E. All steel threaded rod meeting the physical
description set forth above is covered by the scope of the
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 the 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 the 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 the 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Product Characteristics
VII. Application of Facts Available and Use of Adverse Inference
VIII. All-Others Rate
IX. Verification
X. Recommendation
[FR Doc. 2019-20812 Filed 9-24-19; 8:45 am]
BILLING CODE 3510-DS-P