Carbon and Alloy Steel Threaded Rod From India: Final Affirmative Determination of Sales at Less Than Fair Value, 8818-8820 [2020-03049]
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8818
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Notices
covered by this certification were
imported by {NAME OF IMPORTING
COMPANY} on behalf of {NAME OF
U.S. CUSTOMER}, located at {ADDRESS
OF U.S. CUSTOMER}.
• The corrosion resistant steel products
covered by this certification were
shipped to {NAME OF PARTY TO
WHOM MERCHANDISE WAS FIRST
SHIPPED IN THE UNITED STATES},
located at {ADDRESS OF SHIPMENT}.
• I have personal knowledge of the facts
lotter on DSKBCFDHB2PROD with NOTICES
Producer
17:48 Feb 14, 2020
Entry summary line item
No.
Entry summary No.
• I understand that {NAME OF IMPORTING
COMPANY} is required to maintain a
copy of this certification and sufficient
documentation supporting this
certification (i.e., documents maintained
in the normal course of business, or
documents obtained by the certifying
party, for example, mill certificates,
production records, invoices, etc.) for the
later of (1) a period of five years from the
date of entry or (2) a period of three years
after the conclusion of any litigation in
the United States courts regarding such
entries;
• I understand that {NAME OF IMPORTING
COMPANY} is required to provide this
certification and supporting records,
upon request, to U.S. Customs and
Border Protection (CBP) and/or the
Department of Commerce (Commerce);
• I understand that {NAME OF IMPORTING
COMPANY} is required to maintain a
copy of the exporter’s certification
(attesting to the production and/or
export of the imported merchandise
identified above), and any supporting
records provided by the exporter to the
importer, for the later of (1) a period of
five years from the date of entry or (2)
a period of three years after the
conclusion of any litigation in United
States courts regarding such entries;
• I understand that {NAME OF IMPORTING
COMPANY}is required to maintain and,
upon request, provide a copy of the
exporter’s certification and any
supporting records provided by the
exporter to the importer, to CBP and/or
Commerce;
• I understand that the claims made herein,
and the substantiating documentation,
are subject to verification by CBP and/or
Commerce;
• I understand that failure to maintain the
required certifications, and/or failure to
substantiate the claims made herein,
and/or failure to allow CBP and/or
Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which
this certification applies are within the
scope of the antidumping/countervailing
duty order on corrosion resistant steel
products from Taiwan. I understand that
such finding will result in:
VerDate Sep<11>2014
regarding the production of the corrosion
resistant steel products identified below.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer
(or exporter) from the producer regarding
the country of manufacture of the
imported products);
• The corrosion resistant steel products
covered by this certification were
produced by {NAME OF PRODUCING
COMPANY}, located at {ADDRESS OF
Jkt 250001
Æ Suspension of liquidation of all
unliquidated entries (and entries for
which liquidation has not become final)
for which these requirements were not
met; and;
Æ the requirement that the importer post
applicable antidumping duty and/or
countervailing duty cash deposits (as
appropriate) equal to the rates
determined by Commerce;
the revocation of {NAME OF IMPORTING
COMPANY}’s privilege to certify future
imports of corrosion resistant steel products
from Malaysia as not manufactured using
hot-rolled steel and/or cold-rolled steel
substrate from Taiwan.
• I understand that agents of the importer,
such as brokers, are not permitted to
make this certification;
• This certification was completed at or prior
to the time of Entry; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2020–03138 Filed 2–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–887]
Carbon and Alloy Steel Threaded Rod
From India: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that carbon and
alloy steel threaded rod (steel threaded
rod) from India is being, or is likely to
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
PRODUCING COMPANY}; for each
additional company, repeat: {NAME OF
PRODUCING COMPANY}, located at
{ADDRESS OF PRODUCING
COMPANY}.
• The corrosion resistant steel products
covered by this certification were not
manufactured using hot-rolled steel and/
or cold-rolled steel substrate from
Taiwan.
• This certification applies to the following
entries:
Invoice No.
Invoice Line Item No.
be, sold in the United States at less than
fair value (LTFV).
DATES: Applicable February 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Annathea Cook or Jerry Huang, 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) 482–0250 or (202) 482–4047,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 25, 2019, Commerce
published the Preliminary
Determination in this LTFV
investigation.1 On January 9, 2020, we
issued a Post-Preliminary Determination
with respect to the petitioner’s
particular market situation allegation.2
We invited interested parties to
comment on the Preliminary
Determination and Post-Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.3
1 See Carbon and Alloy Steel Threaded Rod from
India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of provisional
Measures, 84 FR 50376 (September 25, 2019)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Threaded
Rod from India: Decision on Particular Market
Situation Allegation,’’ dated January 9, 2020 (PostPreliminary Determination).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Carbon and
Alloy Steel Threaded Rod from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\18FEN1.SGM
18FEN1
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Notices
The Issues and 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 register 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
Issues and Decision Memorandum can
be access directly at https://
enforcement.trade.gov. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Period of Investigation
The period of investigation is January
1, 2018 through December 31, 2018.
Scope of the Investigation
The products covered by this
investigation are steel threaded rods
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation of steel threaded
rod from India, the concurrent
antidumping duty (AD) and CVD
investigations of steel threaded rod from
the People’s Republic of China, and the
concurrent AD investigations of steel
threaded rod from Taiwan and
Thailand, certain interested parties
commented on the scope of the
investigations as it appeared in the
Initiation Notices.4
On July 22, 2019, we issued a
Preliminary Scope Memorandum.5
Interested parties’ scope-related case
briefs were due on August 28, 2019.6
Because we did not receive any
comments on the Preliminary Scope
Memorandum, we are adopting the
proposed scope language in this final
determination, see Appendix I.
the margin calculations for Mangal since
the Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Additionally, for purposes of this
final determination, Commerce
determined Daksh Fasteners’ margin on
the basis of adverse facts available
(AFA), pursuant to sections
776(a)(2)(A)–(C) and 776(b) of the Act.
For further information, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. For a list of these issues,
see Appendix II.
All-Others Rate
Verification
Between October and December 2019,
we conducted verification of the sales
and cost of production data reported by
the participating respondent in this
investigation, Mangal Steel Enterprises
(Mangal), as well as the sales data
reported by Mangal’s U.S. affiliate,
North American Steel Connection, in
accordance with section 783(i) of Tariff
Act of 1930, as amended (the Act).7
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero, de minimis, or
determined entirely under section 776
of the Act. Because the final rate
determined for Daksh Fasteners is based
entirely on AFA, we based the all-others
rate on the rate calculated for Mangal.
Final Determination
Commerce determines that the
weighted-average dumping margins are
as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Daksh Fasteners 9 .......................................................................................................................................
Mangal Steel Enterprise Limited .................................................................................................................
All Others .....................................................................................................................................................
Continuation of Suspension of
Liquidation
lotter on DSKBCFDHB2PROD with NOTICES
In accordance with section
735(c)(1)(B) of the Act, Commerce will
4 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);
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) (collectively, Initiation Notices).
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.
6 See Preliminary Scope Decision Memorandum
at 3.
VerDate Sep<11>2014
17:48 Feb 14, 2020
Jkt 250001
8819
28.34
2.47
2.47
Cash
deposit rate
(adjusted for
export subsidy
offset(s)) 8
(percent)
22.86
0.00
0.00
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
steel threaded rod from India, as
described in Appendix I of this notice,
which are entered or withdrawn from
warehouse for consumption on or after
September 25, 2019, the date of
7 See Memorandum, ‘‘Verification of Cost
Response of Mangal Steel Enterprises Ltd. in the
Antidumping Duty Investigation of Carbon and
Alloy Steel Threaded Rod from India,’’ dated
December 10, 2019; Memorandum, ‘‘Verification of
the Sales Response of Mangal Steel Enterprise
Limited in the Antidumping Duty Investigation of
Carbon and Alloy Steel Threaded Rod from India,’’
dated January 3, 2020; and Memorandum,
‘‘Verification of the Constructed Export Price (CEP)
Sales Response of North American Steel Connection
in the Antidumping Duty Investigation of Carbon
and Alloy Steel Threaded Rod from India,’’ dated
January 3, 2020.
8 As noted in the ‘‘Continuation of Suspension of
Liquidation’’ section, we are adjusting the cash
deposit rates to take into account the export subsidy
rates found in the companion CVD investigation.
Specifically, for Mangal and all others, we adjusted
the cash deposit rates by the export contingent
subsidy rate calculated for Mangal in that
investigation (i.e., 5.48 percent). We also adjusted
the cash deposit rate for Daksh Fasteners by the
export contingent subsidy rate for Mangal, because
it is the lowest export subsidy rate determined for
any party in the companion CVD proceeding.
9 As explained in the Issues and Decision
Memorandum, this company is receiving a rate
based on total AFA because it did not respond to
our AD questionnaire.
PO 00000
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8820
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Notices
publication in the Federal Register of
the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for entries of subject merchandise equal
to the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
company-specific estimated weightedaverage dumping margins determined in
this final 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, i.e., 2.47 percent. These
suspension of liquidation instructions
will remain in effect until further notice.
In the event that a CVD order is
issued, and suspension of liquidation is
resumed in the companion CVD
investigation on steel threaded rod from
India, Commerce will instruct CBP to
require cash deposits adjusted by the
amount of export subsidies, as
appropriate. These adjustments are
reflected in the final column of the rate
chart above. Until such suspension of
liquidation is resumed in the
companion CVD investigation, and so
long as suspension of liquidation
continues under this AD investigation,
the cash deposit rates for this AD
investigation will be the rates identified
in the estimated weighted-average
dumping margin column in the rate
chart above.
lotter on DSKBCFDHB2PROD with NOTICES
Disclosure
Commerce will disclose to interested
parties the calculations performed in
connection with a final 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 final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
VerDate Sep<11>2014
17:48 Feb 14, 2020
Jkt 250001
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
steel threaded rod from India no later
than 45 days after this final
determination. If the ITC determines
that material injury, or threat of material
injury, does not exist, the proceeding
will be terminated, and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue an AD duty order directing
CBP to assess, upon further instruction
by Commerce, AD duties on all imports
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Order
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: February 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
this investigation is carbon and alloy steel
threaded rod. Steel threaded rod is certain
threaded rod, bar, or studs, of carbon or alloy
steel, having a solid, circular cross section of
any diameter, in any straight length. Steel
threaded rod is normally drawn, cold-rolled,
threaded, and straightened, or it may be hotrolled. In addition, the steel threaded rod,
bar, or studs subject to 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,
PO 00000
Frm 00016
Fmt 4703
Sfmt 9990
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 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.
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Calculation of Constructed
Value Profit and Selling Expense Ratios
Comment 2: Excluded Electricity Costs
Comment 3: Mangal Steel Enterprise’s
General and Administrative Expenses
Comment 4: Adverse Facts Available for
Daksh Fasteners
VI. Recommendation
[FR Doc. 2020–03049 Filed 2–14–20; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8818-8820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03049]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-887]
Carbon and Alloy Steel Threaded Rod From India: Final 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) determines that carbon
and alloy steel threaded rod (steel threaded rod) from India is being,
or is likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable February 18, 2020.
FOR FURTHER INFORMATION CONTACT: Annathea Cook or Jerry Huang, 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) 482-0250 or (202) 482-4047,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 25, 2019, Commerce published the Preliminary
Determination in this LTFV investigation.\1\ On January 9, 2020, we
issued a Post-Preliminary Determination with respect to the
petitioner's particular market situation allegation.\2\ We invited
interested parties to comment on the Preliminary Determination and
Post-Preliminary Determination. A summary of the events that occurred
since Commerce published the Preliminary Determination, as well as a
full discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Threaded Rod from India:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
provisional Measures, 84 FR 50376 (September 25, 2019) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Antidumping Duty Investigation of Carbon
and Alloy Steel Threaded Rod from India: Decision on Particular
Market Situation Allegation,'' dated January 9, 2020 (Post-
Preliminary Determination).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Carbon and Alloy Steel Threaded Rod from India,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
[[Page 8819]]
The Issues and 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 register 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 Issues and
Decision Memorandum can be access directly at https://enforcement.trade.gov. The signed and electronic versions of the Issues
and Decision Memorandum are identical in content.
Period of Investigation
The period of investigation is January 1, 2018 through December 31,
2018.
Scope of the Investigation
The products covered by this investigation are steel threaded rods
from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation of steel threaded rod from
India, the concurrent antidumping duty (AD) and CVD investigations of
steel threaded rod from the People's Republic of China, and the
concurrent AD investigations of steel threaded rod from Taiwan and
Thailand, certain interested parties commented on the scope of the
investigations as it appeared in the Initiation Notices.\4\
---------------------------------------------------------------------------
\4\ 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); 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) (collectively, Initiation Notices).
---------------------------------------------------------------------------
On July 22, 2019, we issued a Preliminary Scope Memorandum.\5\
Interested parties' scope-related case briefs were due on August 28,
2019.\6\ Because we did not receive any comments on the Preliminary
Scope Memorandum, we are adopting the proposed scope language in this
final determination, see Appendix I.
---------------------------------------------------------------------------
\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.
\6\ See Preliminary Scope Decision Memorandum at 3.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of these issues, see Appendix II.
Verification
Between October and December 2019, we conducted verification of the
sales and cost of production data reported by the participating
respondent in this investigation, Mangal Steel Enterprises (Mangal), as
well as the sales data reported by Mangal's U.S. affiliate, North
American Steel Connection, in accordance with section 783(i) of Tariff
Act of 1930, as amended (the Act).\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Verification of Cost Response of Mangal
Steel Enterprises Ltd. in the Antidumping Duty Investigation of
Carbon and Alloy Steel Threaded Rod from India,'' dated December 10,
2019; Memorandum, ``Verification of the Sales Response of Mangal
Steel Enterprise Limited in the Antidumping Duty Investigation of
Carbon and Alloy Steel Threaded Rod from India,'' dated January 3,
2020; and Memorandum, ``Verification of the Constructed Export Price
(CEP) Sales Response of North American Steel Connection in the
Antidumping Duty Investigation of Carbon and Alloy Steel Threaded
Rod from India,'' dated January 3, 2020.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Mangal since the Preliminary Determination. For a discussion of these
changes, see the Issues and Decision Memorandum.
Additionally, for purposes of this final determination, Commerce
determined Daksh Fasteners' margin on the basis of adverse facts
available (AFA), pursuant to sections 776(a)(2)(A)-(C) and 776(b) of
the Act. For further information, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero, de minimis, or determined entirely under section
776 of the Act. Because the final rate determined for Daksh Fasteners
is based entirely on AFA, we based the all-others rate on the rate
calculated for Mangal.
Final Determination
Commerce determines that the weighted-average dumping margins are
as follows:
------------------------------------------------------------------------
Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted-average export subsidy
dumping margin offset(s)) \8\
(percent) (percent)
------------------------------------------------------------------------
Daksh Fasteners \9\............... 28.34 22.86
Mangal Steel Enterprise Limited... 2.47 0.00
All Others........................ 2.47 0.00
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
---------------------------------------------------------------------------
\8\ As noted in the ``Continuation of Suspension of
Liquidation'' section, we are adjusting the cash deposit rates to
take into account the export subsidy rates found in the companion
CVD investigation. Specifically, for Mangal and all others, we
adjusted the cash deposit rates by the export contingent subsidy
rate calculated for Mangal in that investigation (i.e., 5.48
percent). We also adjusted the cash deposit rate for Daksh Fasteners
by the export contingent subsidy rate for Mangal, because it is the
lowest export subsidy rate determined for any party in the companion
CVD proceeding.
\9\ As explained in the Issues and Decision Memorandum, this
company is receiving a rate based on total AFA because it did not
respond to our AD questionnaire.
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In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of steel threaded rod
from India, as described in Appendix I of this notice, which are
entered or withdrawn from warehouse for consumption on or after
September 25, 2019, the date of
[[Page 8820]]
publication in the Federal Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for entries
of subject merchandise equal to the estimated weighted-average dumping
margin 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 final 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, i.e., 2.47 percent. These suspension
of liquidation instructions will remain in effect until further notice.
In the event that a CVD order is issued, and suspension of
liquidation is resumed in the companion CVD investigation on steel
threaded rod from India, Commerce will instruct CBP to require cash
deposits adjusted by the amount of export subsidies, as appropriate.
These adjustments are reflected in the final column of the rate chart
above. Until such suspension of liquidation is resumed in the companion
CVD investigation, and so long as suspension of liquidation continues
under this AD investigation, the cash deposit rates for this AD
investigation will be the rates identified in the estimated weighted-
average dumping margin column in the rate chart above.
Disclosure
Commerce will disclose to interested parties the calculations
performed in connection with a final 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 final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of steel threaded
rod from India no later than 45 days after this final determination. If
the ITC determines that material injury, or threat of material injury,
does not exist, the proceeding will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an AD duty order directing CBP to assess,
upon further instruction by Commerce, AD duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Order
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: February 7, 2020.
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 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 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.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Calculation of Constructed Value Profit and Selling
Expense Ratios
Comment 2: Excluded Electricity Costs
Comment 3: Mangal Steel Enterprise's General and Administrative
Expenses
Comment 4: Adverse Facts Available for Daksh Fasteners
VI. Recommendation
[FR Doc. 2020-03049 Filed 2-14-20; 8:45 am]
BILLING CODE 3510-DS-P
