Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019-2020, 67016-67018 [2022-24213]
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67016
Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices
the exporter of the subject merchandise
does not have its own rate but the
producer has its own rate, the cash
deposit rate will be the rate established
in the most recently completed segment
of the proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 33.81
percent, the all-others rate established
in the less-than-fair-value
investigation.18
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
(threaded rod) from the People’s
Republic of China (China) during the
period of review (POR) July 29, 2019,
through December 31, 2020.
DATES: Applicable November 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Allison Hollander,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410 or
(202) 482–2805, respectively.
SUPPLEMENTARY INFORMATION:
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Background
On May 6, 2022, Commerce published
the preliminary results of the 2019–2020
administrative review of the
countervailing duty order on threaded
rod from China.1 This review covers two
mandatory respondents, Zhejiang
Junyue Standard Part Co., Ltd. (Junyue)
and Ningbo Zhongjiang High Strength
Bolts Co., Ltd. (Zhongjiang Bolts), and
three non-examined producers or
exporters of subject merchandise. We
invited interested parties to comment on
the Preliminary Results.2 On June 6,
2022, we received timely case briefs
from Vulcan Threaded Products Inc.
(the petitioner), Junyue, and Zhongjiang
Bolts. On June 13, 2022, we received
timely rebuttal briefs from the
petitioner, Junyue, and Zhongjiang
Bolts. For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.3
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(1).
Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Order 4
The product covered by the Order is
threaded rod from China. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
[FR Doc. 2022–24167 Filed 11–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–105]
Carbon and Alloy Steel Threaded Rod
From the People’s Republic of China:
Final Results of Countervailing Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to the producers and exporters
subject to the administrative review of
carbon and alloy steel threaded rod
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
18 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Butt-Weld
Pipe Fittings from the Philippines, 65 FR 81823
(December 27, 2000).
VerDate Sep<11>2014
16:45 Nov 04, 2022
Jkt 259001
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum accompanying
1 See Carbon and Alloy Steel Threaded Rod From
the People’s Republic of China: Preliminary Results
of Countervailing Duty Administrative Review and
Rescission of Administrative Review in Part; 2019–
2020, 87 FR 27104 (May 6, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Preliminary Results, 87 FR at 27106.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Carbon and Alloy Steel Threaded Rod from the
People’s Republic of China; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Carbon and Alloy Steel Threaded Rod from
India and the People’s Republic of China:
Countervailing Duty Orders, 85 FR 19927 (April 9,
2020) (Order).
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Fmt 4703
Sfmt 4703
this notice. A list of the issues
addressed in the Issues and Decision
Memorandum is provided in the
appendix to this notice. 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
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments in case and
rebuttal briefs and record evidence,
Commerce made certain changes from
the Preliminary Results regarding the
calculation of wire rod and steel bar
benchmarks and we have corrected
several ministerial errors. As a result of
these changes, the final rates for Junyue
and Zhongjiang Bolts have changed and
the rate for non-selected respondents
also changed. These changes are
explained in the Issues and Decision
Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.5 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
section 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 705(c)(5) of
the Act, which provides instructions for
determining the all-others rate in an
investigation, for guidance when
calculating the rate for companies
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\07NON1.SGM
07NON1
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Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices
which were not selected for individual
examination in an administrative
review. Under section 705(c)(5)(A) of
the Act, the all-others rate is normally
an amount equal to the weighted
average of the countervailable subsidy
rates established for exporters and
producers individually investigated,
excluding any zero or de minimis
countervailable subsidy rates, and any
rates determined entirely on the basis of
facts available.
There are three companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross owned with a mandatory
respondent: (1) Ningbo Dingtuo Imp. &
Exp. Co., Ltd.; (2) Ningbo Dongxin HighStrength Nut Co., Ltd.; and (3) Ningbo
Jinding Fastening Piece Co., Ltd. For
these non-selected companies, because
the rates calculated for the mandatory
respondents, Junyue and Zhongjiang
Bolts, were above de minimis and not
based entirely on facts available, we are
applying the weighted average of the net
countervailable subsidy rates calculated
for the mandatory respondents, which
we calculated using the publicly-ranged
sales data submitted by Junyue and
Zhongjiang Bolts.6 This methodology to
establish the non-selected subsidy rate
is consistent with our practice with
regard to the all-others rate, pursuant to
section 705(c)(5)(A)(i) of the Act.
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), Commerce calculated the
following net countervailable subsidy
rates for the period July 29, 2019,
through December 31, 2020:
Company
Subsidy rate—
2019
(percent ad
valorem)
Subsidy rate—
2020
(percent ad
valorem)
6.42
5.09
5.64
5.79
5.94
5.94
5.94
5.69
5.69
5.69
Ningbo Zhongjiang High Strength Bolts Co., Ltd 1 ..................................................................................................
Zhejiang Junyue Standard Part Co., Ltd 2 ...............................................................................................................
Review-Specific Average Rate Applicable to the Following Companies:
Ningbo Dingtuo Imp. & Exp. Co., Ltd ......................................................................................................................
Ningbo Dongxin High-Strength Nut Co., Ltd ...........................................................................................................
Ningbo Jinding Fastening Piece Co., Ltd ................................................................................................................
1 In the original investigation, Commerce found Ningbo Zhongmin Metal Product Co., Ltd., to be cross-owned with Ningbo Zhongjiang High
Strength Bolts Co., Ltd. See 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), and accompanying PDM, at 28, unchanged in Carbon and Alloy Steel Threaded Rod from the People’s Republic of China: Final Affirmative Countervailing
Duty Determination, 85 FR 8833 (February 18, 2020). As the facts have not changed in this review, we continue to find Ningbo Zhongmin Metal
Product Co., Ltd., to be cross-owned with Ningbo Zhongjiang High Strength Bolts Co., Ltd. See also Preliminary Results PDM.
2 As discussed in the Preliminary Results PDM, Commerce finds the following companies to be cross-owned with Zhejiang Junyue Standard
Part Co., Ltd.: Jiaxing Chengyue Trading Co., Ltd.; and Haiyan County Brothers Paper Industry Co., Ltd.
Disclosure
We intend to disclose the calculations
performed in connection with the final
results of review to parties in this
proceeding within five days after public
announcement of the final results or, if
there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b).
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise covered by this review. We
intend to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these final results
of review. If a timely summons is filed
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms subject to the Order, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
6 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Assessment Rates
khammond on DSKJM1Z7X2PROD with NOTICES
at the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
VerDate Sep<11>2014
16:45 Nov 04, 2022
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appropriate. These cash deposit
requirements, effective upon
publication of the final results of
review, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written 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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
the final results of review in accordance
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010); see also Memorandum,
‘‘Administrative Review of the Countervailing Duty
Order on Carbon and Alloy Steel Threaded Rod
from the People’s Republic of China: Calculation of
Rate for Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
E:\FR\FM\07NON1.SGM
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Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(5).
Dated: November 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Non-Selected Companies Under Review
VI. Subsidies Valuation Information
VII. Interest Rates, Discount Rates, and
Benchmarks
VIII. Use of Facts Otherwise Available and
Application of Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit (EBC) Program
Comment 2: Wire Rod and Steel Bar
Benchmarks Calculation
Comment 3: Ocean Freight Benchmark
Calculation
Comment 4: Whether Haiyan County
Brothers Paper Industry Co., Ltd.
(Brother Paper) Is Cross-Owned With
Junyue
Comment 5: Whether Commerce Should
Countervail Certain of Junyue’s
Purchases of Electricity
Comment 6: Whether Commerce Should
Revise Its Calculation of Junyue’s
Benefits for Policy Loans and Discount
Notes
Comment 7: Whether Commerce Should
Revise Its Calculation of Zhongjiang
Bolts Benefits for Policy Loans
Comment 8: Whether Commerce Should
Revise Its Calculation of the Subsidy
Rate for Certain ‘‘Other Subsidies’’
Comment 9: Whether Commerce Should
Revise Its Calculation of Zhongjiang
Bolts’ Subsidy Rate for Outbound Ocean
Freight Rates for Less Than Adequate
Remuneration (LTAR)
XI. Recommendation
[FR Doc. 2022–24213 Filed 11–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
khammond on DSKJM1Z7X2PROD with NOTICES
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Green Sturgeon ESA 4(d)
Rule Take Exceptions and Exemptions
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
VerDate Sep<11>2014
16:45 Nov 04, 2022
Jkt 259001
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 19,
2022 during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Marine Fisheries
Service (NMFS), Commerce.
Title: Green Sturgeon ESA 4(d) Rule
Take Exceptions and Exemptions.
OMB Control Number: 0648–0613.
Form Number(s): None.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 45.
Average Hours Per Response: Written
notification describing research,
monitoring, habitat restoration, or
emergency fish rescue and salvage
activities, 40 hours; research
applications, 40 hours; development of
state 4(d) research programs, 40 hours;
development of a tribal fishery
management or fishery management and
evaluation plan, 160 hours; FMEP
report, 20 hours; reports, 5 hours.
Total Annual Burden Hours: 1,510.
Needs and Uses: The Southern
Distinct Population Segment of North
American green sturgeon (Acipenser
medirostris; hereafter, ‘‘Southern DPS’’)
was listed as a threatened species in
April 2006. Protective regulations under
section 4(d) of the ESA were
promulgated for the species on June 2,
2010 (75 FR 30714) (the final ESA 4(d)
Rule) and codified at 50 CFR 223.210.
To comply with the ESA and the
protective regulations, entities must
obtain take authorization prior to
engaging in activities involving take of
Southern DPS fish unless the activity is
covered by an exception or exemption.
‘‘Take’’ is defined as to harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture or collect, or to attempt to
engage in any such conduct. Certain
activities described in the ‘‘exceptions’’
provision of 50 CFR 223.210(b) are not
subject to the take prohibitions if they
adhere to specific criteria and reporting
requirements. Under the ‘‘exemption’’
provision of 50 CFR 223.210(c), the take
prohibitions do not apply to scientific
research, scientific monitoring, and
fisheries activities conducted under an
approved 4(d) program or plan;
similarly, take prohibitions do not apply
to tribal resource management activities
conducted under a Tribal Plan for
PO 00000
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Fmt 4703
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which the requisite determinations
described in 50 CFR 223.210(c)(3) have
been made.
To ensure that activities qualify under
exceptions to or exemptions from the
take prohibitions, local, state, and
federal agencies, non-governmental
organizations, academic researchers,
and private organizations are asked to
voluntarily submit detailed information
regarding their activity on a schedule to
be determined by National Marine
Fisheries Service (NMFS) staff. This
information is used by NMFS to (1)
track the number of Southern DPS fish
taken as a result of each action; (2)
understand and evaluate the cumulative
effects of each action on the Southern
DPS; and (3) determine whether
additional protections are needed for
the species, or whether additional
exceptions may be warranted. NMFS
designed the criteria to ensure that
plans meeting the criteria would
adequately limit effects on threatened
Southern DPS fish, such that additional
protections in the form of a federal take
prohibition would not be necessary and
advisable.
Affected Public: Not-for-profit
institutions; State, local, or Tribal
government; Federal government;
business or other for-profit
organizations.
Frequency: Written notification
describing research, monitoring, habitat
restoration, or emergency fish rescue
and salvage activities, on occasion;
development of fisheries management
and evaluation plans, state 4(d) research
programs, or tribal fishery management
plans, on occasion; fisheries
management and evaluation plan
reports, biannually; all other reports,
annually.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
Legal Authority: Endangered Species
Act.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
E:\FR\FM\07NON1.SGM
07NON1
Agencies
[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67016-67018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24213]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-105]
Carbon and Alloy Steel Threaded Rod From the People's Republic of
China: Final Results of Countervailing Duty Administrative Review;
2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to the producers and
exporters subject to the administrative review of carbon and alloy
steel threaded rod (threaded rod) from the People's Republic of China
(China) during the period of review (POR) July 29, 2019, through
December 31, 2020.
DATES: Applicable November 7, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Allison Hollander,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0410 or (202)
482-2805, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published the preliminary results of the
2019-2020 administrative review of the countervailing duty order on
threaded rod from China.\1\ This review covers two mandatory
respondents, Zhejiang Junyue Standard Part Co., Ltd. (Junyue) and
Ningbo Zhongjiang High Strength Bolts Co., Ltd. (Zhongjiang Bolts), and
three non-examined producers or exporters of subject merchandise. We
invited interested parties to comment on the Preliminary Results.\2\ On
June 6, 2022, we received timely case briefs from Vulcan Threaded
Products Inc. (the petitioner), Junyue, and Zhongjiang Bolts. On June
13, 2022, we received timely rebuttal briefs from the petitioner,
Junyue, and Zhongjiang Bolts. For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Threaded Rod From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission of Administrative Review in
Part; 2019-2020, 87 FR 27104 (May 6, 2022) (Preliminary Results),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results, 87 FR at 27106.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Carbon and Alloy Steel Threaded Rod from the People's Republic of
China; 2019-2020,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Carbon and Alloy Steel Threaded Rod from India and the
People's Republic of China: Countervailing Duty Orders, 85 FR 19927
(April 9, 2020) (Order).
---------------------------------------------------------------------------
The product covered by the Order is threaded rod from China. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues addressed in the Issues and Decision Memorandum is provided
in the appendix to this notice. 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 registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments in case and rebuttal briefs and record evidence,
Commerce made certain changes from the Preliminary Results regarding
the calculation of wire rod and steel bar benchmarks and we have
corrected several ministerial errors. As a result of these changes, the
final rates for Junyue and Zhongjiang Bolts have changed and the rate
for non-selected respondents also changed. These changes are explained
in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution from a
government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\ For a full description
of the methodology underlying all of Commerce's conclusions, including
any determination that relied upon the use of adverse facts available
pursuant to section 776(a) and (b) of the Act, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 705(c)(5) of the Act, which provides instructions for
determining the all-others rate in an investigation, for guidance when
calculating the rate for companies
[[Page 67017]]
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross owned with a mandatory respondent: (1) Ningbo Dingtuo
Imp. & Exp. Co., Ltd.; (2) Ningbo Dongxin High-Strength Nut Co., Ltd.;
and (3) Ningbo Jinding Fastening Piece Co., Ltd. For these non-selected
companies, because the rates calculated for the mandatory respondents,
Junyue and Zhongjiang Bolts, were above de minimis and not based
entirely on facts available, we are applying the weighted average of
the net countervailable subsidy rates calculated for the mandatory
respondents, which we calculated using the publicly-ranged sales data
submitted by Junyue and Zhongjiang Bolts.\6\ This methodology to
establish the non-selected subsidy rate is consistent with our practice
with regard to the all-others rate, pursuant to section 705(c)(5)(A)(i)
of the Act.
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010); see also Memorandum, ``Administrative Review of
the Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod
from the People's Republic of China: Calculation of Rate for
Respondents Not Selected for Individual Examination,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated the
following net countervailable subsidy rates for the period July 29,
2019, through December 31, 2020:
------------------------------------------------------------------------
Subsidy rate-- Subsidy rate--
2019 (percent 2020 (percent
Company ad valorem) ad valorem)
------------------------------------------------------------------------
Ningbo Zhongjiang High Strength Bolts 6.42 5.64
Co., Ltd \1\...........................
Zhejiang Junyue Standard Part Co., Ltd 5.09 5.79
\2\....................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Ningbo Dingtuo Imp. & Exp. Co., Ltd..... 5.94 5.69
Ningbo Dongxin High-Strength Nut Co., 5.94 5.69
Ltd....................................
Ningbo Jinding Fastening Piece Co., Ltd. 5.94 5.69
------------------------------------------------------------------------
\1\ In the original investigation, Commerce found Ningbo Zhongmin Metal
Product Co., Ltd., to be cross-owned with Ningbo Zhongjiang High
Strength Bolts Co., Ltd. See 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), and
accompanying PDM, at 28, unchanged in Carbon and Alloy Steel Threaded
Rod from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 85 FR 8833 (February 18, 2020). As
the facts have not changed in this review, we continue to find Ningbo
Zhongmin Metal Product Co., Ltd., to be cross-owned with Ningbo
Zhongjiang High Strength Bolts Co., Ltd. See also Preliminary Results
PDM.
\2\ As discussed in the Preliminary Results PDM, Commerce finds the
following companies to be cross-owned with Zhejiang Junyue Standard
Part Co., Ltd.: Jiaxing Chengyue Trading Co., Ltd.; and Haiyan County
Brothers Paper Industry Co., Ltd.
Disclosure
We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days after public announcement of the final results or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise covered by this review. We intend to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of these final results of review. If a timely
summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of the
final results of review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing the final results of review in
accordance
[[Page 67018]]
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: November 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Non-Selected Companies Under Review
VI. Subsidies Valuation Information
VII. Interest Rates, Discount Rates, and Benchmarks
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program
Comment 2: Wire Rod and Steel Bar Benchmarks Calculation
Comment 3: Ocean Freight Benchmark Calculation
Comment 4: Whether Haiyan County Brothers Paper Industry Co.,
Ltd. (Brother Paper) Is Cross-Owned With Junyue
Comment 5: Whether Commerce Should Countervail Certain of
Junyue's Purchases of Electricity
Comment 6: Whether Commerce Should Revise Its Calculation of
Junyue's Benefits for Policy Loans and Discount Notes
Comment 7: Whether Commerce Should Revise Its Calculation of
Zhongjiang Bolts Benefits for Policy Loans
Comment 8: Whether Commerce Should Revise Its Calculation of the
Subsidy Rate for Certain ``Other Subsidies''
Comment 9: Whether Commerce Should Revise Its Calculation of
Zhongjiang Bolts' Subsidy Rate for Outbound Ocean Freight Rates for
Less Than Adequate Remuneration (LTAR)
XI. Recommendation
[FR Doc. 2022-24213 Filed 11-4-22; 8:45 am]
BILLING CODE 3510-DS-P