Carbon and Alloy Steel Threaded Rod From India: Preliminary Results of Antidumping Duty Administrative Review, 2021-2022, 28502-28505 [2023-09424]
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
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sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.12 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.13 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.14
For the company which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by NSC, or the non-examined
companies for which the producer did
not know that its merchandise was
destined for the United States, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.15
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1)
the cash deposit rates for the companies
listed in these final results will be equal
to the weighted-average dumping
margins established in the final results
of this review; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment in
which the company was reviewed; (3) if
the exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
12 Id.
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.58 percent,16 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to 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
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h) and 351.221(b)(5) of
Commerce’s regulations.
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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. Discussion of the Issues
Comment 1: Whether Commerce Should
Deduct Section 232 Duties From U.S.
Price
Comment 2: Whether Commerce Erred in
Applying its Differential Pricing
Analysis
Comment 3: Whether Commerce Should
Include Certain U.S. and Home Market
13 Id.
14 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 For
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16 See Certain Hot-Rolled Steel Flat Products from
Japan: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, 81 FR 53409 (August 12,
2016).
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Sales in its Calculation of NSC’s
Dumping Margin
Comment 4: Whether Commerce Should
Include Certain U.S. Revenue Fields for
Certain Extra Services in Calculating
NSC’s Dumping Margin
Comment 5: Whether NSC’s Fees Paid to
Unaffiliated Trading Companies Should
Be Treated as Commissions
Comment 6: Whether Commerce Should
Calculate a Company Specific AD
Assessment Rate for Tokyo Steel
VI. Recommendation
[FR Doc. 2023–09508 Filed 5–3–23; 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: Preliminary Results of
Antidumping Duty Administrative
Review, 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that carbon and alloy steel
threaded rod (steel threaded rod) from
India was sold in the United States at
below normal value. The period of
review (POR) is April 1, 2021, through
March 31, 2022. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT:
Nicolas Mayora or Samuel Frost, 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) 482–3053 or (202) 482–8180,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 9, 2020, Commerce
published in the Federal Register an
antidumping duty order on steel
threaded rod from India.1 On April 1,
2022, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On June 9, 2022, based on
1 See Carbon and Alloy Steel Threaded Rod from
India: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
85 FR 19925 (April 9, 2020) (Order).
2 See Antidumping and Countervailing Duty
Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review and
Join Annual Inquiry Service List, 87 FR 19075
(April 1, 2022).
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
timely requests for an administrative
review, Commerce initiated the
administrative review of 114
companies.3 On August 2, 2022,
Commerce selected Kanika and RKF as
mandatory respondents for individual
examination.4
On December 16, 2022, Commerce
extended the time limit for completing
the preliminary results of this review
until April 28, 2023.5 For a complete
description of the events between the
initiation of this review and these
preliminary results, see the Preliminary
Decision Memorandum.6
Scope of the Order
The merchandise covered by the
scope of this Order is carbon and alloy
steel threaded rod. A complete
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.7
Methodology
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Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated export price in
accordance with section 772(a) of the
Act. Normal value (NV) is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. See appendix I
for a complete list of topics discussed in
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022) (Initiation Notice), as corrected
by Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 87 FR 48459 (August
9, 2022).
4 See Memorandum, ‘‘Respondent Selection,’’
dated August 2, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated
December 16, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Carbon and Alloy Steel
Threaded Rod from India; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 Id. at ‘‘Scope of the Order.’’
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Rate for Non-Examined Companies
The Act 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 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘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 {on the
basis of facts available}.’’
Where the dumping margin for
individually examined respondents are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
In this review, we have preliminarily
calculated a weighted-average dumping
margin of 2.37 percent for RKF and zero
percent for Kanika. Therefore, in
accordance with section 735(c)(5)(A) of
the Act, we are preliminarily applying
RKF’s weighted average dumping
margin of 2.37 percent to the nonexamined companies (see Appendix II
for a full list of these companies),
because this is the only rate that is not
zero, de minimis, or based entirely on
facts available.
Preliminary Results of the Review
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist during
the period April 1, 2021, through March
31, 2022:
Exporter/producer
Kanika Exports ...........................
R K Fasteners (India) .................
Non-Examined Companies 8 ......
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Estimated
weightedaverage
dumping
margin
(percent)
0.00
2.37
2.37
28503
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed for these preliminary results
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the date for
filing case briefs.9 Commerce modified
certain of its requirements for servicing
documents containing business
proprietary information until further
notice.10 Parties who submit case briefs
or rebuttal briefs in this proceeding 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.11 Note that
Commerce has temporarily modified
certain portions of its requirements for
serving documents containing business
proprietary information, until further
notice.12
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, filed electronically via
ACCESS within 30 days of the date of
publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. An
electronically-filed hearing request must
be received successfully in its entirety
by ACCESS by 5:00 p.m. Eastern Time
on the established deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in the case briefs, no later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act, unless
otherwise extended.
Assessment Rates
Upon issuance of the final results of
this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
8 See
appendix II for a list of these companies.
19 CFR 351.309(d).
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
11 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
12 See Temporary Rule.
9 See
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antidumping duties on all appropriate
entries covered by this review.13 If a
respondent’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, we will calculate
importer-specific assessment rates based
on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We intend to
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. Where an importerspecific assessment rate is zero or de
minimis in the final results of this
review, we intend to instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.14
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Kanika or RKF for
which these companies did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate those entries at the allothers rate established in the original
less-than-fair-value (LTFV)
investigation,15 if there is no rate for the
intermediate company(ies) involved in
the transaction.16 For the companies
which were not selected for individual
review, we will assign an assessment
rate based on the review-specific
average rate, calculated as noted in the
‘‘Preliminary Results of Review’’ section
above.
We intend to issue instructions to
CBP no earlier than 35 days after the
publication date of the final results of
this review in the Federal Register. 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).
13 See
19 CFR 351.212(b)(1).
section 751(a)(2)(C) of the Act.
15 See Order, 85 FR at 19926.
16 For a full description of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 See
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Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the companies listed in
the final results of this review will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, or the original investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently-completed segment of this
proceeding for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 0.00 percent, the allothers rate established in the LTFV
investigation as adjusted for the exportsubsidy rate in the companion
countervailing duty investigation.17 The
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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 duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
17 See
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Order, 85 FR at 19926.
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Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
List of Companies Not Individually
Examined
1. A H Enterprises
2. Aadi Shree Fastener Industries
3. Aanjaney Micro Engy Pvt., Ltd.
4. Accurate Steel Forgings (I) Ltd.
5. Alps Industries Ltd.
6. Apex Thermocon Pvt., Ltd.
7. Ash Hammer Union
8. Astrotech Steels Pvt., Ltd.
9. Atlantic Container Line Pvt., Ltd.
10. Ats Exp. 07
11. Atz Shipping Trade & Transport Pvt.
12. BA Metal Processing
13. Babu Exports
14. Bee Dee Cycle Industries
15. Bhansali Inc.
16. Boston Exp. & Engineering Co.
17. C.H.Robinson International (India)
18. C.P.World Lines Pvt., Ltd.
19. Century Distribution Systems Inc.
20. Charu Enterprises
21. Chirag International
22. Daksh Fasteners
23. Dedicated Imp. & Exp. Co.
24. Dhiraj Alloy & Stainless Steel
25. Dsv Air and Sea Pvt., Ltd.
26. Eastman Industries Ltd.
27. Eos Precision
28. ESL Steel Ltd.
29. Everest Exp.
30. Everest Industrial Corporation
31. Farmparts Company
32. Fence Fixings
33. Fine Thread Form Industries
34. Galorekart Marketplace Pvt., Ltd.
35. Ganga Acrowools Ltd.
36. Ganpati Fastners Pvt., Ltd.
37. Gateway Engineering Solution
38. GDPA Fasteners
39. Gee Pee Overseas
40. Geodis India Pvt., Ltd. (Indel)
41. Goodgood Manufacturers
42. Idea Fasteners Pvt., Ltd.
43. Jindal Steel And Power Ltd.
44. JSW Steel Ltd.
45. Kanchan Trading Co.
46. Kanhaiya Lal Tandoor (P) Ltd.
47. Kapson India
48. Kapurthala Industrial Corporation
49. Karna International
50. Kei Industries Ltd.
51. King Exports
52. Kintetsu World Express In
53. Kova Fasteners Pvt., Ltd.
54. Linit Exp. Pvt., Ltd.
55. Mahajan Brothers
56. Maharaja International
57. Mangal Steel Enterprises Ltd.
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
58. Maya Enterprises
59. Meenakshi India, Ltd.
60. Metalink
61. MKA Engineers And Exporters Pvt., Ltd.
62. National Cutting Tools
63. Nishant Steel Industries
64. NJ Sourcing
65. Noahs Ark International Exp.
66. Nuovo Fastenings Pvt., Ltd.
67. Oia Global India Pvt., Ltd.
68. Otsusa India Pvt., Ltd.
69. Paloma Turning Co. Pvt., Ltd.
70. Patton International Ltd.
71. Perfect Tools & Forgings
72. Permali Wallace Pvt., Ltd.
73. Polycab India Ltd.
74. Pommada Hindustan Pvt., Ltd.
75. Poona Forge Pvt., Ltd.
76. Psl Pipe & Fittings Co.
77. R A Exp.
78. Raajratna Ventures Ltd.
79. Raashika Industries Pvt., Ltd.
80. Rajpan Group
81. Rambal Ltd.
82. Randack Fasteners India Pvt., Ltd.
83. Ratnveer Metals Ltd.
84. Rimjhim Ispat Ltd.
85. Rods & Fixing Fasteners
86. S K Overseas
87. S.M Forgings & Engineering
88. Sandip Brass Industries
89. Sandiya Exp. Pvt., Ltd.
90. Sansera Engineering Pvt., Ltd.
91. Shree Luxmi Fasteners
92. Silverline Metal Engineering Pvt. Ltd.
93. Singhania International Ltd.
94. Sri Satya Sai Enterprises
95. Steampulse Global Llp
96. Steel Authority Of India Ltd.
97. Suchi Fasteners Pvt., Ltd.
98. Supercon Metals Pvt., Ltd.
99. Tekstar Pvt., Ltd.
100. The Technocrats Co.
101. Tijiya Exp. Pvt., Ltd.
102. Tijiya Steel Pvt., Ltd.
103. Tong Heer Fasteners
104. Trans Tool Pvt., Ltd.
105. Universal Engineering and Fabricat
106. V.J Industries Pvt., Ltd.
107. Vidushi Wires Pvt., Ltd.
108. Vrl Automation
109. VV Marine Pvt., Ltd.
110. Yogendra International
111. Zenith Steel Pipes And Industries L
112. Zenith Precision Pvt., Ltd.
[FR Doc. 2023–09424 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[C–821–825]
Phosphate Fertilizers From the
Russian Federation: Preliminary
Results and Partial Rescission of the
Countervailing Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
AGENCY:
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The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of phosphate
fertilizers from the Russian Federation
(Russia). The period of review (POR) is
November 30, 2020, through December
31, 2021.
SUMMARY:
DATES:
Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6241 and (202) 482–4868,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2022, Commerce published
a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on
phosphate fertilizers from Russia.1 On
November 30, 2022, Commerce
extended the deadline for the
preliminary results of this review until
April 28, 2023.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx/.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
2 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2020–2021
Countervailing Duty Administrative Review,’’ dated
November 30, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review;
2020–2021: Phosphate Fertilizers from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the order
is phosphate fertilizers. For a complete
description of the scope of the order, see
the Preliminary Decision Memorandum.
Rescission of Administrative Review, in
Part
On July 22, 2022, Commerce notified
interested parties that we intended to
rescind this administrative review with
respect to Industrial Group Phosphorite
LLC because it did not have reviewable
entries of subject merchandise during
the POR for which liquidation is
suspended.4 No parties commented on
the notification of intent to rescind the
review, in part. Therefore, we determine
that there were no reviewable
suspended entries of subject
merchandise during the POR for
Industrial Group Phosphorite LLC. As a
result of our finding, we are rescinding
this review, in part, pursuant to 19 CFR
351.213(d)(3) with respect to Industrial
Group Phosphorite LLC. For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found to be countervailable,
we preliminarily determine that there is
a subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.5 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rate for the
period November 30, 2020, through
December 31, 2021:
4 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated July 22, 2022.
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\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28502-28505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09424]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-887]
Carbon and Alloy Steel Threaded Rod From India: Preliminary
Results of Antidumping Duty Administrative Review, 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that carbon and alloy steel threaded rod (steel threaded
rod) from India was sold in the United States at below normal value.
The period of review (POR) is April 1, 2021, through March 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora or Samuel Frost, 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) 482-3053 or (202) 482-8180,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2020, Commerce published in the Federal Register an
antidumping duty order on steel threaded rod from India.\1\ On April 1,
2022, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On June 9, 2022,
based on
[[Page 28503]]
timely requests for an administrative review, Commerce initiated the
administrative review of 114 companies.\3\ On August 2, 2022, Commerce
selected Kanika and RKF as mandatory respondents for individual
examination.\4\
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\1\ See Carbon and Alloy Steel Threaded Rod from India: Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 85 FR 19925 (April 9, 2020) (Order).
\2\ See Antidumping and Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 19075 (April 1,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation
Notice), as corrected by Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9,
2022).
\4\ See Memorandum, ``Respondent Selection,'' dated August 2,
2022.
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On December 16, 2022, Commerce extended the time limit for
completing the preliminary results of this review until April 28,
2023.\5\ For a complete description of the events between the
initiation of this review and these preliminary results, see the
Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated December 16, 2022.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Carbon and
Alloy Steel Threaded Rod from India; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the scope of this Order is carbon and
alloy steel threaded rod. A complete description of the scope of the
Order is contained in the Preliminary Decision Memorandum.\7\
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\7\ Id. at ``Scope of the Order.''
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price in accordance with section 772(a) of the Act. Normal value
(NV) is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying these preliminary
results, see the Preliminary Decision Memorandum. See appendix I for a
complete list of topics discussed in the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public 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 Preliminary
Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The Act 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
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``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 {on the basis of facts available{time} .''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we have preliminarily calculated a weighted-average
dumping margin of 2.37 percent for RKF and zero percent for Kanika.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we are
preliminarily applying RKF's weighted average dumping margin of 2.37
percent to the non-examined companies (see Appendix II for a full list
of these companies), because this is the only rate that is not zero, de
minimis, or based entirely on facts available.
Preliminary Results of the Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period April 1, 2021,
through March 31, 2022:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Kanika Exports.............................................. 0.00
R K Fasteners (India)....................................... 2.37
Non-Examined Companies \8\.................................. 2.37
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Disclosure and Public Comment
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\8\ See appendix II for a list of these companies.
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Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the date for filing case
briefs.\9\ Commerce modified certain of its requirements for servicing
documents containing business proprietary information until further
notice.\10\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\11\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.309(d).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule).
\11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\12\ See Temporary Rule.
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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, filed
electronically via ACCESS within 30 days of the date of publication of
this notice. Requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. An electronically-filed hearing request
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in the
case briefs, no later than 120 days after the date of publication of
this notice, pursuant to section 751(a)(3)(A) of the Act, unless
otherwise extended.
Assessment Rates
Upon issuance of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess,
[[Page 28504]]
antidumping duties on all appropriate entries covered by this
review.\13\ If a respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific assessment rates
based on the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate calculated in
the final results of this review is not zero or de minimis. Where an
importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Kanika or
RKF for which these companies did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation,\15\ if there is no rate for the
intermediate company(ies) involved in the transaction.\16\ For the
companies which were not selected for individual review, we will assign
an assessment rate based on the review-specific average rate,
calculated as noted in the ``Preliminary Results of Review'' section
above.
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\15\ See Order, 85 FR at 19926.
\16\ For a full description of this practice, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP no earlier than 35 days
after the publication date of the final results of this review in the
Federal Register. 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 Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
this administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the companies listed in the final results
of this review will be equal to the weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review, or the original investigation, but the producer is, then the
cash deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 0.00 percent, the all-others rate
established in the LTFV investigation as adjusted for the export-
subsidy rate in the companion countervailing duty investigation.\17\
The cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\17\ See Order, 85 FR at 19926.
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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 duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
List of Companies Not Individually Examined
1. A H Enterprises
2. Aadi Shree Fastener Industries
3. Aanjaney Micro Engy Pvt., Ltd.
4. Accurate Steel Forgings (I) Ltd.
5. Alps Industries Ltd.
6. Apex Thermocon Pvt., Ltd.
7. Ash Hammer Union
8. Astrotech Steels Pvt., Ltd.
9. Atlantic Container Line Pvt., Ltd.
10. Ats Exp. 07
11. Atz Shipping Trade & Transport Pvt.
12. BA Metal Processing
13. Babu Exports
14. Bee Dee Cycle Industries
15. Bhansali Inc.
16. Boston Exp. & Engineering Co.
17. C.H.Robinson International (India)
18. C.P.World Lines Pvt., Ltd.
19. Century Distribution Systems Inc.
20. Charu Enterprises
21. Chirag International
22. Daksh Fasteners
23. Dedicated Imp. & Exp. Co.
24. Dhiraj Alloy & Stainless Steel
25. Dsv Air and Sea Pvt., Ltd.
26. Eastman Industries Ltd.
27. Eos Precision
28. ESL Steel Ltd.
29. Everest Exp.
30. Everest Industrial Corporation
31. Farmparts Company
32. Fence Fixings
33. Fine Thread Form Industries
34. Galorekart Marketplace Pvt., Ltd.
35. Ganga Acrowools Ltd.
36. Ganpati Fastners Pvt., Ltd.
37. Gateway Engineering Solution
38. GDPA Fasteners
39. Gee Pee Overseas
40. Geodis India Pvt., Ltd. (Indel)
41. Goodgood Manufacturers
42. Idea Fasteners Pvt., Ltd.
43. Jindal Steel And Power Ltd.
44. JSW Steel Ltd.
45. Kanchan Trading Co.
46. Kanhaiya Lal Tandoor (P) Ltd.
47. Kapson India
48. Kapurthala Industrial Corporation
49. Karna International
50. Kei Industries Ltd.
51. King Exports
52. Kintetsu World Express In
53. Kova Fasteners Pvt., Ltd.
54. Linit Exp. Pvt., Ltd.
55. Mahajan Brothers
56. Maharaja International
57. Mangal Steel Enterprises Ltd.
[[Page 28505]]
58. Maya Enterprises
59. Meenakshi India, Ltd.
60. Metalink
61. MKA Engineers And Exporters Pvt., Ltd.
62. National Cutting Tools
63. Nishant Steel Industries
64. NJ Sourcing
65. Noahs Ark International Exp.
66. Nuovo Fastenings Pvt., Ltd.
67. Oia Global India Pvt., Ltd.
68. Otsusa India Pvt., Ltd.
69. Paloma Turning Co. Pvt., Ltd.
70. Patton International Ltd.
71. Perfect Tools & Forgings
72. Permali Wallace Pvt., Ltd.
73. Polycab India Ltd.
74. Pommada Hindustan Pvt., Ltd.
75. Poona Forge Pvt., Ltd.
76. Psl Pipe & Fittings Co.
77. R A Exp.
78. Raajratna Ventures Ltd.
79. Raashika Industries Pvt., Ltd.
80. Rajpan Group
81. Rambal Ltd.
82. Randack Fasteners India Pvt., Ltd.
83. Ratnveer Metals Ltd.
84. Rimjhim Ispat Ltd.
85. Rods & Fixing Fasteners
86. S K Overseas
87. S.M Forgings & Engineering
88. Sandip Brass Industries
89. Sandiya Exp. Pvt., Ltd.
90. Sansera Engineering Pvt., Ltd.
91. Shree Luxmi Fasteners
92. Silverline Metal Engineering Pvt. Ltd.
93. Singhania International Ltd.
94. Sri Satya Sai Enterprises
95. Steampulse Global Llp
96. Steel Authority Of India Ltd.
97. Suchi Fasteners Pvt., Ltd.
98. Supercon Metals Pvt., Ltd.
99. Tekstar Pvt., Ltd.
100. The Technocrats Co.
101. Tijiya Exp. Pvt., Ltd.
102. Tijiya Steel Pvt., Ltd.
103. Tong Heer Fasteners
104. Trans Tool Pvt., Ltd.
105. Universal Engineering and Fabricat
106. V.J Industries Pvt., Ltd.
107. Vidushi Wires Pvt., Ltd.
108. Vrl Automation
109. VV Marine Pvt., Ltd.
110. Yogendra International
111. Zenith Steel Pipes And Industries L
112. Zenith Precision Pvt., Ltd.
[FR Doc. 2023-09424 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
