Alloy and Certain Carbon Steel Threaded Rod From the People's Republic of China; Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Initiation of Circumvention Inquiries on the Antidumping Duty Order and Countervailing Duty Order, 44277-44279 [2023-14804]
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44277
Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
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Weight to Width Ratio Tool Cabinets
lotter on DSK11XQN23PROD with NOTICES1
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Also excluded from the scope of the Order
are service carts. The excluded service carts
have all of the following characteristics:
(1) casters, wheels, or other similar devices
which allow the service cart to be rolled from
place to place;
(2) an open top for storage, a flat top, or
a flat lid on top of the unit that opens;
(3) a space or gap between the casters,
wheels, or other similar devices, and the
bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of
less than 48 inches.
Also excluded from the scope of the Order
are non-mobile work benches. The excluded
non-mobile work benches have all of the
following characteristics:
(1) a solid top working surface;
(2) no drawers, one drawer, or two drawers
in a side-by-side configuration; and
(3) the unit is supported by legs and has
no solid front, side, or back panels enclosing
the body of the unit.
Also excluded from the scope of the Order
are metal filing cabinets that are configured
to hold hanging file folders and are classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
9403.10.0020.
Merchandise subject to the Order is
classified under HTSUS categories
9403.20.0021, 9403.20.0026, 9403.20.0030
and 7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500. While
HTSUS subheadings are provided for
VerDate Sep<11>2014
17:29 Jul 11, 2023
Jkt 259001
convenience and Customs purposes, the
written description of the scope of the Order
is dispositive.
[FR Doc. 2023–14756 Filed 7–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–104, C–570–105]
Alloy and Certain Carbon Steel
Threaded Rod From the People’s
Republic of China; Carbon and Alloy
Steel Threaded Rod From the People’s
Republic of China: Initiation of
Circumvention Inquiries on the
Antidumping Duty Order and
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Vulcan Threaded Products Inc.
(Vulcan), the U.S. Department of
Commerce (Commerce) is initiating
country-wide circumvention inquiries
to determine whether steel threaded
rod, made from alloy steel, that is
produced in the United States from
unthreaded pins imported from the
AGENCY:
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People’s Republic of China (China) is
circumventing the antidumping duty
(AD) order on alloy and certain carbon
steel threaded rod from China and the
countervailing duty (CVD) order on
carbon and alloy steel threaded rod from
China.
DATES:
Applicable July 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci; AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2923.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2023, pursuant to section
781(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.226(c), Vulcan filed a request for
circumvention inquiries 1 alleging that
steel threaded rod completed in the
United States using unthreaded pins
imported from China was circumventing
the AD and CVD orders on steel
1 See Vulcan’s Letter, ‘‘Request for Circumvention
Inquiry,’’ dated May 22, 2023 (Circumvention
Request).
E:\FR\FM\12JYN1.SGM
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Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
threaded rod from China.2 On June 14,
2023, we issued a supplemental
questionnaire to Vulcan,3 and we
extended the time period for
determining whether to initiate
circumvention inquiries by 15 days,
until July 6, 2023.4
On June 15, 2023, Commerce received
a submission from Birmingham Fastener
Inc. and Dan-Loc Group LLC, importers
and U.S. producers of steel threaded
rod, opposing initiation of
circumvention inquiries.5 On June 22,
2023, Vulcan responded to Commerce’s
questionnaire.6
Scope of the Orders
The merchandise covered by these
orders is alloy and carbon steel threaded
rod from China. A full description of the
scope of the orders is provided in the
Initiation Checklists.7
Merchandise Subject to the
Circumvention Inquiries
These circumvention inquiries cover
steel threaded rod, made from alloy
steel, completed in the United States
using unthreaded pins imported from
China.
lotter on DSK11XQN23PROD with NOTICES1
Initiation of Circumvention Inquiries
Section 351.226(d) of Commerce’s
regulations states that, if Commerce
determines that a request for a
circumvention inquiry satisfies the
requirements of 19 CFR 351.226(c), then
Commerce ‘‘will accept the request and
initiate a circumvention inquiry.’’
Section 351.226(c)(1) of Commerce’s
regulations, in turn, requires that each
request for a circumvention inquiry
allege ‘‘that the elements necessary for
2 Vulcan’s Circumvention Request related to three
separate orders: (1) Certain Steel Threaded Rod
from the People’s Republic of China: Notice of
Antidumping Duty Order, 74 FR 17154 (April 14,
2009) (2009 AD Order); (2) Alloy and Certain
Carbon Steel Threaded Rod From the People’s
Republic of China: Antidumping Duty Order, 85 FR
19929 (April 9, 2020) (2020 AD Order); and (3)
Carbon and Alloy Steel Threaded Rod From India
and the People’s Republic of China: Countervailing
Duty Orders, 85 FR 19927 (April 9, 2020) (2020
CVD Order).
3 See Commerce’s Letter, ‘‘Request for
Circumvention Inquiries—Supplemental
Questionnaire,’’ dated June 14, 2023.
4 See Memorandum, ‘‘Extension of Time to
Determine Whether to Initiate Circumvention
Inquiries,’’ dated June 14, 2023.
5 See Birmingham/Dan-Loc’s Letter, ‘‘Opposition
to Request for Circumvention Inquiry,’’ dated June
14, 2023.
6 See Vulcan’s Letter, ‘‘Response to Supplemental
Questionnaire,’’ dated June 22, 2023 (Vulcan June
22, 2023 SQR).
7 See Initiation Checklists, ‘‘Circumvention
Initiation Checklist,’’ dated concurrently with, and
hereby adopted by, this notice (AD Checklist—2020
Order), at Attachment I; and ‘‘Circumvention
Initiation Checklist,’’ dated concurrently with, and
hereby adopted by, this notice (CVD Checklist—
2020 Order), at Attachment I.
VerDate Sep<11>2014
17:29 Jul 11, 2023
Jkt 259001
a circumvention determination under
section 781 of the Act exist’’ and be
‘‘accompanied by information
reasonably available to the interested
party supporting these allegations.’’
Vulcan alleges circumvention pursuant
to section 781(a) of the Act
(merchandise completed or assembled
in the United States).
Section 781(a)(1) of the Act provides
that Commerce may find circumvention
of an order when merchandise of the
same class or kind subject to the order
is completed or assembled in the United
States from parts or components
produced in the country subject to the
order. In conducting a circumvention
inquiry under section 781(a)(1) of the
Act, Commerce relies on the following
criteria: (A) merchandise sold in the
United States is of the same class or
kind as any merchandise that is the
subject of an AD or CVD order; (B) such
merchandise sold in the United States is
completed or assembled in the United
States from parts or components
produced in the foreign country with
respect to which such order applies; (C)
the process of assembly or completion
in the United States is minor or
insignificant; and (D) the value of the
parts or components referred to in
subparagraph (B) is a significant portion
of the total value of the merchandise.
No single factor, by itself, controls
Commerce’s determination of whether
the process of assembly or completion
in the United States is minor or
insignificant within the meaning of
781(a) of the Act.8 Accordingly, it is
Commerce’s practice to evaluate each of
the five criteria specified therein, and to
reach an affirmative or negative
circumvention determination based on
the totality of the circumstances of the
particular circumvention inquiry.9
Furthermore, section 781(a)(3) of the
Act sets forth additional factors to
consider in determining whether to
include merchandise assembled or
completed in the United States within
the scope of an AD or CVD order.
Specifically, Commerce shall take into
account such factors as: (A) the pattern
of trade, including sourcing patterns; (B)
whether the manufacturer or exporter of
the parts or components is affiliated
8 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. No. 103–316, Vol. 1 (1994), at 893.
9 See, e.g., Hydrofluorocarbon Blends from the
People’s Republic of China: Final Negative Scope
Ruling on Gujarat Fluorochemicals Ltd.’s R–410A
Blend; Affirmative Final Determination of
Circumvention of the Antidumping Duty Order by
Indian Blends Containing CCC Components, 85 FR
61930 (October 1, 2020), and accompanying Issues
and Decision Memorandum at 20 (specifying the
applicable standard in the context of an inquiry
under section 781(b) of the Act).
PO 00000
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Fmt 4703
Sfmt 4703
with the entity that assembles or
completes the merchandise sold in the
United States from the parts or
components produced in the foreign
country to which the order applies; and
(C) whether imports into the United
States of the parts or components
produced in such foreign country have
increased after the initiation of the
investigation that resulted in the
issuance of such order. As discussed
below, Vulcan provided allegations and
supporting evidence with respect to the
above-refenced criteria as they relate to
products within the 2020 AD Order and
the 2020 CVD Order.
Analysis
Based on our analysis 10 of Vulcan’s
request for circumvention inquiries, we
determine that Vulcan satisfied the
criteria set forth by 19 CFR 351.226(c)
with respect to the certain products
within the 2020 AD Order (i.e., A–570–
104, covering alloy and certain carbon
steel threaded rod from China) and the
2020 CVD Order (i.e., C–570–105,
covering carbon and alloy steel threaded
rod from China). Vulcan did not provide
evidence in support of its allegation as
it relates to carbon-quality steel
products; therefore, Vulcan’s request
did not meet the requirements set forth
by 19 CFR 351.226(c) with respect to the
2009 AD Order (i.e., A–570–932, which
covers carbon quality steel threaded rod
from China),11 or the carbon steel
threaded rod contained in the 2020 AD
Order and the 2020 CVD Order.
Accordingly, pursuant to 19 CFR
351.226(d)(1)(ii), we have accepted
Vulcan’s request with respect to the
alloy products covered by the 2020 AD
Order and the 2020 CVD Order and are
initiating circumvention inquiries for
these orders with respect to alloy steel
threaded rod. For a full discussion of
the basis for our decision to initiate
these circumvention inquiries, see
Initiation Checklists.
Furthermore, pursuant to 19 CFR
351.226(c)(2)(iii) and (v), Vulcan
asserted that the company-specific
information underlying its allegation
was likely representative of the broader
universe of circumvention. Accordingly,
Vulcan stated that it is appropriate to
conduct these inquiries on a countrywide basis; the company identified prior
instances where Commerce considered
10 See generally AD Checklist—2020 Order; and
CVD Checklist—2020 Order; see also Commerce’s
Letter, ‘‘Rejection of Circumvention Request,’’ dated
July 6, 2023.
11 See Vulcan June 22, 2023 SQR at 2 (‘‘Vulcan
is not aware of any publicly available information
indicating that circumvention is currently occurring
with respect to the antidumping duty order on
carbon steel threaded rod from China (A–570–
932).’’).
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Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
allegations to be generally applicable
(rather than company-specific), and also
alleged that there was the potential for
unaddressed evasion absent countrywide inquiries.12 Based on these
considerations, Commerce is initiating
these circumvention inquiries on a
country-wide basis.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce will notify U.S. Customs and
Border Protection (CBP) of the initiation
of circumvention inquiries and will
direct CBP to continue the suspension
of liquidation of entries of products
subject to these circumvention inquiries
that were already subject to the
suspension of liquidation under the
orders and to apply the cash deposit rate
that would be applicable if the products
were determined to be covered by the
applicable scope. Should Commerce
issue affirmative preliminary or final
circumvention determinations,
Commerce will follow the suspension of
liquidation rules under 19 CFR
351.226(l)(2)–(4).
Notification to Interested Parties
In accordance with 19 CFR 351.226(d)
and section 781(a) of the Act, Commerce
determines that Vulcan’s request for
circumvention inquiries relating to the
2020 AD Order and the 2020 CVD Order
satisfies the requirements of 19 CFR
351.226(c). Accordingly, Commerce is
notifying all interested parties of the
initiation of these circumvention
inquiries to determine whether alloy
steel threaded rod produced in the
United States from unthreaded pins
imported from China is circumventing
these orders.
Additionally, we are hereby providing
interested parties with an opportunity to
comment on any additional entities—
i.e., importers, exporters, producers—
that are involved in the supply, sale, or
production related to alloy steel
threaded rod completed in the United
States using unthreaded pins imported
from China. Comments on the identity
of such entities are due within seven
days of publication of this notice in the
Federal Register.
We have included a description of the
products that are subject to these
inquiries and an explanation of
Commerce’s decision to initiate in the
accompanying Initiation Checklists.13 In
accordance with 19 CFR 351.226(e)(1),
Commerce intends to issue its
preliminary circumvention
determinations no later than 150 days
from the date of publication of the
notice of initiation of these
circumvention inquiries in the Federal
Register.
This notice is published in
accordance with section 781(a) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: July 6, 2023,
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–14804 Filed 7–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD145]
Endangered and Threatened Species;
Take of Abalone
Atmospheric Administration (NOAA),
Commerce.
Notice; Issuance of a scientific
research and enhancement permit.
ACTION:
Notice is hereby given that
NMFS has renewed a scientific research
and enhancement permit (Permit
14344–3R) issued to the University of
California, Davis, under the Endangered
Species Act (ESA). The research and
enhancement activities are intended to
support the recovery of white abalone
listed under the Endangered Species Act
(ESA) and inform management,
conservation, and recovery efforts.
SUMMARY:
The permits and related
documents are available for review
upon written request via email to
nmfs.wcr-apps@noaa.gov. Please
include the permit number (14344–3R)
in the subject line of the email.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Susan Wang, Long Beach, California,
Phone: 562–980–4199, email:
Susan.Wang@noaa.gov.
Notice
was published in the Federal Register
on January 18, 2023, that a permit
renewal request had been submitted by
the University of California, Davis. To
locate the Federal Register notice that
announced our receipt of the
application and a complete description
of the research, go to
www.federalregister.gov and search for
the permit number and Federal Register
notice information provided in the table
below.
SUPPLEMENTARY INFORMATION:
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
TABLE 1—ISSUED PERMITS
Permit No.
lotter on DSK11XQN23PROD with NOTICES1
14344–3R ......
RTID
0648–XC679
University of California, Davis—1850 Research Park
Drive, Suite 300, Davis, CA 95618 (Responsible Party:
Alyssa Frederick).
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), NMFS determined
that the activities proposed are
categorically excluded from the
requirement to prepare an
environmental assessment or
environmental impact statement.
12 See
Circumvention Request at 27.
VerDate Sep<11>2014
17:29 Jul 11, 2023
Previous Federal Register
notice
Applicant
Jkt 259001
Authority
Scientific research permits are issued
in accordance with section 10(a)(1)(A)
of the ESA (16 U.S.C. 1531 et seq.) and
regulations governing listed fish and
wildlife permits (50 CFR 222–226).
NMFS issues permits based on finding
that such permits: (1) are applied for in
good faith; (2) if granted and exercised,
88 FR 2889, January 18,
2023.
Frm 00030
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Sfmt 4703
June 27, 2023.
would not operate to the disadvantage
of the listed species that are the subject
of the permit; and (3) are consistent
with the purposes and policy of section
2 of the ESA. The authority to take
listed species is subject to conditions set
forth in the permits.
13 See generally AD Checklist—2020 Order; and
CVD Checklist—2020 Order.
PO 00000
Issuance date
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]]>Agencies
[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44277-44279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14804]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-104, C-570-105]
Alloy and Certain Carbon Steel Threaded Rod From the People's
Republic of China; Carbon and Alloy Steel Threaded Rod From the
People's Republic of China: Initiation of Circumvention Inquiries on
the Antidumping Duty Order and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Vulcan Threaded Products Inc.
(Vulcan), the U.S. Department of Commerce (Commerce) is initiating
country-wide circumvention inquiries to determine whether steel
threaded rod, made from alloy steel, that is produced in the United
States from unthreaded pins imported from the People's Republic of
China (China) is circumventing the antidumping duty (AD) order on alloy
and certain carbon steel threaded rod from China and the countervailing
duty (CVD) order on carbon and alloy steel threaded rod from China.
DATES: Applicable July 12, 2023.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2923.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2023, pursuant to section 781(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.226(c), Vulcan filed a
request for circumvention inquiries \1\ alleging that steel threaded
rod completed in the United States using unthreaded pins imported from
China was circumventing the AD and CVD orders on steel
[[Page 44278]]
threaded rod from China.\2\ On June 14, 2023, we issued a supplemental
questionnaire to Vulcan,\3\ and we extended the time period for
determining whether to initiate circumvention inquiries by 15 days,
until July 6, 2023.\4\
---------------------------------------------------------------------------
\1\ See Vulcan's Letter, ``Request for Circumvention Inquiry,''
dated May 22, 2023 (Circumvention Request).
\2\ Vulcan's Circumvention Request related to three separate
orders: (1) Certain Steel Threaded Rod from the People's Republic of
China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14,
2009) (2009 AD Order); (2) Alloy and Certain Carbon Steel Threaded
Rod From the People's Republic of China: Antidumping Duty Order, 85
FR 19929 (April 9, 2020) (2020 AD Order); and (3) Carbon and Alloy
Steel Threaded Rod From India and the People's Republic of China:
Countervailing Duty Orders, 85 FR 19927 (April 9, 2020) (2020 CVD
Order).
\3\ See Commerce's Letter, ``Request for Circumvention
Inquiries--Supplemental Questionnaire,'' dated June 14, 2023.
\4\ See Memorandum, ``Extension of Time to Determine Whether to
Initiate Circumvention Inquiries,'' dated June 14, 2023.
---------------------------------------------------------------------------
On June 15, 2023, Commerce received a submission from Birmingham
Fastener Inc. and Dan-Loc Group LLC, importers and U.S. producers of
steel threaded rod, opposing initiation of circumvention inquiries.\5\
On June 22, 2023, Vulcan responded to Commerce's questionnaire.\6\
---------------------------------------------------------------------------
\5\ See Birmingham/Dan-Loc's Letter, ``Opposition to Request for
Circumvention Inquiry,'' dated June 14, 2023.
\6\ See Vulcan's Letter, ``Response to Supplemental
Questionnaire,'' dated June 22, 2023 (Vulcan June 22, 2023 SQR).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is alloy and carbon steel
threaded rod from China. A full description of the scope of the orders
is provided in the Initiation Checklists.\7\
---------------------------------------------------------------------------
\7\ See Initiation Checklists, ``Circumvention Initiation
Checklist,'' dated concurrently with, and hereby adopted by, this
notice (AD Checklist--2020 Order), at Attachment I; and
``Circumvention Initiation Checklist,'' dated concurrently with, and
hereby adopted by, this notice (CVD Checklist--2020 Order), at
Attachment I.
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiries
These circumvention inquiries cover steel threaded rod, made from
alloy steel, completed in the United States using unthreaded pins
imported from China.
Initiation of Circumvention Inquiries
Section 351.226(d) of Commerce's regulations states that, if
Commerce determines that a request for a circumvention inquiry
satisfies the requirements of 19 CFR 351.226(c), then Commerce ``will
accept the request and initiate a circumvention inquiry.'' Section
351.226(c)(1) of Commerce's regulations, in turn, requires that each
request for a circumvention inquiry allege ``that the elements
necessary for a circumvention determination under section 781 of the
Act exist'' and be ``accompanied by information reasonably available to
the interested party supporting these allegations.'' Vulcan alleges
circumvention pursuant to section 781(a) of the Act (merchandise
completed or assembled in the United States).
Section 781(a)(1) of the Act provides that Commerce may find
circumvention of an order when merchandise of the same class or kind
subject to the order is completed or assembled in the United States
from parts or components produced in the country subject to the order.
In conducting a circumvention inquiry under section 781(a)(1) of the
Act, Commerce relies on the following criteria: (A) merchandise sold in
the United States is of the same class or kind as any merchandise that
is the subject of an AD or CVD order; (B) such merchandise sold in the
United States is completed or assembled in the United States from parts
or components produced in the foreign country with respect to which
such order applies; (C) the process of assembly or completion in the
United States is minor or insignificant; and (D) the value of the parts
or components referred to in subparagraph (B) is a significant portion
of the total value of the merchandise.
No single factor, by itself, controls Commerce's determination of
whether the process of assembly or completion in the United States is
minor or insignificant within the meaning of 781(a) of the Act.\8\
Accordingly, it is Commerce's practice to evaluate each of the five
criteria specified therein, and to reach an affirmative or negative
circumvention determination based on the totality of the circumstances
of the particular circumvention inquiry.\9\
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\8\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. No. 103-316, Vol. 1 (1994),
at 893.
\9\ See, e.g., Hydrofluorocarbon Blends from the People's
Republic of China: Final Negative Scope Ruling on Gujarat
Fluorochemicals Ltd.'s R-410A Blend; Affirmative Final Determination
of Circumvention of the Antidumping Duty Order by Indian Blends
Containing CCC Components, 85 FR 61930 (October 1, 2020), and
accompanying Issues and Decision Memorandum at 20 (specifying the
applicable standard in the context of an inquiry under section
781(b) of the Act).
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Furthermore, section 781(a)(3) of the Act sets forth additional
factors to consider in determining whether to include merchandise
assembled or completed in the United States within the scope of an AD
or CVD order. Specifically, Commerce shall take into account such
factors as: (A) the pattern of trade, including sourcing patterns; (B)
whether the manufacturer or exporter of the parts or components is
affiliated with the entity that assembles or completes the merchandise
sold in the United States from the parts or components produced in the
foreign country to which the order applies; and (C) whether imports
into the United States of the parts or components produced in such
foreign country have increased after the initiation of the
investigation that resulted in the issuance of such order. As discussed
below, Vulcan provided allegations and supporting evidence with respect
to the above-refenced criteria as they relate to products within the
2020 AD Order and the 2020 CVD Order.
Analysis
Based on our analysis \10\ of Vulcan's request for circumvention
inquiries, we determine that Vulcan satisfied the criteria set forth by
19 CFR 351.226(c) with respect to the certain products within the 2020
AD Order (i.e., A-570-104, covering alloy and certain carbon steel
threaded rod from China) and the 2020 CVD Order (i.e., C-570-105,
covering carbon and alloy steel threaded rod from China). Vulcan did
not provide evidence in support of its allegation as it relates to
carbon-quality steel products; therefore, Vulcan's request did not meet
the requirements set forth by 19 CFR 351.226(c) with respect to the
2009 AD Order (i.e., A-570-932, which covers carbon quality steel
threaded rod from China),\11\ or the carbon steel threaded rod
contained in the 2020 AD Order and the 2020 CVD Order. Accordingly,
pursuant to 19 CFR 351.226(d)(1)(ii), we have accepted Vulcan's request
with respect to the alloy products covered by the 2020 AD Order and the
2020 CVD Order and are initiating circumvention inquiries for these
orders with respect to alloy steel threaded rod. For a full discussion
of the basis for our decision to initiate these circumvention
inquiries, see Initiation Checklists.
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\10\ See generally AD Checklist--2020 Order; and CVD Checklist--
2020 Order; see also Commerce's Letter, ``Rejection of Circumvention
Request,'' dated July 6, 2023.
\11\ See Vulcan June 22, 2023 SQR at 2 (``Vulcan is not aware of
any publicly available information indicating that circumvention is
currently occurring with respect to the antidumping duty order on
carbon steel threaded rod from China (A-570-932).'').
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Furthermore, pursuant to 19 CFR 351.226(c)(2)(iii) and (v), Vulcan
asserted that the company-specific information underlying its
allegation was likely representative of the broader universe of
circumvention. Accordingly, Vulcan stated that it is appropriate to
conduct these inquiries on a country-wide basis; the company identified
prior instances where Commerce considered
[[Page 44279]]
allegations to be generally applicable (rather than company-specific),
and also alleged that there was the potential for unaddressed evasion
absent country-wide inquiries.\12\ Based on these considerations,
Commerce is initiating these circumvention inquiries on a country-wide
basis.
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\12\ See Circumvention Request at 27.
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Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs
and Border Protection (CBP) of the initiation of circumvention
inquiries and will direct CBP to continue the suspension of liquidation
of entries of products subject to these circumvention inquiries that
were already subject to the suspension of liquidation under the orders
and to apply the cash deposit rate that would be applicable if the
products were determined to be covered by the applicable scope. Should
Commerce issue affirmative preliminary or final circumvention
determinations, Commerce will follow the suspension of liquidation
rules under 19 CFR 351.226(l)(2)-(4).
Notification to Interested Parties
In accordance with 19 CFR 351.226(d) and section 781(a) of the Act,
Commerce determines that Vulcan's request for circumvention inquiries
relating to the 2020 AD Order and the 2020 CVD Order satisfies the
requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying
all interested parties of the initiation of these circumvention
inquiries to determine whether alloy steel threaded rod produced in the
United States from unthreaded pins imported from China is circumventing
these orders.
Additionally, we are hereby providing interested parties with an
opportunity to comment on any additional entities--i.e., importers,
exporters, producers--that are involved in the supply, sale, or
production related to alloy steel threaded rod completed in the United
States using unthreaded pins imported from China. Comments on the
identity of such entities are due within seven days of publication of
this notice in the Federal Register.
We have included a description of the products that are subject to
these inquiries and an explanation of Commerce's decision to initiate
in the accompanying Initiation Checklists.\13\ In accordance with 19
CFR 351.226(e)(1), Commerce intends to issue its preliminary
circumvention determinations no later than 150 days from the date of
publication of the notice of initiation of these circumvention
inquiries in the Federal Register.
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\13\ See generally AD Checklist--2020 Order; and CVD Checklist--
2020 Order.
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This notice is published in accordance with section 781(a) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: July 6, 2023,
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-14804 Filed 7-11-23; 8:45 am]
BILLING CODE 3510-DS-P
