Carbon and Alloy Steel Threaded Rod From India: Final Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022-2023, 82982-82985 [2024-23774]

Download as PDF 82982 Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Notices under subheadings 3703.10.60, 4811.59.20, 4811.90.8040, 4811.90.9090, 4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050, 4811.90.9030, and 4811.90.9050.7 8 Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. Final Results of Review Because we received no comments, we made no changes from the Preliminary Results. We continue to find that: (1) Guangdong Guanhao HighTech (Guangdong Guanhao); (2) Guangdong Polygon New Materials (Guangdong Polygon); (3) and Henan Jianghe Paper (Henan Jianghe) did not file separate rate applications or certifications and, thus, did not demonstrate their eligibility for separate rate status and, therefore, are part of the China-wide entity. As stated in the Preliminary Results, no party requested a review of the China-wide entity.9 Moreover, we did not self-initiate a review of the China-wide entity. Because no review of the China-wide entity is being conducted, the Chinawide entity’s entries are not subject to the review, and the weighted-average dumping margin for the China-wide entity (i.e., 115.29 percent) is not subject to change.10 Disclosure khammond on DSKJM1Z7X2PROD with NOTICES Normally, Commerce discloses to interested parties the calculations of the final results of an administrative review within five days of a public announcement 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). However, because we have made no changes from the Preliminary Results, there are no calculations to disclose. 7 HTSUS subheading 4811.90.8000 was a classification used for LWTP until January 1, 2007. Effective that date, subheading 4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a nonsubject product) and 4811.90.8040 (for ‘‘other’’ including LWTP). HTSUS subheading 4811.90.9000 was a classification for LWTP until July 1, 2005. Effective that date, subheading 4811.90.9000 was replaced with 4811.90.9010 (for tissue paper, a nonsubject product) and 4811.90.9090 (for ‘‘other,’’ including LWTP). 8 As of January 1, 2009, the ITC deleted HTSUS subheadings 4811.90.8040 and 4811.90.9090 and added HTSUS subheadings 4811.90.8030, 4811.90.8050, 4811.90.9030, and 4811.90.9050 to the HTSUS (2009). See Harmonized Tariff Schedule of the United States (2009), available at https:// www.usitc.gov. These HTSUS subheadings were added to the scope of the order in lightweight thermal paper’s LTFV investigation. 9 See Preliminary Results, 89 FR at 51500. 10 See Order, 73 FR at 70959. VerDate Sep<11>2014 16:35 Oct 11, 2024 Jkt 265001 Assessment Consistent with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered this review. Because Commerce finds the three companies subject to this review, Guangdong Guanhao, Guangdong Polygon, and Henan Jianghe are part of the China-wide entity in the final results, Commerce will instruct CBP to liquidate entries containing subject merchandise exported by the companies under review at the China-wide entity rate of 115.29 percent. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication 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 for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided for by section 751(a)(2)(C) of the Act: (1) for previously investigated or reviewed Chinese and non-Chinese exporters for which a review was not requested and that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (115.29 percent); 11 and (3) for all non-Chinese exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that nonChinese exporter. 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 11 See PO 00000 Order, 73 FR at 70959. Frm 00014 Fmt 4703 Sfmt 4703 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 the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: October 8, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–23696 Filed 10–11–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–887] Carbon and Alloy Steel Threaded Rod From India: Final Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that carbon and alloy steel threaded rod (steel threaded rod) from India was sold in the United States at below normal value during the period of review (POR), April 1, 2022, through March 31, 2023. Further, we are rescinding this review with respect to 83 companies. DATES: Applicable October 15, 2024. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta 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) 482–2593 or (202) 482–8180, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background This administrative review covers 29 companies.1 Commerce selected two 1 We initiated this administrative review with respect to 112 companies. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 38021 (June 12, 2023). However, we are rescinding this review for 83 companies that did not have reviewable entries E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Notices respondents for individual examination, Mangal Steel Enterprises Limited (Mangal) and Shree Luxmi Fasteners/ The Emerging Impex (SLF/TEI).2 On May 6, 2024, Commerce published the Preliminary Results of this administrative review and invited interested parties to comment on the Preliminary Results.3 On June 5, 2024, we received a timely-filed case brief from Sigma Piping Products (2019), LLC (Sigma), a U.S. importer of subject merchandise,4 and on June 10, 2024, we received a timely-filed rebuttal brief from Vulcan Threaded Products, Inc. (the petitioner).5 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.6 Thereafter, Commerce partially extended the deadline for issuing the final results until October 8, 2024.7 For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.8 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). khammond on DSKJM1Z7X2PROD with NOTICES Scope of the Order 9 The merchandise covered by the scope of this Order is carbon and alloy of subject merchandise during the POR. See ‘‘Rescission of Administrative Review, in Part’’ section below. 2 See Memorandum, ‘‘Respondent Selection,’’ dated June 28, 2023. Commerce preliminarily determined to treat Shree Luxmi Fasteners (SLF) and its affiliate The Emerging Impex (TEI) as a single entity for purposes of this review. Because no parties commented on this preliminary decision, for these final results Commerce continues to treat these companies as a single entity. See Carbon and Alloy Steel Threaded Rod from India: Preliminary Results and Preliminary Rescission of Antidumping Duty Administrative Review, in Part, 2022–2023, 89 FR 37174 (May 6, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 3 Id. 4 See Sigma’s Letter, ‘‘Sigma Comments on Preliminary Results,’’ dated June 5, 2024 (Sigma’s Case Brief). 5 See Petitioner’s Letter, ‘‘Rebuttal Brief,’’ dated June 10, 2024 (Petitioner’s Rebuttal Brief). 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 7 See Memoranda, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2022–23,’’ dated August 14, 2024; and ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2022– 2023,’’ dated October 1, 2024. 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Carbon and Alloy Steel Threaded Rod from India; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 9 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). VerDate Sep<11>2014 16:35 Oct 11, 2024 Jkt 265001 steel threaded rod from India. A complete description of the scope of the Order is provided in the Issues and Decision Memorandum.10 Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR subject to the antidumping duty order for which liquidation is suspended, Commerce may rescind an administrative review, in whole or only with respect to a particular exporter or producer.11 At the end of the administrative review, any suspended entries are liquidated at the assessment rate computed for the review period.12 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate. In the Preliminary Results, Commerce preliminarily rescinded this review with respect to 83 companies because those companies had no reviewable, suspended entries of subject merchandise and invited parties to comment.13 We received no comments on our preliminary rescission of the review with respect to these companies. Accordingly, in the absence of suspended entries of subject merchandise during the POR for these 83 companies for which this review was initiated, we are hereby rescinding this administrative review, in part, with respect to these companies, in accordance with 19 CFR 351.213(d)(3).14 Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice at Appendix I. The Issues and 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 10 See Issues and Decision Memorandum at ‘‘Scope of the Order.’’ 11 See, e.g., Forged Steel Fittings from Taiwan: Rescission of Antidumping Duty Administrative Review; 2018–2019, 85 FR 71317, 71318 (November 9, 2020); see also Certain Circular Welded NonAlloy Steel Pipe from Mexico: Rescission of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 54084 (October 26, 2018). 12 See 19 CFR 351.212(b)(1). 13 See Preliminary Results, 89 FR at 37175–76. 14 Appendix III identifies all companies for which we have rescinded this review. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 82983 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 a review of the record, we made certain changes to the margin calculations for these final results. For a discussion of these changes, see the Issues and Decision Memorandum. 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}.’’ In this review, we have calculated weighted-average dumping margins of zero percent for Mangal and 10.94 percent for SLF/TEI. Therefore, in accordance with section 735(c)(5)(A) of the Act, we are applying SLF/TEI’s weighted average dumping margin of 10.94 percent to the non-examined companies, because this is the only rate that is not zero, de minimis, or based entirely on facts available. Final Results of the Review Commerce determines that the following estimated weighted-average dumping margins exist during the period April 1, 2022, through March 31, 2023: Exporter/producer Mangal Steel Enterprises Limited Shree Luxmi Fasteners/The Emerging Impex ...................... Companies Not Selected for Individual Review 15 ................... E:\FR\FM\15OCN1.SGM 15OCN1 Weightedaverage dumping margin (percent) 0.00 10.94 10.94 82984 Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Notices Disclosure Commerce intends to disclose the calculations performed in connection with these final results to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date publication of the notice of final results in the Federal Register.16 khammond on DSKJM1Z7X2PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Because the weighted-average dumping margin for Mangal has been determined to be zero percent, we intend to instruct CBP to liquidate Mangal’s entries without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). SLF/TEI’s weighted average dumping margin is not zero or de minimis (i.e., less than 0.5 percent). Therefore, we calculated importer-specific assessment rates based on the ratio of the total dumping calculated for the examined sales to the total entered value of the sales. Where an importer-specific assessment rate for SLF/TEI is either zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by Mangal or SLF/ TEI 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 of 0.00 percent,17 if there is no rate for the intermediate company(ies) involved in the transaction.18 For the companies that were not selected for individual examination, we will instruct CBP to liquidate entries at the rate established in these final results of review. For the companies for which this review is rescinded with these final results (see Appendix III), we will instruct CBP to assess antidumping duties on any suspended at a rate equal to the cash deposit of estimated antidumping duties required at the time 15 See Appendix II for a full list of these companies. 16 See 19 CFR 351.224(b). 17 See Order, 85 FR at 19926. 18 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 16:35 Oct 11, 2024 Jkt 265001 of entry, or withdrawal from warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(1)(i). 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 for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of review in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed in these final results 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, a prior 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; and (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, adjusted for the export-subsidy rate in the companion countervailing duty investigation.19 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 the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties 19 See PO 00000 Order, 85 FR at 19926. Frm 00016 Fmt 4703 Sfmt 4703 occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice 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). Dated: October 8, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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 Redetermine the Cash Deposit Rate for Kanika Exports (Kanika) Comment 2: Whether Commerce Should Use a Different Methodology To Determine Kanika’s Dumping Margin VI. Recommendation Appendix II—List of Companies Not Individually Examined 1. Aadi Shree Fastener Industries 2. Babu Exports 3. Bhansali Inc. 4. Chirag International 5. Everest Industrial Corporation 6. Fence Fixings 7. Fine Thread Form Industries 8. Ganpati Fastners Pvt., Ltd. 9. GDPA Fasteners 10. Goodgood Manufacturers 11. Idea Fasteners Pvt., Ltd. 12. Kanika Exp. 13. Kapson India 14. Kapurthala Industrial Corporation 15. Kova Fasteners Pvt., Ltd. 16. Maharaja International 17. Maya Enterprises 18. Nishant Steel Industries 19. Nuovo Fastenings Pvt., Ltd. 20. R A Exp 21. R K Fasteners (India) 22. Rods & Fixing Fasteners 23. S K Overseas E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Notices 24. Singhania International Ltd. 25. The Technocrats Co. 26. Viraj Profiles Ltd. 27. Yogendra International khammond on DSKJM1Z7X2PROD with NOTICES Appendix III—List of Companies for Which We Are Rescinding the Administrative Review 1. A H Enterprises 2. Aanjaney Micro Engy Pvt., Ltd. 3. Accurate Steel Forgings (I) Ltd. 4. Alps Industries Ltd. 5. Apex Thermocon Pvt., Ltd. 6. Ash Hammer Union 7. Astrotech Steels Pvt., Ltd. 8. Atlantic Container Line Pvt., Ltd. 9. Ats Exp. 07 10. Atz Shipping Trade & Transport Pvt. 11. BA Metal Processing 12. Boston Exp. & Engineering Co. 13. C.H.Robinson International (India) 14. C.P.World Lines Pvt., Ltd. 15. Century Distribution Systems Inc. 16. Charu Enterprises 17. Daksh Fasteners 18. Dedicated Imp. & Exp. Co. 19. Dhiraj Alloy & Stainless Steel 20. Dsv Air and Sea Pvt., Ltd. 21. Eastman Industries Ltd. 22. Eos Precision 23. ESL Steel Ltd 24. Everest Exp. 25. Farmparts Company 26. Galorekart Marketplace Pvt., Ltd. 27. Ganga Acrowools Ltd. 28. Gateway Engineering Solution 29. Gee Pee Overseas 30. Geodis India Pvt., Ltd. (Indel) 31. Jindal Steel And Power Ltd. 32. JSW Steel Ltd. 33. Kanchan Trading Co. 34. Kanhaiya Lal Tandoor (P) Ltd. 35. Karna International 36. Kei Industries Ltd. 37. King Exports 38. Linit Exp. Pvt., Ltd. 39. Mahajan Brothers 40. Meenakshi India, Ltd. 41. Metalink 42. MKA Engineers And Exporters Pvt., Ltd. 43. National Cutting Tools 44. NJ Sourcing 45. Noahs Ark International Exp. 46. Oia Global India Pvt., Ltd. 47. Otsusa India Pvt., Ltd. 48. Paloma Turning Co. Pvt., Ltd. 49. Patton International Ltd. 50. Perfect Tools & Forgings 51. Permali Wallace Pvt., Ltd. 52. Polycab India Ltd. 53. Pommada Hindustan Pvt., Ltd. 54. Poona Forge Pvt., Ltd. 55. Raajratna Ventures Ltd. 56. Raashika Industries Pvt., Ltd. 57. Rajpan Group 58. Rambal Ltd. 59. Randack Fasteners India Pvt., Ltd. 60. Ratnveer Metals Ltd. 61. Rimjhim Ispat Ltd. 62. S.M Forgings & Engineering 63. Sandip Brass Industries 64. Sandiya Exp. Pvt., Ltd. 65. Sansera Engineering Pvt., Ltd. 66. Silverline Metal Engineering Pvt. Lt 67. Sri Satya Sai Enterprises 68. Steampulse Global Llp VerDate Sep<11>2014 16:35 Oct 11, 2024 Jkt 265001 69. Steel Authority Of India Ltd. 70. Suchi Fasteners Pvt., Ltd. 71. Supercon Metals Pvt., Ltd. 72. Tekstar Pvt., Ltd. 73. Tijiya Exp. Pvt., Ltd. 74. Tijiya Steel Pvt., Ltd. 75. Tong Heer Fasteners 76. Trans Tool Pvt., Ltd. 77. Universal Engineering and Fabricat 78. V.J Industries Pvt., Ltd. 79. Vidushi Wires Pvt., Ltd. 80. Vrl Automation 81. VV Marine Pvt., Ltd. 82. Zenith Precision Pvt., Ltd. 83. Zenith Steel Pipes And Industries L [FR Doc. 2024–23774 Filed 10–11–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–124, C–570–125] Certain Vertical Shaft Engines Between 99cc and Up to 225cc and Parts Thereof From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 2, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Zhejiang Amerisun Technology Co., Ltd. v. United States, Court No. 23–00011, sustaining the U.S. Department of Commerce’s (Commerce) remand redetermination pertaining to the scope ruling for the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and up to 225cc and parts thereof from the People’s Republic of China finding modified vertical shaft engines, such as the modified R210–S engine manufactured by Chongqing Rato Technology Co., Ltd. (Chongqing Rato) to be excluded from the orders. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s scope ruling, and that Commerce is amending the scope ruling to find that certain engines, such as Chongqing Rato’s R210–S engine, manufactured by Chongqing Rato is excluded from the orders. DATES: Applicable October 12, 2024. FOR FURTHER INFORMATION CONTACT: Ajay K. Menon, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 82985 Background On December 22, 2022, Commerce found that modified vertical shaft engines, such as the R210–S engine manufactured by Chongqing Rato, were included in the scope of the orders.1 Zhejiang Amerisun Technology, Co., Ltd. appealed Commerce’s Final Scope Ruling. On February 20, 2024, the CIT remanded the Final Scope Ruling to Commerce, holding that: (1) because the scope does not specify that a right-angle gearbox connected to the horizontal crankshaft may be part of the engine, Commerce’s finding that the scope did not contain an exhaustive list of components that may comprise an engine was unsupported by substantial evidence and not in accordance with law; (2) the Wikipedia articles submitted by Briggs & Stratton Corporation (the petitioner) on which Commerce relied to support its factual conclusions were unreliable and irrelevant; and (3) an academic article submitted by the petitioner on which Commerce also relied to support its factual conclusions was irrelevant because it did not specifically address walk-behind lawn mowers or discuss secondary drive shafts.2 In its final remand redetermination, issued in April 2024, Commerce found that certain engines, such as Chongqing Rato’s R210–S engine at issue in the Final Scope Ruling to be excluded from the scope of the orders.3 The CIT sustained Commerce’s final redetermination.4 Timken Notice In its decision in Timken,5 as clarified by Diamond Sawblades,6 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a 1 See Memorandum, ‘‘Scope Ruling on Modified Vertical Shaft Engines,’’ dated December 22, 2022 (Final Scope Ruling). 2 See Zhejiang Amerisun Technology Co., Ltd. v. United States, 687 F. Supp. 3d 1282 (CIT 2024). 3 See Final Results of Redetermination Pursuant to Court Remand, Zhejiang Amerisun Technology Co., Ltd. v. United States, Consol. Court No. 23– 00011, Slip Op. 24–20 (CIT February 20, 2024), dated April 11, 2024, available at https://access. trade.gov/public/FinalRemand Redetermination.aspx. 4 See Zhejiang Amerisun Technology Co., Ltd. v. United States, Court No. 23–00011, Slip. Op. 24– 104 (CIT October 2, 2024). 5 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 6 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 82982-82985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23774]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-887]


Carbon and Alloy Steel Threaded Rod From India: Final Results of 
Antidumping Duty Administrative Review, and Partial Rescission; 2022-
2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
carbon and alloy steel threaded rod (steel threaded rod) from India was 
sold in the United States at below normal value during the period of 
review (POR), April 1, 2022, through March 31, 2023. Further, we are 
rescinding this review with respect to 83 companies.

DATES: Applicable October 15, 2024.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta 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) 482-2593 or (202) 
482-8180, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review covers 29 companies.\1\ Commerce 
selected two

[[Page 82983]]

respondents for individual examination, Mangal Steel Enterprises 
Limited (Mangal) and Shree Luxmi Fasteners/The Emerging Impex (SLF/
TEI).\2\
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    \1\ We initiated this administrative review with respect to 112 
companies. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023). However, we are 
rescinding this review for 83 companies that did not have reviewable 
entries of subject merchandise during the POR. See ``Rescission of 
Administrative Review, in Part'' section below.
    \2\ See Memorandum, ``Respondent Selection,'' dated June 28, 
2023. Commerce preliminarily determined to treat Shree Luxmi 
Fasteners (SLF) and its affiliate The Emerging Impex (TEI) as a 
single entity for purposes of this review. Because no parties 
commented on this preliminary decision, for these final results 
Commerce continues to treat these companies as a single entity. See 
Carbon and Alloy Steel Threaded Rod from India: Preliminary Results 
and Preliminary Rescission of Antidumping Duty Administrative 
Review, in Part, 2022-2023, 89 FR 37174 (May 6, 2024) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
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    On May 6, 2024, Commerce published the Preliminary Results of this 
administrative review and invited interested parties to comment on the 
Preliminary Results.\3\ On June 5, 2024, we received a timely-filed 
case brief from Sigma Piping Products (2019), LLC (Sigma), a U.S. 
importer of subject merchandise,\4\ and on June 10, 2024, we received a 
timely-filed rebuttal brief from Vulcan Threaded Products, Inc. (the 
petitioner).\5\
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    \3\ Id.
    \4\ See Sigma's Letter, ``Sigma Comments on Preliminary 
Results,'' dated June 5, 2024 (Sigma's Case Brief).
    \5\ See Petitioner's Letter, ``Rebuttal Brief,'' dated June 10, 
2024 (Petitioner's Rebuttal Brief).
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    On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\6\ Thereafter, Commerce 
partially extended the deadline for issuing the final results until 
October 8, 2024.\7\ For a complete description of the events that 
followed the Preliminary Results, see the Issues and Decision 
Memorandum.\8\
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    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memoranda, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2022-23,'' dated August 14, 
2024; and ``Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review; 2022-2023,'' dated October 1, 2024.
    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Carbon and Alloy Steel Threaded Rod from India; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order \9\
---------------------------------------------------------------------------

    \9\ 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).
---------------------------------------------------------------------------

    The merchandise covered by the scope of this Order is carbon and 
alloy steel threaded rod from India. A complete description of the 
scope of the Order is provided in the Issues and Decision 
Memorandum.\10\
---------------------------------------------------------------------------

    \10\ See Issues and Decision Memorandum at ``Scope of the 
Order.''
---------------------------------------------------------------------------

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable 
entries of subject merchandise during the POR subject to the 
antidumping duty order for which liquidation is suspended, Commerce may 
rescind an administrative review, in whole or only with respect to a 
particular exporter or producer.\11\ At the end of the administrative 
review, any suspended entries are liquidated at the assessment rate 
computed for the review period.\12\ Therefore, for an administrative 
review to be conducted, there must be a reviewable, suspended entry to 
be liquidated at the newly calculated assessment rate. In the 
Preliminary Results, Commerce preliminarily rescinded this review with 
respect to 83 companies because those companies had no reviewable, 
suspended entries of subject merchandise and invited parties to 
comment.\13\ We received no comments on our preliminary rescission of 
the review with respect to these companies. Accordingly, in the absence 
of suspended entries of subject merchandise during the POR for these 83 
companies for which this review was initiated, we are hereby rescinding 
this administrative review, in part, with respect to these companies, 
in accordance with 19 CFR 351.213(d)(3).\14\
---------------------------------------------------------------------------

    \11\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317, 
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy 
Steel Pipe from Mexico: Rescission of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
    \12\ See 19 CFR 351.212(b)(1).
    \13\ See Preliminary Results, 89 FR at 37175-76.
    \14\ Appendix III identifies all companies for which we have 
rescinded this review.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice at Appendix I. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record, we made certain changes to the 
margin calculations for these final results. For a discussion of these 
changes, see the Issues and Decision Memorandum.

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} .''
    In this review, we have calculated weighted-average dumping margins 
of zero percent for Mangal and 10.94 percent for SLF/TEI. Therefore, in 
accordance with section 735(c)(5)(A) of the Act, we are applying SLF/
TEI's weighted average dumping margin of 10.94 percent to the non-
examined companies, because this is the only rate that is not zero, de 
minimis, or based entirely on facts available.

Final Results of the Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist during the period April 1, 2022, through March 
31, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Mangal Steel Enterprises Limited............................        0.00
Shree Luxmi Fasteners/The Emerging Impex....................       10.94
Companies Not Selected for Individual Review \15\...........       10.94
------------------------------------------------------------------------


[[Page 82984]]

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results to interested parties within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date publication of the notice of final results 
in the Federal Register.\16\
---------------------------------------------------------------------------

    \15\ See Appendix II for a full list of these companies.
    \16\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Because the weighted-average dumping 
margin for Mangal has been determined to be zero percent, we intend to 
instruct CBP to liquidate Mangal's entries without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
    SLF/TEI's weighted average dumping margin is not zero or de minimis 
(i.e., less than 0.5 percent). Therefore, we calculated importer-
specific assessment rates based on the ratio of the total dumping 
calculated for the examined sales to the total entered value of the 
sales. Where an importer-specific assessment rate for SLF/TEI is either 
zero or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Mangal or 
SLF/TEI 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 of 0.00 percent,\17\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\18\ 
For the companies that were not selected for individual examination, we 
will instruct CBP to liquidate entries at the rate established in these 
final results of review.
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    \17\ See Order, 85 FR at 19926.
    \18\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies for which this review is rescinded with these 
final results (see Appendix III), we will instruct CBP to assess 
antidumping duties on any suspended at a rate equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i).
    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 for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of review in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed in these final results 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, a prior 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; and (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, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation.\19\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \19\ See Order, 85 FR at 19926.
---------------------------------------------------------------------------

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 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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 
the terms of an APO is a sanctionable violation.
    Notification to Interested Parties
    We are issuing and publishing this notice 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).

    Dated: October 8, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Redetermine the Cash Deposit 
Rate for Kanika Exports (Kanika)
    Comment 2: Whether Commerce Should Use a Different Methodology 
To Determine Kanika's Dumping Margin
VI. Recommendation

Appendix II--List of Companies Not Individually Examined

1. Aadi Shree Fastener Industries
2. Babu Exports
3. Bhansali Inc.
4. Chirag International
5. Everest Industrial Corporation
6. Fence Fixings
7. Fine Thread Form Industries
8. Ganpati Fastners Pvt., Ltd.
9. GDPA Fasteners
10. Goodgood Manufacturers
11. Idea Fasteners Pvt., Ltd.
12. Kanika Exp.
13. Kapson India
14. Kapurthala Industrial Corporation
15. Kova Fasteners Pvt., Ltd.
16. Maharaja International
17. Maya Enterprises
18. Nishant Steel Industries
19. Nuovo Fastenings Pvt., Ltd.
20. R A Exp
21. R K Fasteners (India)
22. Rods & Fixing Fasteners
23. S K Overseas

[[Page 82985]]

24. Singhania International Ltd.
25. The Technocrats Co.
26. Viraj Profiles Ltd.
27. Yogendra International

Appendix III--List of Companies for Which We Are Rescinding the 
Administrative Review

1. A H Enterprises
2. Aanjaney Micro Engy Pvt., Ltd.
3. Accurate Steel Forgings (I) Ltd.
4. Alps Industries Ltd.
5. Apex Thermocon Pvt., Ltd.
6. Ash Hammer Union
7. Astrotech Steels Pvt., Ltd.
8. Atlantic Container Line Pvt., Ltd.
9. Ats Exp. 07
10. Atz Shipping Trade & Transport Pvt.
11. BA Metal Processing
12. Boston Exp. & Engineering Co.
13. C.H.Robinson International (India)
14. C.P.World Lines Pvt., Ltd.
15. Century Distribution Systems Inc.
16. Charu Enterprises
17. Daksh Fasteners
18. Dedicated Imp. & Exp. Co.
19. Dhiraj Alloy & Stainless Steel
20. Dsv Air and Sea Pvt., Ltd.
21. Eastman Industries Ltd.
22. Eos Precision
23. ESL Steel Ltd
24. Everest Exp.
25. Farmparts Company
26. Galorekart Marketplace Pvt., Ltd.
27. Ganga Acrowools Ltd.
28. Gateway Engineering Solution
29. Gee Pee Overseas
30. Geodis India Pvt., Ltd. (Indel)
31. Jindal Steel And Power Ltd.
32. JSW Steel Ltd.
33. Kanchan Trading Co.
34. Kanhaiya Lal Tandoor (P) Ltd.
35. Karna International
36. Kei Industries Ltd.
37. King Exports
38. Linit Exp. Pvt., Ltd.
39. Mahajan Brothers
40. Meenakshi India, Ltd.
41. Metalink
42. MKA Engineers And Exporters Pvt., Ltd.
43. National Cutting Tools
44. NJ Sourcing
45. Noahs Ark International Exp.
46. Oia Global India Pvt., Ltd.
47. Otsusa India Pvt., Ltd.
48. Paloma Turning Co. Pvt., Ltd.
49. Patton International Ltd.
50. Perfect Tools & Forgings
51. Permali Wallace Pvt., Ltd.
52. Polycab India Ltd.
53. Pommada Hindustan Pvt., Ltd.
54. Poona Forge Pvt., Ltd.
55. Raajratna Ventures Ltd.
56. Raashika Industries Pvt., Ltd.
57. Rajpan Group
58. Rambal Ltd.
59. Randack Fasteners India Pvt., Ltd.
60. Ratnveer Metals Ltd.
61. Rimjhim Ispat Ltd.
62. S.M Forgings & Engineering
63. Sandip Brass Industries
64. Sandiya Exp. Pvt., Ltd.
65. Sansera Engineering Pvt., Ltd.
66. Silverline Metal Engineering Pvt. Lt
67. Sri Satya Sai Enterprises
68. Steampulse Global Llp
69. Steel Authority Of India Ltd.
70. Suchi Fasteners Pvt., Ltd.
71. Supercon Metals Pvt., Ltd.
72. Tekstar Pvt., Ltd.
73. Tijiya Exp. Pvt., Ltd.
74. Tijiya Steel Pvt., Ltd.
75. Tong Heer Fasteners
76. Trans Tool Pvt., Ltd.
77. Universal Engineering and Fabricat
78. V.J Industries Pvt., Ltd.
79. Vidushi Wires Pvt., Ltd.
80. Vrl Automation
81. VV Marine Pvt., Ltd.
82. Zenith Precision Pvt., Ltd.
83. Zenith Steel Pipes And Industries L
[FR Doc. 2024-23774 Filed 10-11-24; 8:45 am]
BILLING CODE 3510-DS-P

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