[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67332-67334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27438]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-932]
Certain Steel Threaded Rod From the People's Republic of China:
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 8, 2012, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the second
administrative review of the antidumping duty order on certain steel
threaded rod from the People's Republic of China (``PRC'') for the
period of review (``POR'') April 1, 2010, through March 31, 2011.\1\
Based upon our analysis of the comments and information received, we
continue to find that RMB Fasteners Ltd., and IFI & Morgan Ltd.
(collectively ``RMB/IFI Group'') has sold subject merchandise at less
than normal value.
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\1\ See Certain Steel Threaded Rod From the People's Republic of
China: Preliminary Results of the Administrative Review, Intent To
Rescind, and Rescission, in Part, 77 FR 27022 (May 8, 2012)
(``Preliminary Results'').
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DATES: Effective Date: November 9, 2012.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-4047.
SUPPLEMENTARY INFORMATION:
Background
On May 8, 2012, the Department published the Preliminary Results.
In the Preliminary Results, the Department indicated its intent to
rescind the review with respect to Gem-Year Industrial Co., Ltd.
(``Gem-Year'') and Haiyan Julong Standard Part Co., Ltd. (``Haiyan
Julong'') for lack of shipments.\2\
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\2\ See Preliminary Results, 77 FR at 27024.
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On June 8, 2012, the RMB/IFI Group submitted factor usage
information that the Department requested for two control numbers that
were not produced during the POR. On June 19, 2012, the
[[Page 67333]]
RMB/IFI Group submitted additional surrogate value information for the
final results. Interested parties were further provided an opportunity
to comment on the Preliminary Results. Between July 17 and July 24,
2012, we received case and rebuttal briefs from interested parties. On
August 24, 2012, the Department extended the time limit for these final
results by 60 days.\3\
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\3\ See Department's Memorandum, re: ``Certain Steel Threaded
Rod from the People's Republic of China: Extension of Deadline for
Final Results of Antidumping Duty Administrative Review,'' dated
August 24, 2012.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum entitled, ``Issues and
Decision Memorandum for the Final Results of the Second Administrative
Review of Certain Steel Threaded Rod from the People's Republic of
China'' (``I&D Memo''), which is dated November 5, 2012, and hereby
adopted by this notice. A list of the issues that parties raised, and
to which we respond in the I&D Memo is attached to this notice as
Appendix I. The I&D Memo is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046
of the main Department of Commerce building. In addition, a complete
version of the I&D Memo can be accessed directly on the internet at
http://www.trade.gov/ia/. The signed I&D Memo and the electronic
versions of the I&D Memo are identical in content.
Changes Since the Preliminary Results
The Department has made changes to the preliminary margin
calculation for the RMB/IFI Group. Specifically, we relied on factor
usage information submitted after the Preliminary Results for the two
control numbers that were not produced during the POR and updated the
Thai import statistics used to value steel wire rod based on the
specific carbon content reported by the RMB/IFI Group for its steel
wire rod consumption.\4\
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\4\ See I&D Memo at Comments 1 and 3.
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Scope of the Order
The merchandise covered by the order is steel threaded rod. Steel
threaded rod is certain threaded rod, bar, or studs, of carbon quality
steel, having a solid, circular cross section, of any diameter, in any
straight length, that have been forged, turned, cold-drawn, cold-
rolled, machine straightened, or otherwise cold-finished, and into
which threaded grooves have been applied. Certain steel threaded rod
subject to the order is currently classifiable in the Harmonized Tariff
Schedule of the United States (``HTSUS'') at subheadings 7318.15.5051,
7318.15.5056, 7318.15.5090, and 7318.15.2095.\5\ Although the
subheadings are provided for convenience and customs purposes, the
written product description, available in Certain Steel Threaded Rod
from the People's Republic of China: Notice of Antidumping Duty Order,
74 FR 17154 (April 14, 2009), remains dispositive.
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\5\ As part of these final results, the Department has modified
the language of the scope to reflect the fact that HTSUS subheading
7318.15.5050 has been deleted and replaced with subheadings
7318.15.5051 and 7318.15.5056. See I&D Memo at Comment 2.
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PRC-Wide Entity
As noted in the Preliminary Results, upon initiation of the
administrative review, we provided an opportunity for all companies for
which the review was initiated to complete either the separate rate
application or certification.\6\ The Department preliminarily
determined that New Pole Power Systems Co., Ltd. (``New Pole'') failed
to demonstrate eligibility for a separate rate and is thus properly
considered not to be separate from the PRC-wide entity.\7\ Further, in
the Preliminary Results we assigned the PRC-wide entity a rate of
206.00 percent, the only rate ever determined for the PRC-wide entity
in this proceeding.\8\ No party submitted comments regarding this
finding. Therefore, for these final results, we continue to assign the
PRC-wide entity a rate of 206.00 percent.\9\
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\6\ See Preliminary Results, 77 FR at 27024.
\7\ See id.
\8\ See, e.g., Certain Steel Threaded Rod from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 74 FR 8907 (February 27, 2009).
\9\ See Certain Steel Threaded Rod from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 74 FR
8907, 8910 (February 27, 2009).
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Final Partial Rescission
In the Preliminary Results, the Department indicated its intent to
rescind this review with respect to Gem-Year and Haiyan Julong upon
preliminarily determining that they had no shipments of subject
merchandise to the United States during the POR.\10\ Subsequent to the
Preliminary Results, no information was submitted on the record
indicating that they made sales to the United States of subject
merchandise during the POR and no party provided written arguments
regarding this issue. Thus, in accordance with 19 CFR 351.213(d)(3),
and consistent with our practice,\11\ we are rescinding this review
with respect to Gem-Year and Haiyan Julong.
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\10\ See Preliminary Results, 77 FR at 27024.
\11\ See, e.g., Certain Tissue Paper Products from the People's
Republic of China: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 18497, 18500 (April 4,
2008) (preliminarily rescinding review because of lack of reviewable
entries), unchanged in Certain Tissue Paper Products from the
People's Republic of China: Final Results and Final Rescission, in
Part, of Antidumping Duty Administrative Review, 73 FR 58113
(October 6, 2008).
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Final Results of Review
The dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
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RMB Fasteners Ltd., and IFI & Morgan Ltd. (``RMB/IFI 19.68
Group'')...............................................
PRC-wide Entity......................................... 206.00
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The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is above de
minimis, we calculated importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of antidumping duty
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).\12\ We
will 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 above de minimis
(i.e., 0.50 percent). Where either the respondent's
[[Page 67334]]
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\12\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as
amended, (``the Act''): (1) For the RMB/IFI Group, the cash deposit
rate will be the rate established in the final results of review
(except, if the rate is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be required for that company);
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have a separate rate, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 206.00 percent; and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporters that supplied that non-PRC exporter. The deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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 violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: November 5, 2012
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1. Surrogate Country Selection
A. Economic Comparability and Significant Producer
B. Data Availability
(1) Surrogate Value for Steel Inputs
(2) Surrogate Value for Hydrochloric Acid
(3) Surrogate Financial Ratios
Comment 2. Correcting the Harmonized Tariff Schedule Numbers Within
the Scope
Comment 3. Factors of Production for Control Numbers Not Produced
During the POR
[FR Doc. 2012-27438 Filed 11-8-12; 8:45 am]
BILLING CODE 3510-DS-P