[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12718-12719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04151]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-932]
Certain Steel Threaded Rod From the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 4, 2012, the Department of Commerce (the
``Department'') published the Preliminary Determination of the
circumvention inquiry concerning the antidumping duty order on certain
steel threaded rod (``steel threaded rod'') from the People's Republic
of China (``PRC'').\1\ The period of inquiry is April 1, 2010, through
January 11, 2012. We gave interested parties an opportunity to comment
on the Preliminary Determination. On December 31, 2012, Vulcan Threaded
Products, Inc. (``Petitioner'') filed comments agreeing that the
Department's Preliminary Determination is in accordance with law and
supported by evidence on the record of this inquiry. No other party
filed comments.
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\1\ See Certain Steel Threaded Rod From the People's Republic of
China: Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order, 77 FR 71776 (December 4, 2012)
(``Preliminary Determination'').
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DATES: Effective Date: February 25, 2013.
FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office
9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-1655.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2012, the Department published the Preliminary
Determination finding that imports from the PRC of steel threaded rod
products with 1.25 percent or more chromium, by weight, produced by
Gem-Year Industrial Co. Ltd. (``Gem-Year''), and otherwise meeting the
description of in-scope merchandise, are subject to the order.\2\ We
invited interested parties to comment on the Preliminary Determination.
The only party to comment was Petitioner, who agreed that the
Preliminary Determination is in accordance with law and supported by
evidence on the record of this inquiry. The Department has conducted
this anticircumvention inquiry in accordance with section 781(c) of the
Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.225.
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\2\ See Preliminary Determination; see also Certain Steel
Threaded Rod from the People's Republic of China: Notice of
Antidumping Duty Order, 74 FR 17154 (April 14, 2009).
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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. In addition, the steel
threaded rod, bar, or studs subject to the order are non-headed and
threaded along greater than 25 percent of their total length. A variety
of finishes or coatings, such as plain oil finish as a temporary rust
protectant, zinc coating (i.e., galvanized, whether by electroplating
or hot-dipping), paint, and other similar finishes and coatings, may be
applied to the merchandise.
Included in the scope of the order are steel threaded rod, bar, or
studs, in which: (1) Iron predominates, by weight, over each of the
other contained elements; (2) the carbon content is two percent or
less, by weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
1.80 percent of manganese, or
1.50 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.012 percent of boron, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.41 percent of titanium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
Steel threaded rod is currently classifiable under subheading
7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the
United States Harmonized Tariff Schedule (``HTSUS''). Although the
[[Page 12719]]
HTSUS subheading is provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
Excluded from the scope of the order are: (a) Threaded rod, bar, or
studs which are threaded only on one or both ends and the threading
covers 25 percent or less of the total length; and (b) threaded rod,
bar, or studs made to American Society for Testing and Materials
(``ASTM'') A193 Grade B7, ASTM A193 Grade B7M, ASTM A193 Grade B16, or
ASTM A320 Grade L7.
Scope of the Circumvention Inquiry
The merchandise subject to this circumvention inquiry consists of
steel threaded rod from the PRC produced by Gem-Year containing greater
than 1.25 percent chromium, by weight, and otherwise meeting the
requirements of the scope of the order as listed under the ``Scope of
the Order'' section above.
Final Determination
In the Preliminary Determination, the Department found that imports
from the PRC of steel threaded rod containing greater than 1.25 percent
chromium, by weight, produced by Gem-Year, and otherwise meeting the
description of in-scope merchandise, are subject to the antidumping
duty order on steel threaded rod from the PRC. We continue to determine
that imports from the PRC of steel threaded rod containing greater than
1.25 percent chromium, by weight, produced by Gem-Year, and otherwise
meeting the description of in-scope merchandise, are subject to the
antidumping duty order on steel threaded rod from the PRC. The
Department will issue appropriate instructions to U.S. Customs and
Border Protection (``CBP'') based on our final determination.
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), we are directing CBP to
continue to suspend liquidation of entries of merchandise subject to
this inquiry produced by Gem-Year, and entered, or withdrawn from
warehouse, for consumption on or after January 5, 2012, the date of the
initiation of this inquiry. We will also instruct CBP to require a cash
deposit of estimated duties at the applicable rates for each
unliquidated entry of the product entered, or withdrawn from warehouse,
for consumption on or after January 5, 2012, the date of the initiation
of this inquiry, in accordance with 19 CFR 351.225(l)(3).
Notifications
This notice serves as a reminder to parties subject to the
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
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.
We are issuing and publishing this affirmative final determination
of circumvention in accordance with sections 781(c) and 777(i) of the
Act and 19 CFR 351.225.
Dated: February 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04151 Filed 2-22-13; 8:45 am]
BILLING CODE 3510-DS-P