[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 79670-79672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31341]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-831]
Steel Threaded Rod From Thailand: Preliminary Determination of
Sales at Less Than Fair Value and Affirmative Preliminary Determination
of Critical Circumstances
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that steel threaded rod from Thailand is being, or is likely
to be, sold in the United States at less than fair value (``LTFV''), as
provided in section 733(b) of the Tariff Act of 1930, as amended (the
``Act''). The period of investigation (``POI'') is April 1, 2012,
through March 31, 2013. The estimated weighted-average dumping margins
of sales at LTFV are listed in the ``Preliminary Determination''
section of this notice. Interested parties are invited to comment on
this preliminary determination.
DATES: Effective Date: December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Laurel LaCivita, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6475 or (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation 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 this investigation 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. For a complete description
of the scope of the investigation, see Appendix 1 to this notice.
Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\1\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day.\2\ The revised deadline for the preliminary determination
of this investigation is now December 20, 2013.
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\1\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\2\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Methodology
The Department has conducted this investigation in accordance with
section 731 of the Act. Because the only selected mandatory respondent,
Tycoons Worldwide Group (Thailand) Public Co., Ltd. (``Tycoons''),
failed to respond to the Department's questionnaire, we have
preliminarily determined to apply adverse facts available to this
respondent, in accordance with section 776 if the Act and 19 CFR
351.308. The critical circumstances allegation has been analyzed in
accordance with section 733(e)(1) of the Act and 19 CFR 351.206.
For a full description of the methodology underlying our
conclusions, see the Memorandum to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations entitled ``Decision Memorandum for the Preliminary
Determination of the Antidumping Duty Investigation of Steel Threaded
Rod from Thailand,'' dated concurrently with and hereby adopted by this
notice
[[Page 79671]]
(``Preliminary Decision Memorandum''). The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Affirmative Determination of Critical Circumstances
On November 22, 2013, Petitioners \3\ filed a timely critical
circumstances allegation, pursuant to section 773(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration.\4\ In
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances
allegation is submitted more than 20 days before the scheduled date of
the preliminary determination, the Department must issue a preliminary
finding whether there is a reasonable basis to believe or suspect that
critical circumstances exist no later than the date of the preliminary
determination. We have conducted an analysis of critical circumstances
in accordance with section 733(c) of the Act and 19 CFR 351.206, and
have preliminarily determined that: (1) Importers knew or should have
known that the exporter was selling the merchandise under consideration
at LTFV and that there was likely to be material injury in accordance
with section 733(e)(1)(A)(ii) of the Act; and (2) imports of the
subject merchandise have been massive over a relatively short period in
accordance with section 733(e)(1)(B) of the Act. For a full description
of the methodology and results of our analysis, please see the
Preliminary Decision Memorandum.
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\3\ The petition was filed by All America Threaded Products
Inc., Bay Standard Manufacturing Inc., and Vulcan Threaded Products
Inc. (``Petitioners'').
\4\ See letter from Petitioners, ``Antidumping Investigation of
Steel Threaded Rod from Thailand: Petitioners' Allegation of
Critical Circumstances,'' date November 22, 2013.
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. Tycoons is the only company being individually examined in
this investigation, but its margin was determined entirely under
section 776 of the Act. In cases where no weighted-average dumping
margins besides zero de minimis, or determined entirely under section
776 of the Act have been established for individually investigated
entities, the Department averages the margins calculated by the
Petitioner in the petition and applies the result to all other entities
not individually examined.\5\
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\5\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909 (April 23, 2008); unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 38986 (July 8, 2008).
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Preliminary Determination
We preliminary determine the weighted-average dumping margins are
as follows:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Tycoons Worldwide Group (Thailand) Public Co., Ltd......... 74.90
All Others................................................. 68.41
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Disclosure
The Department intends to disclose to parties the calculations
performed in connection with this preliminary determination within five
days of the date of publication of this notice.\6\
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\6\ See 19 CFR 351.224(b).
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Public Comment
Interested parties are invited to comment on the preliminary
determination. Interested parties may submit case briefs to the
Department no later 30 days after the date of publication of the
preliminary determination.\7\ Rebuttal briefs, the content of which is
limited to the issues raised in the case briefs, must be filed within
five days from the deadline date for the submission of case briefs.\8\
A list of authorities used, a table of contents, and an executive
summary of issues should accompany any briefs submitted to the
Department.\9\ Executive summaries should be limited to five pages
total, including footnotes. Interested parties who wish to comment on
the preliminary determination must file briefs electronically using IA
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS, by 5 p.m. Eastern Standard Time on the date the document is
due.
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\7\ See 19 CFR 351.309(c)(1)(i).
\8\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
\9\ See 19 CFR 351.309(c)(2).
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In accordance with section 774 of the Act, the Department will hold
a hearing, if timely requested, to afford interested parties an
opportunity to comment on arguments raised in case or rebuttal briefs,
provided that such a hearing is requested by an interested party.\10\
Interested parties who wish to request a hearing, or to participate if
one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS, as noted above. An electronically
filed request must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Standard Time within 30 days after the date of publication of this
notice.\11\ Requests should contain the following information: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed.\12\ If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.\13\ Parties should confirm by telephone the date, time, and
location of the hearing.
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\10\ See also 19 CFR 351.310.
\11\ See 19 CFR 351.310(c).
\12\ See id.
\13\ See 19 CFR 351.310.
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we normally will
direct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of steel threaded rod from Thailand, as
described in the ``Scope of the Investigation'' section, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. However, because we
have preliminarily found critical circumstances exist with regard to
[[Page 79672]]
exports by Tycoons and All Others, we will instruct CBP to suspend
liquidation of covered entries entered, or withdrawn from warehouse,
for consumption up to 90 days prior to the date of publication of this
notice in the Federal Register.\14\
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\14\ See section 733(e)(2) of the Act.
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Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \15\ equal to the preliminary weighted-average
amount by which normal value exceeds U.S. price, as indicated in the
chart above, as follows: (1) The rate for the firm listed above will be
the rate we have determined in this preliminary determination; (2) if
the exporter is not a firm identified in this investigation, but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 68.41 percent. These suspension of liquidation
instructions will remain in effect until further notice.
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\15\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV. If
our final determination in this proceeding is affirmative, section
735(b)(2) of the Act requires that the ITC make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
steel threaded rod from Thailand before the later of 120 days after the
date of this preliminary determination or 45 days after our final
determination.
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act.
Dated: December 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation 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 this
investigation are nonheaded 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 this investigation 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 2
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 subheadings
7318.15.5051, 7318.15.5056, 7318.15.5090 and 7318.15.2095 of the
Harmonized Tariff Schedule of the United States (``HTSUS'').
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
Excluded from the scope of this investigation 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, and ASTM A320 Grade L7.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Investigation
3. Respondent Selection
4. Application of Facts Available and Adverse Facts Available
5. All Others Rate
6. Critical Circumstances
7. Recommendation
[FR Doc. 2013-31341 Filed 12-30-13; 8:45 am]
BILLING CODE 3510-DS-P