[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71743-71746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28461]
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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 of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') published the
Preliminary Results of the fourth administrative review of the
antidumping duty order on certain steel threaded rod from the People's
Republic of China (``PRC'') on May 28, 2014.\1\ We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments and information received, we made
changes to the margin calculations for these final results. The final
dumping margins are listed below in the ``Final Results of
Administrative Review'' section of this notice. The period of review
(``POR'') is April 1, 2012, through March 31, 2013.
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\1\ See Certain Steel Threaded Rod from the People's Republic of
China: Preliminary Results and Partial Rescission of the Antidumping
Duty Administrative Review; 2012-2013, 79 FR 30543 (May 28, 2014)
(``Preliminary Results''), and accompanying Decision Memorandum.
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DATES: Effective Date: December 3, 2014.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Jerry Huang, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-1394
or 202-482-4047, respectively.
[[Page 71744]]
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on May 28,
2014.\2\ Between May 21, 2014, and July 15, 2014, the Department issued
supplemental questionnaires to RMB Fasteners Ltd., IFI & Morgan Ltd.,
and Jiaxing Brother Standard Part Co., Ltd. (collectively ``the RMB/IFI
Group''). On June 18, 2014, and July 22, 2014, the RMB/IFI Group
submitted its responses to those supplemental questionnaires.
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\2\ Id.
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In accordance with 19 CFR 351.309, we invited parties to comment on
our Preliminary Results. Between August 4, 2014, and August 11, 2014,
interested parties submitted case and rebuttal briefs. Additionally, on
August 25, 2014, the Department extended the deadline for the final
results to November 4, 2014.\3\ Moreover, on October 22, 2014, the
Department again extended the final results to November 24, 2014.\4\
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\3\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James Doyle, Office Director, from Julia Hancock, Senior
International Trade Compliance Analyst, ``Certain Steel Threaded Rod
from the People's Republic of China: Extension of Deadline for Final
Results of Administrative Review'' (August 25, 2014).
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James Doyle, Office Director, from Jerry Huang, Senior
International Trade Compliance Analyst, ``Certain Steel Threaded Rod
from the People's Republic of China: Second Extension of Deadline
for Final Results of Administrative Review'' (October 22, 2014).
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Scope of the Order
The merchandise covered by the order includes steel threaded rod.
The subject merchandise 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
HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope of the order, which is contained
in the accompanying Issues and Decision Memorandum (``I&D Memo''), is
dispositive.\5\
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\5\ For a full description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum for the Final Results of Fourth Antidumping Duty
Administrative Review: Certain Steel Threaded Rod from the People's
Republic of China'' (November 21, 2014) (``I&D Memo'').
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties in these reviews in the I&D Memo, and attached to this notice,
in Appendix I, a list of the issues which parties raised. The I&D Memo
is a public document and is on file in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building, as
well as electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
ACCESS is available to registered users at http://access.trade.gov and
in the CRU. In addition, a complete version of the I&D Memo can be
accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the I&D
Memo are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we revised the
margin calculations for the RMB/IFI Group. Specifically, we
incorporated into our calculations a revised database that was
submitted by the RMB/IFI Group after the Preliminary Results.\6\ For a
list of all issues addressed in these final results, please refer to
Appendix I accompanying this notice.
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\6\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office V, from Julia Hancock and Jerry Huang,
Senior Case Analysts, Office V, ``Final Results for RMB/IFI Group''
(November 21, 2014) (``RMB/IFI Group Final Results Analysis Memo'').
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PRC-Wide Rate and PRC-Wide Entity
For the PRC-Wide Entity, the Department in the Preliminary Results
assigned the rate of 206 percent, the only rate ever determined for the
PRC-Wide Entity in this proceeding.\7\ Because this rate is the same as
the PRC-Wide rate from previous segments in this proceeding and nothing
on the record of the instant review calls into question the reliability
of the PRC-Wide rate, we find it appropriate to continue to apply the
PRC-Wide rate of 206 percent.\8\
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\7\ See Preliminary Results, 79 FR at 30544, and accompanying
Decision Memorandum at 5-6.
\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, 8910 (February 27, 2009).
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In the Preliminary Results, the Department determined that those
companies which did not demonstrate eligibility for a separate rate are
properly considered part of the PRC-Wide Entity.\9\ Since the
Preliminary Results, none of these companies submitted comments
regarding these findings. Therefore, we continue to treat these
companies as part of the PRC-Wide Entity.\10\
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\9\ See Preliminary Results, 79 FR at 30544, and accompanying
Decision Memorandum at 5-6.
\10\ For a list of companies that are subject to this
administrative review as part of the PRC-Wide Entity, see Appendix
II to this notice.
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Additionally, in the Preliminary Results, for 68 companies, the
Department found that, while the request for review had been withdrawn,
none of these companies had a separate rate. Accordingly, these 68
companies remained part of the PRC-wide entity, which remained under
review for the Preliminary Results.\11\ Thus, the Department did not
rescind the review for any of these 68 companies in the Preliminary
Results.\12\ Since the Preliminary Results, no party has presented any
information to the contrary and thus, these 68 companies remain part of
the PRC-Wide Entity, which remains under review for the final
results.\13\
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\11\ See Preliminary Results, 79 FR at 30544, and accompanying
Decision Memorandum at 5-6.
\12\ See, e.g., Narrow Woven Ribbons With Woven Selvedge From
the People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 77 FR 47363,
47365 (August 8, 2012), unchanged in Narrow Woven Ribbons With Woven
Selvedge From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010- 2011, 78 FR 10130
(February 13, 2013). A change in practice with respect to the
conditional review of the PRC-wide entity is not applicable to this
administrative review. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65964,
65969-70 (November 4, 2013).
\13\ For a list of companies that are subject to this
administrative review as part of the PRC-Wide Entity, see Appendix
II to this notice.
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Final Results of Administrative Review
The weighted-average dumping margins for the administrative review
are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
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IFI & Morgan Ltd. and RMB Fasteners Ltd. (collectively 47.62
``RMB/IFI Group'')........................................
PRC-Wide Rate \14\......................................... 206.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.212(b), the
[[Page 71745]]
Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of the final
results of this administrative review.
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\14\ The PRC-Wide Entity includes the companies listed in
Appendix II to this notice.
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Where the respondent reported reliable entered values, we
calculated importer (or customer)-specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\15\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party by the total
sales quantity associated with those transactions, the Department will
direct CBP to assess importer-specific assessment rates based on the
resulting per-unit rates.\16\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis, the
Department will instruct CBP to collect the appropriate duties at the
time of liquidation.\17\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\18\
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
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The Department announced a refinement to its assessment practice in
non-market economy cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-Wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-Wide rate.\19\
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\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 Act: (1) For the exporters
listed above, 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 separate rates, 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 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 shall remain in effect until further notice.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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 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 or 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 these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Issues and Decision Memorandum
Comment I: Selection of the Surrogate Country
Comment II: Surrogate Value for Steel Wire Rod
Comment III: Surrogate Financial Ratio Calculations
Comment IV: Surrogate Value for Brokerage and Handling
Comment V: Denominator for Brokerage and Handling, and Inland
Freight
Comment VI: Zeroing Methodology
Appendix II--Companies Subject to the Administrative Review That Are
Part of the PRC-Wide Entity
Aihua Holding Group Co. Ltd.
Autocraft Industry (Shanghai) Ltd.
Autocraft Industry Ltd.
Billion Land Ltd.
C And H International Corporation
Changshu City Standard Parts Factory
China Brother Holding Group Co. Ltd.
China Friendly Nation Hardware Technology Limited
Ec International (Nantong) Co. Ltd.
Fastco (Shanghai) Trading Co., Ltd.
Fastwell Industry Co. Ltd.
Fuda Xiongzhen Machinery Co., Ltd.
Fuller Shanghai Co. Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Haiyan Evergreen Standard Parts Co. Ltd.
Haiyan Hurras Import & Export Co. Ltd.
Haiyan Hurras Import Export Co. Ltd.
Haiyan Jianhe Hardware Co. Ltd.
Hangzhou Everbright Imp. & Exp. Co. Ltd.
Hangzhou Grand Imp. & Exp. Co., Ltd.
Hangzhou Great Imp. & Exp. Co. Ltd.
Hangzhou Lizhan Hardware Co. Ltd.
Hangzhou Tongwang Machinery Co., Ltd.
Jiabao Trade Development Co. Ltd.
Jiangsu Zhongweiyu Communication Equipment Co. Ltd.
Jiashan Steelfit Trading Co. Ltd.
Jiaxing Brother Standard Part
Jiaxing Yaoliang Import & Export Co. Ltd.
Jinan Banghe Industry & Trade Co., Ltd.
Macropower Industrial Inc.
Midas Union Co., Ltd.
Nanjing Prosper Import & Export Corporation Ltd.
New Pole Power System Co. Ltd.
Ningbiao Bolts & Nuts Manufacturing Co.
Ningbo Beilun Milfast Metalworks Co. Ltd.
Ningbo Dexin Fastener Co. Ltd.
Ningbo Dongxin High-Strength Nut Co., Ltd.
Ningbo Fastener Factory
Ningbo Fengya Imp. And Exp. Co. Ltd.
Ningbo Haishu Holy Hardware Import And Export Co. Ltd.
Ningbo Haishu Wit Import & Export Co. Ltd.
Ningbo Haishu Yixie Import & Export Co. Ltd.
Ningbo Jinding Fastening Pieces Co., Ltd.
Ningbo Mpf Manufacturing Co. Ltd.
Ningbo Panxiang Imp. & Exp, Co. Ltd.
[[Page 71746]]
Ningbo Yinzhou Foreign Trade Co., Ltd.
Ningbo Zhongjiang High Strength Bolts Co. Ltd
Ningbo Zhongjiang Petroleum Pipes & Machinery Co. Ltd.
Orient International Holding Shanghai Rongheng Intl Trading Co. Ltd.
Prosper Business And Industry Co., Ltd.
Qingdao Free Trade Zone Health Intl.
Qingdao Top Steel Industrial Co. Ltd.
Shaanxi Succeed Trading Co., Ltd.
Shanghai East Best Foreign Trade Co.
Shanghai East Best International Business Development Co., Ltd.
Shanghai Fortune International Co. Ltd.
Shanghai Furen International Trading
Shanghai Nanshi Foreign Economic Co.
Shanghai Overseas International Trading Co. Ltd.
Shanghai Printing & Dyeing And Knitting Mill
Shanghai Printing & Packaging Machinery Corp.
Shanghai Recky International Trading Co., Ltd.
Shanghai Sinotex United Corp. Ltd.
T and C Fastener Co. Ltd.
T and L Industry Co. Ltd.
Wuxi Metec Metal Co. Ltd.
Zhejiang Heiter Industries Co., Ltd.
Zhejiang Heiter Mfg & Trade Co. Ltd.
Zhejiang Jin Zeen Fasteners Co. Ltd.
Zhejiang Morgan Brother Technology Co. Ltd.
Zhejiang Yanfei Industrial Co., Ltd (a/k/a Jiangsu Ronry Nico Co.,
Ltd., Formerly Jiangsu Yanfei Industrial Co., Ltd.)
[FR Doc. 2014-28461 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P