[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63693-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25549]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-932)


Certain Steel Threaded Rod from the People's Republic of China: 
Amended Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: October 27, 2008.
SUMMARY: On October 8, 2008, the Department of Commerce 
(``Department'') published the preliminary determination of sales at 
less than fair value (``LTFV'') in the antidumping investigation of 
certain steel threaded rod from the People's Republic of China 
(``PRC''). See Certain Steel Threaded Rod from the People's Republic of 
China: Preliminary Determination of Sales at Less Than Fair Value, 73 
FR 58931 (October 8, 2008) (``Preliminary Determination''). We are 
amending our Preliminary Determination to correct certain ministerial 
errors with respect to the antidumping duty margin calculation for RMB 
Fasteners Ltd. and IFI and Morgan Ltd. (collectively, ``RMB & IFI 
Group''). The corrections to the RMB & IFI Group margin also affect the 
margin assigned to the companies receiving a separate rate.

FOR FURTHER INFORMATION CONTACT: Bobby Wong, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC, 20230; telephone: (202) 482-0409.

SUPPLEMENTARY INFORMATION: On October 8, 2008, the Department published 
in the Federal Register the preliminary determination that certain 
steel threaded rod from the PRC are being, or are likely to be, sold in 
the United States at LTFV, as provided in section 733 of the Tariff Act 
of 1930, as amended (``Act''). See Preliminary Determination.
    On October 8, 2008, the RMB & IFI Group filed timely allegations of 
ministerial errors contained in the Department's Preliminary 
Determination. After reviewing the allegations, we have determined that 
the Preliminary Determination included significant ministerial errors. 
Therefore, in accordance with section 351.224(e) of the Department's 
regulations, we have made changes, as described below, to the 
Preliminary Determination.

Period of Investigation

    The period of investigation is July 1, 2007, through December 31, 
2007. This period corresponds to the two most recent fiscal quarters 
prior to the month of the filing of the petition, March 5, 2008. See 
section 351.204(b)(1) of the Department's regulations.

Scope of 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.
    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 subheading 
7318.15.5060 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive.
    Excluded from the scope of the 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, or ASTM A320 Grade L7.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

Significant Ministerial Error

    Ministerial errors are defined in section 735(e) of the Act as 
``errors in addition, subtraction, or other arithmetic function, 
clerical errors resulting from inaccurate copying, duplication, or the 
like, and any other type of unintentional error which the administering 
authority considers ministerial.'' Section 351.224(e) of the 
Department's regulations provides that the Department ``will analyze 
any comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination.'' A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in (1) a change of at least five absolute percentage points in, 
but not less than 25 percent of, the weighted-average dumping margin 
calculated in the original (erroneous) preliminary determination, or 
(2) a difference between a weighted-average dumping margin of zero or 
de minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa. See section 351.224(g) of the Department's 
regulations.

[[Page 63694]]

Ministerial Error Allegations

Domestic & International Movement Expenses

    The RMB & IFI Group argues that the Department incorrectly 
calculated the domestic movement and international movement expenses in 
the Department's calculation of U.S. price, by applying the incorrect 
units of measure. The RMB & IFI Group contends that the resulting 
weighted-average dumping margin was significantly inflated. See 
Memorandum to the File from Bobby Wong, Senior International Trade 
Analyst, through Scot T. Fullerton, Program Manager, AD/CVD Operations, 
Office 9: Antidumping Duty Investigation of Certain Steel Threaded Rod 
from the People's Republic of China: RMB & IFI Program Analysis for the 
Preliminary Determination, dated October 8, 2008. The RMB & IFI Group 
stated that a correction to the units of measure corresponding to 
domestic and international movement expenses would significantly reduce 
the calculated dumping margin, and would constitute a significant error 
as set forth in the statute. Therefore, the RMB & IFI Group urges that 
the Department correct the unit of measure used in the calculation of 
domestic and international movement expenses in the margin calculation 
program and in the company analysis memorandum.
    With respect to domestic movement expenses, the Department finds 
that it overlooked the fact that the RMB & IFI Group reported the net-
weight on an inconsistent unit of measure from the other data reported 
in U.S. sales database and, thus, the Department did not correct for 
the inconsistency.
    Furthermore, with respect to international movement expenses, the 
Department agrees that the surrogate marine insurance expense should 
also be assessed using respondent's reported unit of measure rather 
than the total value of the shipment.
    Therefore, we agree that the Department did not correctly calculate 
domestic and international movement expenses using a consistent unit of 
measure. This error qualifies as a ministerial error in accordance with 
section 735(e) of the Act. For detailed discussion, see Memorandum to 
File from Bobby Wong, Case Analyst; Investigation of Certain Steel 
Threaded Rod from the People's Republic of China: RMB & IFI Group 
Amended Preliminary Analysis Memorandum, dated concurrent with this 
Federal Register notice (``RMB & IFI Group Amended Prelim Analysis 
Memorandum'').

Amended Preliminary Determination

    We determine that these allegations qualify as ministerial errors 
as defined in section 351.224(g) of the Department's regulations 
because they result in a change of more than five absolute percentage 
points to the RMB & IFI Group's dumping margin. Accordingly, we have 
corrected the errors alleged by the RMB & IFI Group. See RMB & IFI 
Group Amended Prelim Analysis Memorandum.
    As a result of correcting the above errors in the RMB & IFI Group 
calculations, the margin for the companies granted separate-rate status 
must also be revised because the margin for those companies was 
partially derived from the RMB & IFI Group margin. See Memorandum to 
the File from Bobby Wong, Senior Analyst; Investigation of Certain 
Steel Threaded Rod from the People's Republic of China: Amended 
Preliminary Weight-Averaged Margin for Separate Rate Companies, dated 
concurrent with this Federal Register notice.
    As a result of the corrected ministerial errors, the weighted-
average dumping margins are:

                 Certain Steel Threaded Rod from the PRC
------------------------------------------------------------------------
                                                        Weighted-Average
           Exporter                    Producer              Margin
------------------------------------------------------------------------
RMB Fasteners Ltd., and IFI &   Jiaxing Brother            40.49[percnt]
 Morgan Ltd. (``RMB and IFI      Fastener Co., Ltd.
 Group'').                       (aka Jiaxing Brother
                                 Standard Parts Co.,
                                 Ltd.).
Ningbo Yinzhou Foreign Trade    Zhejiang Guorui           176.57[percnt]
 Co. Ltd..                       Industry Co., Ltd.;
                                 or Ningbo Daxie
                                 Chuofeng Industrial
                                 Development Co. Ltd..
------------------------------------------------------------------------


------------------------------------------------------------------------
    Separate Rates Entities            Producer              Margin
------------------------------------------------------------------------
Shanghai Recky International    Shanghai Xiangrong         55.48[percnt]
 Trading Co., Ltd..              International
                                 Trading Co., Ltd.;
                                 Shanghai Xianglong
                                 International
                                 Trading Co., Ltd.;
                                 Pighu City Zhapu
                                 Screw Cap Factory;
                                 or Jiaxing Xinyue
                                 Standard Part Co.,
                                 Ltd..
Suntec Industries Co., Ltd....  Jiaxing Xinyue             55.48[percnt]
                                 Standard Part Co.,
                                 Ltd.; or Haiyan
                                 County No. 1
                                 Fasteners Factory.
Hangzhou Grand Imp. & Exp.      Zhapu Creative             55.48[percnt]
 Co., Ltd..                      Standard Parts
                                 Material Co., Ltd..
Shanghai Prime Machinery Co.    Haiyan Yida Fasteners      55.48[percnt]
 Ltd..                           Co., Ltd.; or
                                 Jiaxing Xinyue
                                 Standard Part Co.,
                                 Ltd..
Jiaxing Xinyue Standard Part    Jiaxing Xinyue             55.48[percnt]
 Co., Ltd..                      Standard Part Co.,
                                 Ltd..
Certified Products              Jiashan Zhongsheng         55.48[percnt]
 International Inc..             Metal Products Co.,
                                 Ltd.; or Jiaxing
                                 Xinyue Standard Part
                                 Co., Ltd..
Zhejiang New Oriental Fastener  Zhejiang New Oriental      55.48[percnt]
 Co., Ltd..                      Fastener Co., Ltd..
Jiashan Zhongsheng Metal        Jiashan Zhongsheng         55.48[percnt]
 Products Co., Ltd..             Metal Products Co.,
                                 Ltd..
Haiyan Dayu Fasteners Co.,      Haiyan Dayu Fasteners      55.48[percnt]
 Ltd..                           Co., Ltd..
PRC-wide Entity...............  .....................     206.00[percnt]
------------------------------------------------------------------------

    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Act.

Postponement of the Final Determination

    In the Preliminary Determination, the Department stated that it 
would make its final determination for this antidumping duty 
investigation no later than 75 days after the preliminary 
determination.
    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days

[[Page 63695]]

after the date of the publication of the preliminary determination if, 
in the event of an affirmative determination, a request for such 
postponement is made by exporters who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by petitioner. In addition, section 351.210(e)(2) of the 
Department's regulations require that requests by respondents for 
postponement of a final determination be accompanied by a request for 
extension of provisional measures from a four month period to not more 
than six months.
    On October 8, 2008, Ningbo Yinzhou Foreign Trade Co., Ltd., one of 
the two mandatory respondents, requested a 60-day extension of the 
final determination and extension of the provisional measures. Thus, 
because our amended preliminary determination is affirmative, and the 
respondent requesting a postponement of the final determination and an 
extension of the provisional measures, accounts for a significant 
proportion of exports of steel threaded rod, and no compelling reasons 
for denial exist, we are postponing the deadline for the final 
determination by 60 days until February 20, 2009, based on the 
publication date of the Preliminary Determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
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, or sales (or the 
likelihood of sales) for importation, of the merchandise under 
investigation, within 45 days of our final determination.
    This determination is issued and published in accordance with 
sections 733(f), 735(a)(2), and 777(i) of the Act and sections 
351.210(g) and 351.224(e) of the Department's regulations.

    Dated: October 20, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-25549 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-DS-S