[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21101-21104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08243]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting an 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, 2011, through March 31, 2012. The Department has 
preliminarily determined that RMB Fasteners Ltd., IFI & Morgan Ltd., 
and Jiaxing Brother Standard Part Co., Ltd. (collectively ``the RMB/IFI 
Group'') sold subject merchandise in the United States at prices below 
normal value (``NV'').

DATES: Effective Date: April 9, 2013.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Jerry Huang, AD/CVD

[[Page 21102]]

Operations, Office 9, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 
482-4047, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the order includes steel threaded rod. 
The subject merchandise is currently classifiable under subheading 
7318.15.5050, 7318.15.5090, and 7318.15.2095 of the United States 
Harmonized Tariff Schedule (``HTSUS''). Although the HTSUS subheading 
is provided for convenience and customs purposes, the written 
description of the merchandise is dispositive.\1\
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    \1\ See Certain Steel Threaded Rod from the People's Republic of 
China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 
2009) (``Order''). For a full description of the scope of the Order, 
see Memorandum from Edward C. Yang, Senior Director, China/Non-
Market Economy Unit, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Decision Memorandum for Preliminary Results of 
Third Antidumping Duty Administrative Review: Certain Steel Threaded 
Rod from the People's Republic of China,'' (``Preliminary Decision 
Memorandum''), dated April 2, 2013.
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Preliminary Determination of No Reviewable Transactions

    Certified Products International, Inc. (``CPI'') filed a timely no-
shipment certification indicating that it had no shipments of subject 
merchandise to the United States during the POR. Subsequent to 
receiving CPI's no-shipment certification, the Department examined 
entry statistics obtained from U.S. Customs and Border Protection 
(``CBP''). The Department also issued no-shipment inquiries to CBP, 
asking it to respond only if it had information that the above-
identified company may have shipped entries of subject merchandise 
during the POR. We did not receive any response from CBP, thus 
indicating that there were no entries of subject merchandise into the 
United States exported by CPI. After reviewing CPI's submission and the 
CBP information, we preliminarily determine that CPI did not have any 
reviewable transactions during the POR.
    Additionally, Jiangxi Xinyue Standard Part Co., Ltd. (``Jiaxing 
Xinyue'') submitted a separate rate certification for this 
administrative review. However, the CBP data used for respondent 
selection indicate no entries of the subject merchandise were made by 
the Jiaxing Xinyue during the POR. Additionally, the CBP 7501 Forms 
provided by Jiaxing Xinyue's importer indicate that the entries of the 
merchandise that Jiaxing Xinyue claims were subject to the Order were 
not subject to antidumping duty liability. Because the entry data 
obtained from CBP show that Jiaxing Xinyue had no entries subject to 
antidumping duties during the POR, which is consistent with the 
information placed on the record by Jiaxing Xinyue, we preliminarily 
determine that Jiaxing Xinyue had no reviewable entries of subject 
merchandise during the POR.\2\ Additionally, we intend to refer this 
matter to CBP to investigate whether Jiaxing Xinyue's entries were 
entered improperly.
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    \2\ Citing Hubbell Power Systems, Inc. v. United States, Court 
No. 11-00474, Slip Op. 12-123 (Ct. Int'l Trade 2012) (``Hubbell''), 
Jiaxing Xinyue contends that its lack of suspended entries of 
subject merchandise during the POR should not affect the 
Department's evaluation of its separate rate certification. See 
Jiaxing Xinyue's October 26, 2012 Submission: Steel Threaded Rod 
from the PRC (October 26, 2012) at 1. However, unlike the respondent 
in Hubbell, Jiaxing Xinyue has previously established its 
eligibility for a separate rate. See Certain Steel Threaded Rod From 
the People's Republic of China: Final Results and Final Partial 
Rescission of Antidumping Duty Administrative Review, 76 FR 68400, 
68402 (November 4, 2011). Moreover, the requirement for reviewable 
transactions is consistent with the retrospective nature of duty 
assessment under U.S. law and the stated purpose of administrative 
reviews to ``review, and determine * * * the amount of any 
antidumping duty'' to be assessed upon imports of subject 
merchandise entered during the applicable period of review. See 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the 
Act''); see also Dofasco Inc. v. United States, 390 F.3d 1370, 1372 
(Fed. Cir. 2004) (stating that the purpose of the administrative 
review is to determine the duty liability for the review period).
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    Moreover, with respect to both CPI and Jiaxing Xinyue, the 
Department finds that consistent with its recently announced refinement 
to its assessment practice in non-market economy (``NME'') cases, as 
further discussed below, it is appropriate not to rescind the review, 
in part, in these circumstances but, rather, to complete the review 
with respect to these companies and issue appropriate instructions to 
CBP based on the final results of the review.\3\
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    \3\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
``Assessment Rates'' section below.
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PRC-Wide Entity

    In these preliminary results, 64 companies are not eligible for 
separate rate status or rescission, as they did not submit separate 
rate applications or certifications.\4\ As a result, these 64 companies 
are under review as part of the PRC-wide entity. For our determination 
with respect to the PRC-wide entity, see the Preliminary Decision 
Memorandum.
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    \4\ See Appendix II for the list of these companies.
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    On July 26, 2012, Vulcan Threaded Products Inc. (``Petitioner'') 
timely withdrew its request for review for five companies: (1) 
Autocraft Industry Ltd.; (2) Autocraft Industry (Shanghai) Ltd.; (3) 
Fuda Xiongzhen Machinery Co., Ltd.; (4) Shanghai Furen International 
Trading; and (5) Shanghai Printing and Packaging Machinery Corp. No 
other party requested a review on these five companies.
    For those five companies for which a review was initiated, for 
which all review requests have been withdrawn, and which previously 
received separate rate status in a prior segment of this case, it is 
the Department's practice to rescind the administrative review, in 
accordance with 19 CFR 351.213(d)(1). However, none of these five 
companies have a separate rate. While the requests for review of these 
companies were timely withdrawn, those companies remain a part of the 
PRC-wide entity. The PRC-wide entity is under review for these 
preliminary results. Thus, we are not rescinding this review with 
respect to these companies at this time, but the Department will make a 
determination with respect to the PRC-wide entity at the conclusion of 
these preliminary results and final results.\5\
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    \5\ 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).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Act. Constructed export prices (``CEP'') have been 
calculated in accordance with section 772 of the Act. Because the PRC 
is an NME within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act. Specifically, 
the RMB/IFI Group's factors of production (``FOPs'') have been valued 
in Thai surrogate value data. Thailand is economically comparable to 
the PRC and is a significant producer of comparable merchandise. To 
determine the appropriate comparison method, the Department applied a 
``differential pricing'' analysis and has preliminarily determined to 
use the average-to-average method in making comparisons of export price 
or CEP and NV for the RMB/IFI Group. For a full description of the 
methodology underlying our

[[Page 21103]]

conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary Decision Memorandum 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, 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://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Intent Not To Revoke Order in Part

    We preliminarily find that the RMB/IFI Group has not satisfied the 
requirements of 19 CFR 351.222(b).\6\ Thus, under section 751 of the 
Act, we preliminarily determine not to revoke in part the order with 
respect to the RMB/IFI Group.\7\
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    \6\ The Department recently published a final rule amending this 
section of its regulations concerning the revocation of antidumping 
and countervailing duty order in whole or in part, but that final 
rule does not apply to this administrative review. See Modification 
to Regulation Concerning the Revocation of Antidumping and 
Countervailing Duty Order, 77 FR 29875 (May 21, 2012). Reference to 
19 CFR 351.222(b) thus refers to the Department's regulations in 
effect prior to June 20, 2012.
    \7\ See Preliminary Decision Memorandum.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist.

------------------------------------------------------------------------
                                                      Weighted average
                     Exporter                          dumping margin
------------------------------------------------------------------------
Jiaxing Brother Standard Part Co., Ltd., IFI &                     20.05
 Morgan Ltd. and RMB Fasteners Ltd. (collectively
 ``RMB/IFI Group'')...............................
Zhejiang New Oriental Fastener Co., Ltd...........                *20.05
Certified Products International, Inc.............                    **
Jiangxi Xinyue Standard Part Co. Ltd..............                    **
PRC-wide Entity...................................                206.00
------------------------------------------------------------------------
* This company applied for or demonstrated eligibility for a separate
  rate in this administrative review. See Preliminary Decision
  Memorandum. The rate for this company is the calculated antidumping
  duty rate for the RMB/IFI Group.
** No reviewable shipments or sales subject to this review. The firms
  have either an individual rate or a separate rate from the last
  segment of the proceeding in which they had reviewable shipments or
  sales.

Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice. 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 Import Administration, U.S. Department of 
Commerce, filed 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 
Time within 30 days after the date of publication of this notice.\8\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, the Department 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, at a time and location to be determined. 
Parties should confirm by telephone the date, time, and location of the 
hearing. Interested parties are invited to comment on the preliminary 
results of this review.
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    \8\ See 19 CFR 351.310(c).
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    The Department will consider case briefs filed by interested 
parties within 30 days after the date of publication of this notice in 
the Federal Register.\9\ Interested parties may file rebuttal briefs, 
limited to issues raised in the case briefs.\10\ The Department will 
consider rebuttal briefs filed not later than five days after the time 
limit for filing case briefs. Parties who submit arguments are 
requested to submit with each argument a statement of the issue, a 
brief summary of the argument, and a table of authorities cited. The 
Department intends to issue the final results of this administrative 
review, including the results of our analysis of issues raised in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register.
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d).
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Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value FOPs under 19 CFR 
351.408(c) is 20 days after the date of publication of the preliminary 
results. In accordance with 19 CFR 351.301(c)(1), if an interested 
party submits factual information less than ten days before, on, or 
after (if the Department has extended the deadline), the applicable 
deadline for submission of such factual information, an interested 
party may submit factual information to rebut, clarify, or correct the 
factual information no later than ten days after such factual 
information is served on the interested party. However, the Department 
generally will not accept in the rebuttal submission additional or 
alternative surrogate value information not previously on the record, 
if the deadline for submission of surrogate value information has 
passed.\11\ Furthermore, the Department generally will not accept 
business proprietary information in either the surrogate value 
submissions or the rebuttals thereto, as the regulation regarding the 
submission of surrogate values allows only for the submission of 
publicly available information.\12\
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    \11\ See e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007) and accompanying 
Issues and Decision Memorandum at Comment 2.
    \12\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\13\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. For any individually examined respondent whose 
weighted average dumping

[[Page 21104]]

margin is above de minimis (i.e., 0.50 percent) in the final results of 
this review, the Department will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales and the total entered 
value of sales, in accordance with 19 CFR 351.212(b)(1).\14\ 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. 
Where either the respondent's 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. For those companies not assigned 
a separate rate from a prior segment of the proceeding, the Department 
has stated that they are not separate from the PRC-wide entity and that 
the administrative review will continue for these companies.\15\
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    \13\ See 19 CFR 351.212(b).
    \14\ In these preliminary 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).
    \15\ See Appendix I.
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    The Department recently announced a refinement to its assessment 
practice in NME 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.\16\
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    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; 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 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: April 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I

Exporter

Billion Land Ltd.
China Brother Holding Group Co. Ltd.
China Jiangsu International Economic Technical
Dongxiang Accuracy Hardware Co., Ltd.
EC International (Nantong) Co. Ltd.
Fastwell Industry Co. Ltd.
Fuller Shanghai Co. Ltd.
Gem-Year Industrial Co. Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Haiyan Hurras Import & Export Co. Ltd.
Haiyan Hurras Import Export Co. Ltd.
Haiyan Jianhe Hardware Co. Ltd.
Haiyan Julong Standard Part Co. Ltd.
Hangzhou Grand Imp. & Exp. Co., Ltd.
Jiangsu Dainan Zhenya Import & Export Co. Ltd.
Jiangsu Zhenya Special Screw Co., Ltd.
Jiashan Zhongsheng Metal Products Co., Ltd.
Jiaxing China Industrial Imp & Exp Co. a/k/a Jiaxing Cnindustrial Imp. 
& Exp. Co., Ltd.
Jiaxing SINI Fastener Co., Ltd.
Jiaxing Wonper Imp. & Exp. Co. Ltd.
Nanjing Prosper Import & Export Corporation Ltd.
Ningbiao Bolts & Nuts Manufacturing Co.
Ningbo Baoli Machinery Manufacture Co., Ltd.
Ningbo Beilun Milfast Metalworks Co. Ltd.
Ningbo Dexin Fastener Co. Ltd.
Ningbo Dongxin High-Strength Nut Co., Ltd.
Ningbo Fastener Factory.
Ningbo Grand Asia Import & Export Co., Ltd.
Ningbo Healthy East Import & Export.
Ningbo Jinding Fastening Piece Co., Ltd.
Ningbo Pal International Trading Co.
Ningbo Qunli Fastener Manufacture Co., Ltd.
Ningbo Shuanglin Auto Parts Co., Ltd.
Ningbo Shuanglin Industry Manufacturing Ltd.
Ningbo Xiangxiang Large Fasteners.
Ningbo XinXing Fasteners Manufacture Co., Ltd.
Ningbo Yinzhou Foreign Trade Co., Ltd.
Ningbo Yinzhou JH Machinery Co.
Ningbo Zhenghai Youngding Fastener Co., Ltd.
Ningbo Zhongjiang Petroleum Pipes & Machinery Co., Ltd.
Panther T&H Industry Co. Ltd.
PSGT Trading Jingjiang Ltd.
Qingdao Free Trade Zone Health Intl.
Shanghai East Best Foreign Trade Co.
Shanghai East Best International Business Development
Shanghai Fortune International Co. Ltd.
Shanghai Nanshi Foreign Economic Co.
Shanghai Overseas International Trading Co. Ltd.
Shanghai P&J International Trading Co., Ltd.
Shanghai Prime Machinery Co. Ltd.
Shanghai Printing & Dyeing and Knitting Mill.
Shanghai Recky International Trading Co., Ltd.
Suntec Industries Co., Ltd.
T and C Fastener Co. Ltd.
Tandem Industrial Co., Ltd.
Tong Ming Enterprise.
Wisechain Trading Ltd.
Xingtai City Xinxing Fasteners Co.
Zhejiang Artex Arts and Crafts.
Zhejiang Guangtai Industry and Trade.
Zhejiang Heiter Industries Co., Ltd.
Zhejiang Heiter MFG & Trade Co. Ltd.
Zhejiang Morgan Brother Technology Co. Ltd.
[FR Doc. 2013-08243 Filed 4-8-13; 8:45 am]
BILLING CODE 3510-DS-P