[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.
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Weighted average
Exporter dumping margin
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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
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* 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