[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26222-26224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11082]


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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 the Antidumping Duty Administrative Review; 
2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
the fifth administrative review of the antidumping duty order on 
certain steel threaded rod (``STR'') from the People's Republic of 
China (``PRC''),\1\ for the period of review (``POR''), April 1, 2013, 
to March 31, 2014. The Department selected two respondents for 
individual review, Gem-Year Industrial Co., Ltd. (``Gem-Year''), and 
the RMB/IFI Group.\2\ We preliminary determine that Gem-Year and the 
RMB/IFI Group failed to cooperate by not acting to the best of their 
ability to comply with the Department's request for information, 
warranting the application of facts otherwise available with adverse 
inferences, pursuant to sections 776(a)-(b) of the Tariff Act of 1930, 
as amended (``Act''). As a part of the application of adverse facts 
available (``AFA''), we preliminarily determine to treat Gem-Year and 
the RMB/IFI Group as part of the PRC-wide entity.\3\ If these 
preliminary results are adopted in the final results, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to assess 
antidumping duties on all appropriate entries of subject merchandise 
during the POR. Interested parties are invited to comment on these 
preliminary results.
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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'').
    \2\ RMB Fasteners Ltd., IFI & Morgan Ltd., and Jiaxing Brother 
Standard Part Co., Ltd. (collectively ``the RMB/IFI Group'').
    \3\ See Department Memorandum, ``Certain Steel Threaded Rod from 
the People's Republic of China: Decision Memorandum for the 
Preliminary Results of the 2013-2014 Antidumping Duty Administrative 
Review,'' (``Preliminary Decision Memorandum''), dated concurrently 
with these results and hereby adopted by this notice.

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DATES: Effective Date: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Jerry Huang, AD/CVD 
Operations, Office V, Enforcement and Compliance, 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:

Background

    On May 29, 2014, the Department initiated an administrative review 
of the antidumping duty order on certain steel threaded rod from the 
PRC for the period, April 1, 2013, through March 31, 2014, for 92 
companies.\4\ On June 18, 2014, Vulcan Threaded Products, Inc. 
(``Petitioner'') timely withdrew its request for an administrative 
review of 83 companies.\5\ On September 23, 2014,

[[Page 26223]]

the Department rescinded this administrative review with respect to 83 
companies named in the Initiation Notice based on the timely withdrawal 
of requests for review,\6\ in accordance with 19 CFR 351.213(d)(1).\7\ 
Accordingly, nine companies remain under review for these preliminary 
results.
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
30809 (May 29, 2014) (``Initiation Notice'').
    \5\ See Letter to the Department from Petitioner, ``Fifth 
Administrative Review of Certain Steel Threaded Rod from China: 
Petitioner's Withdrawal of Review Requests for Specific Companies'' 
(June 18, 2014).
    \6\ See Certain Steel Threaded Rod from the People's Republic of 
China: Partial Rescission of Antidumping Duty Administrative Review, 
79 FR 56768, (September 23, 2014) (``Partial Rescission Notice'').
    \7\ Id.
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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 subheading is provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.\8\
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    \8\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
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PRC-Wide Entity

    As noted above, a review was requested, but not rescinded, for nine 
companies. Aside from the mandatory respondents, Gem-Year and RMB/IFI 
Group, the remaining seven companies are not eligible for separate rate 
status or rescission because none submitted a completed separate rate 
application or certification.\9\ Accordingly, these seven companies are 
part of the PRC-wide entity. Additionally, the Department preliminarily 
determines that Gem-Year and the RMB/IFI Group, the mandatory 
respondents, failed to cooperate by not acting to the best of their 
abilities to comply with requests for information, and therefore, 
neither is eligible for a separate rate. Accordingly, the Department 
preliminarily finds, based on AFA, that the PRC-wide entity also 
includes these two companies.\10\
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    \9\ These companies are: (1) Fastco (Shanghai) Trading Co., 
Ltd., (2) Haiyan Dayu Fasteners Co., Ltd., (3) Jiaxing Brother 
Standard Part, (4) Midas Union Co., Ltd., (5) Shanghai P&J 
International Trading Co., Ltd., (6) New Pole Power System Co. Ltd., 
and (7) Zhejiang Morgan Brother Technology Co., Ltd.
    \10\ See section 776(b) of the Act.
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    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\11\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate is not subject to change, (i.e., 206 percent).\12\
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    \11\ 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 65963 (November 4, 2013).
    \12\ See Certain Steel Threaded Rod From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 79 FR 71743, 71744 and accompanying Issues and Decision 
Memorandum (``4th AR STR Final Results'').
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision 
Memorandum.\13\ 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 (``ACCESS''). ACCESS is available to registered users at http://access.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://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \13\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix II to this notice.
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Preliminary Results of Review

    The Department preliminarily determines that, for the period April 
1, 2013, through March 31, 2014, the companies identified in Appendix I 
to this notice are part of the PRC-wide entity.

Public Comment & Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\14\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\15\ Parties who submit arguments are requested to 
submit with the argument (a) a statement of the issue, (b) a brief 
summary of the argument, and (c) a table of authorities.\16\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing system, ACCESS.
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1)-(2).
    \16\ See 19 CFR 351.309(c)(2), (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\17\ Hearing 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. Oral presentations will be limited to issues raised in 
the briefs.\18\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\19\
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    \17\ See 19 CFR 351.310(c).
    \18\ Id.
    \19\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

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.\20\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \20\ See 19 CFR 351.212(b).
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    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results, 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 to the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- 
(or customer-) specific ad valorem rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\21\ Where either a respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to

[[Page 26224]]

liquidate appropriate entries without regard to antidumping duties.\22\ 
We intend to instruct CBP to liquidate entries containing subject 
merchandise exported by the PRC-wide entity at the PRC-wide rate.
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    \21\ See 19 CFR 351.212(b)(1).
    \22\ See 19 CFR 351.106(c)(2).
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    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases.\23\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during the 
administrative 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.\24\
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    \23\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \24\ Id.
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    In accordance with section 751(a)(2)(C) of the Act, 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 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 any companies listed that 
have a separate rate, 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 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 the 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 double antidumping duties.
    These preliminary results are 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 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Companies Subject to the Administrative Review That Are 
Preliminarily Determined To Be Part of the PRC-Wide Entity

Fastco (Shanghai) Trading Co., Ltd.
Gem-Year Industrial Co., Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Jiaxing Brother Standard Part Co., Ltd., IFI & Morgan Ltd. and RMB 
Fasteners Ltd. (collectively ``RMB/IFI Group'')
Jiaxing Brother Standard Part.
Midas Union Co., Ltd.
New Pole Power System Co. Ltd.
Shanghai P&J International Trading Co., Ltd.
Zhejiang Morgan Brother Technology Co. Ltd.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum:

Summary
    1. Background
    2. Verification
    3. Respondent Selection
    4. Scope of the Order
    5. Questionnaires
    6. Non-Market Economy Country
    7. PRC-Wide Entity
    8. Separate Rates
    9. Application of Facts Available and Use of Adverse Inference
    10. Conclusion

[FR Doc. 2015-11082 Filed 5-6-15; 8:45 am]
BILLING CODE 3510-DS-P