[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21189-21192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09140]


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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 and 
Rescission of Antidumping Duty Administrative Review, in Part; 2015-
2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily 
determines that mandatory respondent Zhejiang New Oriental Fastener 
Co., Ltd. (New Oriental), does not qualify for a separate rate and is, 
therefore, considered a part of the People's Republic of China (PRC)-
wide entity for its exports of subject merchandise exported to the 
United States during the period of review (POR), April 1, 2015, through 
March 31, 2016. We also preliminarily find that mandatory respondent 
IFI & Morgan Ltd. and RMB Fasteners Ltd. (RMB/IFI Group), did not have 
any reviewable transactions during the POR. 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 
(AD) on all appropriate entries of subject merchandise during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective May 5, 2017.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Courtney Canales, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington DC 20230; telephone: (202) 482-2312 or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2016, the Department published in the Federal Register 
the notice of initiation of an administrative review of the AD order on 
certain steel threaded rod (STR) from the PRC for the period of review 
April 1, 2015, through March 31, 2016. The Department initiated a 
review with respect to 117 companies.\1\ Subsequently, on September 12, 
2016, the Department published in the Federal Register a correction to 
the Initiation Notice, adding an additional three companies.\2\ The 
Department selected two mandatory respondents, New Oriental and RMB/IFI 
Group, based on highest volume of exports.\3\ Between September 6, 
2016, and April 5, 2017, the Department requested and received 
information from the RMB/IFI Group pertaining to RMB/IFI Group's claim 
of no shipments, and also received comments from Petitioner \4\ about 
this issue. The other mandatory respondent, New Oriental, did not 
respond to the Department's AD questionnaire. Tianjin Port Free Trade 
Zone Tianjin Star International Trade Co., Ltd. (Tianjin Star), 
submitted a separate rate application, and requested to be a mandatory 
or voluntary respondent, but it never responded to the Department's AD 
questionnaire. On September 21, 2016, the petitioner withdrew its 
request for review for 115 companies.\5\ However, the petitioner did 
not withdraw its request for review on New Oriental, RMB/IFI Group, 
Tianjin Star, Zhejiang Heiter Industries Co., Ltd. (Zhejiang Heiter 
Industries), and Zhejiang Heiter Mfg & Trade Co. Ltd. (Zhejiang Heiter 
Mfg).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 36272 (June 6, 2016) (Initiation 
Notice). The Initiation Notice inaccurately stated the period of 
review, which was corrected in a notice published on July 7, 2016. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 81 FR 44260, 44265 (July 7, 2016).
    \2\ See Initiation Notice, 81 FR at 62726 dated September 12, 
2016.
    \3\ See Respondent Selection Memo dated August 29, 2016.
    \4\ Vulcan Threaded Products Inc. (Vulcan) (the petitioner).
    \5\ See the petitioner'submission dated September 21, 2016.
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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.\6\
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    \6\ For a full description of the scope of the Order, see 
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary, 
AD/CVD Operations, to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, entitled, ``Certain Steel 
Threaded Rod from the People's Republic of China: Decision 
Memorandum for the Preliminary Results of the 2015-2016 Antidumping 
Duty Administrative Review'' (Preliminary Decision Memorandum), 
dated concurrently with, and hereby adopted by, this notice.
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Rescission of Review, In Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, ``in whole or in part, if a party that requested 
a review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' 
Petitioner timely withdrew its review requests with respect to 115 
companies. Because we received no other requests for review of these 
115 companies,\7\ we are rescinding the administrative review with 
respect to all companies except New Oriental, RMB/IFI Group, Tianjin 
Star, Zhejiang Heiter Industries and Zhejiang Heiter Mfg, in accordance 
with 19 CFR 351.213(d)(1).
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    \7\ See Appendix II for the list of companies.
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No Shipments

    On July 5, 2016, RMB/IFI Group filed a no-shipment certification 
indicating that it did not export subject merchandise to the United 
States during the POR. During the course of this review, the Department 
examined this no shipments claim and provides its analysis in the 
Preliminary Decision Memorandum.
    Based on the record evidence, we preliminarily determine that RMB/
IFI Group did not have any reviewable transactions during the POR. In 
addition, we find that it is appropriate not to rescind the review, in 
part, in this circumstance, and to complete the review with respect to 
the above-named company, issuing appropriate instructions to CBP based 
on the final results of the review.\8\ Should evidence contrary to RMB/
IFI's no-shipments claims arise, we will address the issue in 
accordance with our governing statute and regulations.
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act).

[[Page 21190]]

Because New Oriental did not respond to our AD questionnaire, including 
Section A, which requests its separate rate information, we 
preliminarily find that New Oriental has not demonstrated its 
eligibility for a separate rate, and accordingly, we are preliminarily 
treating New Oriental as part of the PRC-wide entity. In addition, 
because neither Zhejiang Heiter Industries nor Zhejiang Heiter Mfg 
submitted a separate rate application, we are also preliminarily 
treating both companies as part of the PRC-wide entity. We also 
preliminarily determine that Tianjin Star is eligible for a separate 
rate.
    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for respondents 
which we did not individually examine in an administrative review. 
Section 735(c)(5)(A) of the Act articulates a preference that we not 
calculate an all-others rate using rates which are zero, de minimis or 
based entirely on facts available. When the weighted-average dumping 
margins established for all individually investigated respondents are 
zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act permits the Department to ``use any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.'' Because New Oriental is part 
of the PRC-wide entity, for which no review was requested, and RMB/IFI 
Group did not have any reviewable transactions during the POR, there 
are no calculated margins that are not zero, de minimis, or based 
entirely on facts available to consider in establishing a margin for 
Tianjin Star. In the absence of any calculated rates in this segment, 
to determine a non-selected rate for Tianjin Star in this review, we 
have reached back to the calculated above-de minimis rate from the 
immediately preceding administrative review. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.
    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum. A 
list of topics included in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. 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 https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period April 1, 2015, 
through March 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                    Exporter/producer                         average
                                                              margins
------------------------------------------------------------------------
Tianjin Port Free Trade Zone Tianjin Star International             5.40
 Trade Co., Ltd.........................................
PRC-Wide Entity \9\.....................................          206.00
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\9\ The PRC-wide entity includes mandatory respondent New Oriental
  Fastener Co., Ltd., as well as Zhejiang Heiter Industries and Zhejiang
  Heiter Mfg. The rate for the PRC-Wide Entity was originally set in the
  original investigation, see Certain Steel Threaded Rod from the
  People's Republic of China: Final Determination of Sales at Less than
  Fair Value, 74 FR 8907 (February 27, 2009). This rate has been used in
  each subsequent administrative review in which there was party being
  considered as part of the PRC-Wide Entity.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with its preliminary results 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). However, because the 
Department is not calculating a weighted-average dumping margin for 
either of the mandatory respondents selected for individual 
examination, there are no calculations to disclose.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\10\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230, at a 
time and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    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, pursuant to 
section 751(a)(3)(A) of the Act.

[[Page 21191]]

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.\11\ 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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    \11\ 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 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 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.\12\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\13\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.106(c)(2).
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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 the companies listed above 
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 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 (i.e., 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 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.
    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Partial Rescission
    b. No Shipments
    c. NME Country Status
    d. Separate Rates
    e. Companies Considered as Part of the PRC-Wide Entity
5. Recommendation

Appendix II

List of Companies for Which Petitioner Has Withdrawn Its Request for 
Administrative Review

1. Aerospace Precision Corp. (Shanghai) Industry Co., Ltd.
2. Aihua Holding Group Co. Ltd.
3. Autocraft Industry (Shanghai) Ltd.
4. Autocraft Industry Ltd.
5. Billion Land Ltd.
6. Billiongold Hardware Co. Ltd.
7. Bolt MFG. Trade Ltd.
8. Brighton Best International (Taiwan) Inc.
9. Brother Holding Group Co. Ltd.
10. C and H International Corporation
11. Certified Products International Inc.
12. Changshu City Standard Parts Factory
13. China Friendly Nation Hardware Technology Limited
14. D.M.D. International Co. Ltd.
15. Dongxiang Accuracy Hardware Co., Ltd.
16. EC International (Nantong) Co., Ltd.
17. Fastco (Shanghai) Trading Co., Ltd.
18. Fasten International Co., Ltd.
19. Fastwell Industry Co. Ltd.
20. Fook Shing Bolts & Nuts Co. Ltd.
21. Fuda Xiongzhen Macyinery Co., Ltd.
22. Fuller Shanghai Co Ltd.
23. Gem-Year Industrial Co. Ltd.
24. Guangdong Honjinn Metal & Plastic Co., Ltd.
25. Hainan Zhongyan United Development Co.
26. Hainan Zhongda Fastener Co., Ltd.
27. Haiyan Chaqqiang Standard Fasterner
28. Haiyan Dayu Fasterners Co., Ltd.
29. Haiyan Evergreen Standard Parts Co. Ltd.
30. Haiyan Fuxin High Strength Fasterner
31. Haiyan Hurras Import & Export Co. Ltd.
32. Haiyan Jianhe Hardward Co. Ltd.
33. Haiyan Julong Standard Part Co. Ltd.
34. Haiyan Yuxing Nuts Co. Ltd.
35. Hangzhou Everbright Imp. & Exp. Co. Ltd.
36. Hangzhou Grand Imp & Exp. Co., Ltd.
37. Hangzhou Great Imp & Exp. Co. Ltd.
38. Hangzhou Lizhan Hardware Co. Ltd.
39. Hangzhou Tongwang Machinery Co., Ltd.
40. Hong Kong Sunrise Fasteners Co. Ltd.
41. Hong Kong Yichen Co. Ltd.
42. Jiangsu Zhongweiyu Communication Equipment Co. Ltd.
43. Jiashan Steelfit Trading Co. Ltd.
44. Jiashan Zhongsheng Metal Products Co., Ltd.
45. Jiaxing Jinhow Import & Export Co., Ltd.
46. Jiaxing Xinyue Standard Part Co. Ltd.
47. Jiaxing Yaoliang Import & Export Co., Ltd.
48. Jinan Banghe Industry & Trade Co., Ltd.
49. King Socket Screw Company Ltd.
50. L&W Fasteners Company
51. Macropower Industrial Inc.
52. Mai Seng International Trading Co., Ltd.
53. MB Services Company
54. Midas Union Co., Ltd.
55. Nanjing Prosper Import & Export Corporation Ltd.
56. New Pole Power System Co. Ltd.
57. Ningbiao Bolts & Nuts Manufacturing Co.
58. Ningbo Beilun Milfast Metalworks Co. Ltd.
59. Ningbo Beilun Pingxin Hardware Co., Ltd.
60. Ningbo Dexin Fastener Co. Ltd.
61. Ningbo Dongxin High-Strength Nut Co., Ltd.
62. Ningbo Fastener Factory
63. Ningbo Fengya Imp. and Exp. Co. Ltd.
64. Ningbo Fourway Co., Ltd.
65. Ningbo Haishu Holy Hardware Import and Export Co. Ltd.
66. Ningbo Haishu Wit Import & Export Co. Ltd.
67. Ningbo Haishu Yixie Import & Export Co. Ltd.
68. Ningbo Jinding Fastening Pieces Co., Ltd.
69. Ningbo MPF Manufacturing Co. Ltd.
70. Ningbo Panxiang Imp. & Exp., Co. Ltd.
71. Ningbo Qianjiu Instrument Case Factory
72. Ningbo Yili Import & Export Co., Ltd.
73. Ningbo Yinzhou Dongxiang Accuarcy Hardware Co., Ltd.
74. Ningbo Yinzhou Foreign Trade Co., Ltd.
75. Ningbo Yinzhou Woafan Industry & Trade Co., Ltd.
76. Ningbo Zhendai Dingli Fasterner Screw Co., Ltd.
77. Ningbo Zhenghai Yongding Fastener Co., Ltd.
78. Ningbo Zhongjiang High Strength Bolts Co. Ltd.
79. Ningbo Zhongjiang Petroleum Pipes & Machinery Co., Ltd.
80. Orient International Holding Shanghai Rongheng Intl Trading Co. 
Ltd.
81. Pol Shin Fastener (Zhejiang) Co.
82. Prosper Business and Industry Co., Ltd.

[[Page 21192]]

83. Qingdao Free Trade Zone Health Intl.
84. Qingdao Top Steel Industrial Co. Ltd.
85. Shaanxi Succeed Trading Co., Ltd.
86. Shanghai Autocraft Co., Ltd.
87. Shanghai East Best Foreign Trade Co.
88. Shanghai East Best International Business Development Co., Ltd.
89. Shanghai Fortune International Co. Ltd.
90. Shanghai Furen International Trading
91. Shanghai Hunan Foreign Economic Co., Ltd.
92. Shanghai Jiabao Trade Development Co. Ltd.
93. Shanghai Nanshi Foreign Economic Co.
94. Shanghai Overseas International Trading Co. Ltd.
95. Shanghai Prime Machinery Co. Ltd.
96. Shanghai Printing & Dyeing and Knitting Mill
97. Shanghai Printing & Packaging Machinery Corp.
98. Shanghai Recky International Trading Co., Ltd.
99. Shanghai Sinotex United Corp. Ltd.
100. SRC Metal (Shanghai) Co., Ltd.
101. Suntec Industries Co., Ltd.
102. Suzhou Henry International Trading Co., Ltd.
103. T and C Fastener Co. Ltd.
104. T and L Industry Co. Ltd.
105. Wisechain Trading Limited
106. Wuxi Metec Metal Co. Ltd.
107. Zhejiang Heirrmu Mechanical and Electrical Equipment 
Manufacturing Co. Ltd.
108. Zhejiang Jin Zeen Fasteners Co. Ltd.
109. Zhejiang Junyue Standard Part Co., Ltd.
110. Zhejiang Laibao Precision Technology Co. Ltd.
111. Zhejiang Metals & Minerals Imp & Exp Co. Ltd.
112. Zhejiang Morgan Brother Technology Co. Ltd.
113. Zhejiang New Century Imp & Exp Co. Ltd.
114. Zhejiang Zhenglian Industry Development Co., Ltd.
115. Zhoushan Zhengyuan Standard Parts Co., Ltd.

[FR Doc. 2017-09140 Filed 5-4-17; 8:45 am]
BILLING CODE 3510-DS-P