[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57429-57431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24942]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) finds that Jiaxing 
Brother Fastener Co., Ltd. (Jiaxing Brother), RMB Fasteners Ltd. (RMB), 
and IFI & Morgan Ltd. (IFI), collectively RMB/IFI, had no shipments 
during the period of review (POR), April 1, 2016, through March 31, 
2017. We also continue to find that Fastenal Canada Ltd. (Fastenal 
Canada) did not cooperate to the best of its ability and have based its 
margin on adverse facts available (AFA) for these final results.

DATES: Applicable November 15, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: 202.482.0413.

SUPPLEMENTARY INFORMATION: 

Background

    On May 17, 2018, Commerce published the Preliminary Results of the 
antidumping duty order on certain steel threaded rod (STR) from the 
People's Republic of China (China).\1\ In accordance with 19 CFR 
351.309, we invited parties to comment on our Preliminary Results. On 
June 18, 2018, RMB/IFI submitted its case brief.\2\ On June 19, 2018, 
RMB/IFI re-submitted its case brief because the original brief 
inadvertently included certain proprietary information in one of the 
exhibits.\3\ On June 26, 2018, the petitioner, Vulcan Threaded Products 
Inc., submitted its rebuttal brief.\4\ On September 12, 2018, Commerce 
extended the deadline for the final

[[Page 57430]]

results to November 8, 2018.\5\ On September 19, 2018, Commerce 
rejected RMB/IFI's case brief because it contained new factual 
information.\6\ In addition, on September 19, 2018, Commerce rejected 
the petitioner's rebuttal brief because it contained new argument which 
did not rebut any arguments made by RMB/IFI in its case brief.\7\ On 
September 21, 2018, RMB/IFI refiled its case brief.\8\ The petitioner 
did not refile its rebuttal brief. To complete the administrative 
record, Commerce requested that Jiaxing Brother submit a no shipments 
certification, if it had no shipments during the POR.\9\ On October 31, 
2018, Jiaxing Brother submitted a no shipments certification.\10\
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    \1\ See 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; 
2016-2017, 83 FR 22945 (May 17, 2018) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See RMB/IFI's June 18, 2018 submission.
    \3\ See RMB/IFI's June 19, 2018 submission.
    \4\ The petitioner is Vulcan Threaded Products Inc. See the 
petitioner's June 26, 2018 submission.
    \5\ See Memorandum to James Maeder, Associate Deputy Assistant 
Secretary, from James C. Doyle, Director, ``Certain Steel Threaded 
Rod from the People's Republic of China: Extension of Deadline for 
Final Results of 2016-2017 Antidumping Duty Administrative Review,'' 
dated September 12, 2018.
    \6\ See Commerce's letter to RMB/IFI dated September 19, 2018.
    \7\ See Commerce's letter to the petitioner dated September 19, 
2018.
    \8\ See RMB/IFI's September 21, 2018 submission (RMB/IFI's Case 
Brief).
    \9\ See Commerce's memo to the File, October 29, 2018.
    \10\ See RMB/IFI's October 31, 2018 submission.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

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 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order, which is contained in 
the accompanying Issues and Decision Memorandum (I&D Memo), is 
dispositive.\11\
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    \11\ For a full description of the scope of the order, see 
Memorandum from James Maeder, Associate Deputy Assistant Secretary, 
to Gary Taverman, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, performing the non-exclusive 
functions and duties of the Assistant Secretary for Enforcement and 
Compliance, ``Certain Steel Threaded Rod from the People's Republic 
of China: Issues and Decision Memorandum for the Final Results of 
the Eighth Administrative Review'' (I&D Memo), dated concurrently 
with, and hereby adopted by, this notice.
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Analysis of Comments Received

    We addressed the issue raised in RMB/IFI's case brief in the I&D 
Memo dated concurrently with, and hereby adopted by, this notice. The 
issue it raised is attached in the Appendix to this notice. The I&D 
Memo is a public document and is on file in the Central Records Unit 
(CRU), Room B8024 of the main Commerce building, as well as 
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 
in the CRU. In addition, a complete version of the I&D Memo can be 
accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the I&D 
Memo are identical in content.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that RMB/IFI did 
not have any reviewable transactions during the POR. For these final 
results, we continue to find that Jiaxing Brother is a part of RMB/
IFI,\12\ and that Jiaxing Brother Standard Part Co., Ltd. is a ``doing-
business-as'' name for Jiaxing Brother.\13\ Moreover, consistent with 
Commerce's assessment practice in non-market economy (NME) cases, we 
completed the review with respect to RMB/IFI. Based on our analysis of 
the record information, including CBP information, we continue to 
determine that RMB/IFI (a single entity that includes Jiaxing Brother 
Standard Part Co., Ltd./Jiaxing Brother Fastener Co., Ltd.) did not 
have any shipments during the POR. As noted in the ``Assessment Rates'' 
section below, Commerce intends to issue appropriate instructions to 
CBP for the above-named companies based on the final results of this 
review.
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    \12\ Commerce determined that Jiaxing Brother, RMB and IFI 
constituted a single entity in the investigation on steel threaded 
rod from China. See Certain Steel Threaded Rod from the People's 
Republic of China: Preliminary Determination of Sales at Less Than 
Fair Value, 73 FR 58931, 58932 (October 8, 2008), unchanged in 
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). We have received no information in this review 
to call into question that finding and therefore continue to treat 
them as a single entity for purposes of this review.
    \13\ See, e.g., Certain Steel Threaded Rod From the People's 
Republic of China: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2014-2015, 81 FR 29843 (May 
13, 2016) and accompanying PDM at 1, 2, unchanged in Certain Steel 
Threaded Rod from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review; 2014-2015, 81 FR 83800 
(November 22, 2016) and accompanying IDM at 2; see also RMB/IFI's 
October 31, 2018 submission.
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Final Results

    No interested party submitted comments on Commerce's preliminary 
determination to apply AFA to Fastenal Canada. Therefore, we have 
continued to apply AFA with respect to Fastenal Canada, and have 
continued to assign it an AFA rate of 206.00 percent. Moreover, we 
continue to find that Brother Holding Group Co. Ltd, and Zhejiang 
Morgan Brother Technology Co. Ltd. are a part of the China-wide entity 
and subject to its rate of 206.00 percent.\14\ Although in the 
Preliminary Results we found Jiaxing Brother Standard Part Co., Ltd. to 
be a part of the China-wide entity, for these final results, and as 
noted above, we find this company to be a part of RMB/IFI (which had no 
shipments during the POR), and that it is not a part of the China-wide 
entity.
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    \14\ The rate for the China-wide entity was set in the 
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 applied in 
each subsequent administrative review in which there was a party 
considered as part of the China-wide entity. Commerce's policy 
regarding conditional review of the China-wide entity applies to 
this administrative review. 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). Under this policy, the China-wide 
entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. 
Because no party requested a review of the China-wide entity, the 
entity is not under review and the entity's rate is not subject to 
change.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Commerce intends to issue appropriate assessment instructions directly 
to CBP 15 days after publication of the final results of this 
administrative review. Commerce will assess duties only on entries of 
subject merchandise (i.e., Chinese-origin STR).
    Pursuant to Commerce's assessment practice, because we found it had 
no shipments, for all entries claiming RMB/IFI as the exporter or 
producer, Commerce will direct CBP to liquidate such entries and to 
assess antidumping duties pursuant to the Reseller Policy, i.e., at the 
rate for the China-wide entity.\15\
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    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Reseller 
Policy).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this

[[Page 57431]]

administrative review for all shipments of the subject merchandise from 
China entered, or withdrawn from warehouse, for consumption on or after 
the publication date, as provided for by section 751(a)(2)(C) of the 
Act: (1) For Fastenal Canada's Chinese-origin merchandise, the cash 
deposit rate will be 206.00 percent; (2) for previously investigated or 
reviewed Chinese and non-Chinese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all Chinese 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 206.00 percent; and (4) for all non-Chinese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Chinese exporters that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final 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 Commerce has not calculated a 
weighted-average dumping margin for any respondent, there are no 
calculations to disclose.

Notification to Importers

    This notice also serves as a final 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
351.221(b)(5).

    Dated: November 7, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Scope
III. Background
IV. Discussion of the Issue
    Comment: Alternative Name for Jiaxing Brother
V. Conclusion

[FR Doc. 2018-24942 Filed 11-14-18; 8:45 am]
 BILLING CODE 3510-DS-P