[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10040-10044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05138]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-888, C-570-105]
Carbon and Alloy Steel Threaded Rod From India and the People's
Republic of China: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ryan Mullen at (202) 482-5260 (India)
and Thomas Schauer at (202) 482-0410 (People's Republic of China
(China)), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On February 21, 2019, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
carbon and alloy steel threaded rod (steel threaded rod) from India and
China, filed in proper form on behalf of Vulcan Threaded Products Inc.
(the petitioner), a domestic producer of steel threaded rod.\1\ The CVD
Petitions were accompanied by antidumping duty (AD) petitions
concerning imports of steel threaded rod from India, China, Taiwan, and
Thailand.
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\1\ See the petitioner's letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Carbon and Alloy Steel
Threaded Rod from the People's Republic of China, India, Taiwan, and
Thailand,'' dated February 21, 2019 (the Petitions). See also the
petitioner's letter, ``Petitions for the Imposition of Antidumping
and Countervailing Duties: Carbon and Alloy Steel Threaded Rod from
the People's Republic of China, India, Taiwan, and Thailand:
Clarification of Petitioner Name,'' dated March 1, 2019.
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During the period February 25 and 26, 2019, Commerce requested
supplemental information pertaining to certain aspects of the CVD
Petitions in separate supplemental questionnaires.\2\ The petitioner
filed responses to the supplemental questionnaires between February 28
and March 1, 2019.\3\
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\2\ See Commerce's Letter, ``Petition for the Imposition of
Countervailing Duties on Imports of Carbon and Alloy Steel Threaded
Rod from the People's Republic of China: Supplemental Questions,''
dated February 25, 2019, and Letters, ``Petitions for the Imposition
of Antidumping and Countervailing Duties on Imports of Carbon and
Alloy Steel Threaded Rod from the People's Republic of China, India,
Taiwan, and Thailand: Supplemental Questions,'' (General Issues
Supplemental), ``Petition for the Imposition of Countervailing
Duties on Imports of Carbon and Alloy Steel Threaded Rod from India:
Supplemental Questions,'' ``Petition for the Imposition of
Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod
from the People's Republic of China: Supplemental Questions,''
``Petition for the Imposition of Antidumping Duties on Imports of
Carbon and Alloy Steel Threaded Rod from India: Supplemental
Questions,'' ``Petition for the Imposition of Antidumping Duties on
Imports of Carbon and Alloy Steel Threaded Rod from Taiwan:
Supplemental Questions,'' and ``Petition for the Imposition of
Antidumping Duties on Imports of Carbon and Alloy Steel Threaded Rod
from Thailand: Supplemental Questions,'' dated February 26, 2019.
\3\ See the petitioner's Letters, ``Carbon and Alloy Steel
Threaded Rod from the People's Republic of China, India, Taiwan, and
Thailand: Response to General Issues Questionnaire,'' (General
Issues Supplement) ``Carbon and Alloy Steel Threaded Rod from India:
Response to Questionnaire on Countervailing Duty Petition,''
``Carbon and Alloy Steel Threaded Rod from China: Response to
Questionnaire on Antidumping Petition,'' ``Carbon and Alloy Steel
Threaded Rod from India: Response to Questionnaire on Antidumping
Petition,'' ``Carbon and Alloy Steel Threaded Rod from Taiwan:
Response to Questionnaire on Antidumping Petition,'' and ``Petition
for the Imposition of Antidumping Duties on Imports of Carbon and
Alloy Steel Threaded Rod from Thailand: Supplemental Questions,''
dated February 28, 2019, and Letter, ``Carbon and Alloy Steel
Threaded Rod from China: Response to Questionnaire on Countervailing
Duty Petition,'' dated March 1, 2019.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Governments of China
and India (GOC, and GOI, respectively) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of steel threaded rod in China and India and that imports of
such products are materially injuring, or threatening material injury
to, the domestic steel threaded rod industry in the United States.
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are initiating CVD investigations,
the CVD Petitions are accompanied by information reasonably available
to the petitioner supporting their allegations.
Commerce finds that the petitioner filed the CVD Petitions on
behalf of the domestic industry, because the petitioner is an
interested party, as defined in section 771(9)(E) of the Act. Commerce
also finds that the petitioner demonstrated sufficient industry support
necessary for the initiation of the requested CVD investigations.\4\
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\4\ See the ``Determination of Industry Support for the
Petition'' section, infra.
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Period of Investigations
Because the CVD Petitions were filed on February 21, 2019, the
period of investigation is January 1, 2018, through December 31, 2018.
Scope of the Investigations
The product covered by these investigations is steel threaded rod
from China and India. For a full description of the scope of these
investigations, see the Appendix to this notice.
Comments on the Scope of the Investigations
During our review of the CVD Petitions, Commerce issued questions
to, and received responses from, the petitioner pertaining to the
proposed scope to ensure that the scope language in the CVD Petitions
would be an accurate reflection of the products for which the domestic
industry is seeking relief.\5\
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\5\ See General Issues Supplemental at 3-4; see also General
Issues Supplement at 3-6.
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As discussed in the Preamble to Commerce's regulations, we are
setting
[[Page 10041]]
aside a period for interested parties to raise issues regarding product
coverage (scope).\6\ Commerce will consider all comments received from
interested parties and, if necessary, will consult with interested
parties prior to the issuance of the preliminary determination. If
scope comments include factual information,\7\ all such factual
information should be limited to public information. To facilitate
preparation of its questionnaires, Commerce requests that all
interested parties submit such comments by 5:00 p.m. Eastern Time (ET)
on April 2, 2019, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on April 12, 2019, which is
10 calendar days from the initial comments deadline.\8\
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\9\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOC and GOI of the receipt of the CVD
Petitions and provided them the opportunity for consultations with
respect to the CVD Petitions.\10\ Consultations were held with the GOI
on March 11, 2019.\11\ The GOC did not request consultations.
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\10\ See Commerce's Letters, ``Countervailing Duty Petition on
Carbon and Alloy Steel Threaded Rod from the People's Republic of
China,'' dated February 22, 2019, and ``Countervailing Duty Petition
on Carbon and Alloy Steel Threaded Rod from India: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
March 1, 2019.
\11\ See Memorandum to File, ``Consultations with Government
Officials from the Government of India on the Countervailing Duty
Petition Regarding Steel Threaded Rod from India,'' dated March 11,
2019.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that steel threaded rod, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\15\
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\14\ See Volume I of the Petitions, at 8-12.
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklist: Carbon
and Alloy Steel Threaded Rod from the People's Republic of China
(China CVD Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petition Covering Carbon and Alloy Steel Threaded Rod from the
People's Republic of China, India, Taiwan, and Thailand (Attachment
II); see also Countervailing Duty Investigation Initiation
Checklist: Carbon and Alloy Steel Threaded Rod from India (India CVD
Initiation Checklist), at Attachment II. These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the CVD Petitions with reference to the domestic like
product as defined in the ``Scope of the Investigations,'' in the
Appendix to this notice. To establish industry support, the petitioner
provided its own production of the domestic like product in 2018, as
well as the 2018 production of Bay Standard Manufacturing Inc.
[[Page 10042]]
(Bay Standard), a U.S. producer of steel threaded rod that supports the
CVD Petitions.\16\ The petitioner compared the production of the
supporters of the CVD Petitions to the estimated total production of
the domestic like product for the entire domestic industry.\17\ We
relied on data provided by the petitioner and Bay Standard for purposes
of measuring industry support.\18\
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\16\ See Volume I of the Petitions, at Exhibit I-2; see also
Letter from Bay Standard, ``Carbon and Alloy Steel Threaded Rod from
the People's Republic of China, India, Taiwan, and Thailand: Support
for the Petitions,'' dated February 25, 2019 (Letter of Support), at
Attachment I.
\17\ See General Issues Supplement, at 6 and Exhibits 3 and 5.
\18\ Id. For further discussion, see China CVD Initiation
Checklist, at Attachment II; and India CVD Initiation Checklist, at
Attachment II.
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Our review of the data provided in the CVD Petitions, the General
Issues Supplement, the Letter of Support, and other information readily
available to Commerce indicates that the petitioners have established
industry support for the CVD Petitions.\19\ First, the CVD Petitions
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, Commerce is not required to take further action
in order to evaluate industry support (e.g., polling).\20\ Second, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petitions account for
at least 25 percent of the total production of the domestic like
product.\21\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petitions account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the CVD Petitions.\22\
Accordingly, Commerce determines that the CVD Petitions were filed on
behalf of the domestic industry, within the meaning of section
702(b)(1) of the Act.
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\19\ Id.
\20\ Id.; see also section 702(c)(4)(D) of the Act.
\21\ See China CVD Initiation Checklist, at Attachment II; and
India CVD Initiation Checklist, at Attachment II.
\22\ Id.
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Commerce finds that the petitioner filed the CVD Petitions on
behalf of the domestic industry, because it is an interested party, as
defined in section 771(9)(C) of the Act, and it has demonstrated
sufficient industry support with respect to the CVD investigations that
it is requesting that Commerce initiate.\23\
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\23\ Id.
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Injury Test
Because China and India are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
India materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\24\ In CVD petitions,
section 771(24)(B) of the Act provides that imports of subject
merchandise from developing and least developed countries must exceed
the negligibility threshold of four percent. The petitioner also
demonstrates that subject imports from India, which has been designated
as a least developed country under section 771(36)(B) of the Act,
exceed the negligibility threshold of four percent.\25\
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\24\ See Volume I of the Petitions, at 18 and Exhibit I-14.
\25\ Id.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price suppression; decline in
the domestic industry's capacity utilization; the domestic industry's
lagging production and shipments; decline in the domestic industry's
financial performance; and lost sales and revenues.\26\ We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as cumulation,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\27\
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\26\ Id. at 15-35 and Exhibits I-3, I-4, I-10, I-11, I-13, I-14
and I-16 through I-20.
\27\ See China CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Carbon and Alloy Steel Threaded Rod from the People's
Republic of China, India, Taiwan, and Thailand (Attachment III); and
India CVD Initiation Checklist, at Attachment III.
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Initiation of CVD Investigations
Based on the examination of the CVD Petitions, we find that they
meet the requirements of section 702 of the Act. Therefore, we are
initiating CVD investigations to determine whether imports of steel
threaded rod from China and India benefit from countervailable
subsidies conferred by the GOC and GOI. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 65 days after the
date of this initiation.
China
Based on our review of the CVD Petition, we find that there is
sufficient information to initiate a CVD investigation on 19 of the 21
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see China CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
India
Based on our review of the CVD Petition, we find that there is
sufficient information to initiate a CVD investigation on 19 of the 52
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see India CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Respondent Selection
In the CVD Petitions, the petitioners named 446 companies in China
and 32 companies in India as producers/exporters of steel threaded
rod.\28\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations. In the event Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of steel threaded rod from China
and India during the POI under the appropriate Harmonized Tariff
Schedule of the United States numbers
[[Page 10043]]
listed in the ``Scope of the Investigation,'' in the Appendix.
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\28\ See Volume I of the Petitions at Exhibit I-13.
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On March 11, 2019, Commerce released CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of the notice of
initiation of these CVD investigations.\29\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\29\ See Memorandum, ``Carbon and Alloy Steel Threaded Rod from
the People's Republic of China (China) Countervailing Duty Petition:
Release of Customs Data from U.S. Customs and Border Protection''
dated March 11, 2019, and Memorandum, ``Carbon and Alloy Steel
Threaded Rod from India Countervailing Duty Petition: Release of
Customs Data from U.S. Customs and Border Protection,'' dated March
11, 2019.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petitions to
each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the CVD Petitions were filed, whether there is a reasonable
indication that imports of steel threaded rod from China and India are
materially injuring, or threatening material injury to, a U.S.
industry.\30\ A negative ITC determination in any country will result
in the investigations being terminated with respect to that
country.\31\ Otherwise, these investigations will proceed according to
statutory and regulatory time limits.
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\30\ See section 703(a)(2) of the Act.
\31\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\32\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\33\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in these
investigations.
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\32\ See 19 CFR 351.301(b).
\33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\34\
Parties must use the certification formats provided in 19 CFR
351.303(g).\35\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\34\ See section 782(b) of the Act.
\35\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: March 13, 2019.
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.
Appendix
Scope of the Investigations
The merchandise covered by the scope of these investigations is
carbon and alloy steel threaded rod. Steel threaded rod is certain
threaded rod, bar, or studs, of carbon or alloy steel, having a
solid, circular cross section of any diameter, in any straight
length. Steel threaded rod is normally drawn, cold-rolled, threaded,
and straightened, or it may be hot-rolled. In addition, the steel
threaded rod, bar, or studs subject to these investigations are non-
headed and threaded along greater than 25 percent of their total
actual length. A variety of finishes or coatings, such as
[[Page 10044]]
plain oil finish as a temporary rust protectant, zinc coating (i.e.,
galvanized, whether by electroplating or hot-dipping), paint, and
other similar finishes and coatings, may be applied to the
merchandise.
Steel threaded rod is normally produced to American Society for
Testing and Materials (ASTM) specifications ASTM A36, ASTM A193 B7/
B7m, ASTM A193 B16, ASTM A307, ASTM A329 L7/L7M, ASTM A320 L43, ASTM
A354 BC and BD, ASTM A449, ASTM F1554-36, ASTM F1554-55, ASTM F1554
Grade 105, American Society of Mechanical Engineers (ASME)
specification ASME B18.31.3, and American Petroleum Institute (API)
specification API 20E. All steel threaded rod meeting the physical
description set forth above is covered by the scope of these
investigations, whether or not produced according to a particular
standard.
Subject merchandise includes material matching the above
description that has been finished, assembled, or packaged in a
third country, including by cutting, chamfering, coating, or
painting the threaded rod, by attaching the threaded rod to, or
packaging it with, another product, or any other finishing,
assembly, or packaging operation that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
country of manufacture of the threaded rod.
Carbon and alloy steel threaded rod are also included in the
scope of these investigations whether or not imported attached to,
or in conjunction with, other parts and accessories such as nuts and
washers. If carbon and alloy steel threaded rod are imported
attached to, or in conjunction with, such non-subject merchandise,
only the threaded rod is included in the scope.
Excluded from the scope of these investigations are: (1)
Threaded rod, bar, or studs which are threaded only on one or both
ends and the threading covers 25 percent or less of the total actual
length; and (2) stainless steel threaded rod, defined as steel
threaded rod containing, by weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with our without other
elements.
Excluded from the scope of the antidumping investigation on
steel threaded rod from the People's Republic of China is any
merchandise covered by the existing antidumping order on Certain
Steel Threaded Rod from the People's Republic of China. See Certain
Steel Threaded Rod from the People's Republic of China: Notice of
Antidumping Duty Order, 74 FR 17154 (April 14, 2009).
Steel threaded rod is currently classifiable under subheadings
7318.15.5051, 7318.15.5056, and 7318.15.5090 of the Harmonized
Tariff Schedule of the United States (HTSUS). Subject merchandise
may also enter under subheading 7318.15.2095 and 7318.19.0000 of the
HTSUS. The HTSUS subheadings are provided for convenience and U.S.
Customs purposes only. The written description of the scope is
dispositive.
[FR Doc. 2019-05138 Filed 3-18-19; 8:45 am]
BILLING CODE 3510-DS-P