[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50376-50379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20811]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-887]


Carbon and Alloy Steel Threaded Rod From India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that carbon and alloy steel threaded rod (CASTR) from India is being, 
or is likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is January 1, 2018 through 
December 31, 2018. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable September 25, 2019.

FOR FURTHER INFORMATION CONTACT: Jerry Huang or Annathea Cook, 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) 482-4047 or (202) 482-0250, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 19, 
2019.\1\ On June 14, 2019, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
September 19, 2019.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II 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 
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.
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Threaded Rod from India, Taiwan, 
Thailand, and the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigations, 84 FR 10034 (March 19, 2019) 
(Initiation Notice).
    \2\ See Carbon and Alloy Steel Threaded Rod from India, Taiwan, 
and the People's Republic of China: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 84 FR 
27764 (June 14, 2019).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Carbon 
and Alloy Steel Threaded Rod from India,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is CASTR from India. For 
a complete description of the scope of this investigation, see Appendix 
I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ The scope 
case briefs were due on August 28, 2019, 30 days after the publication 
of CASTR from China Preliminary CVD Determination.\7\ There will be no 
further opportunity for comments on scope-related issues.\8\
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Carbon and Alloy Steel Threaded Rod from 
India, Taiwan, Thailand, and the People's Republic of China: Scope 
Comments Decision Memorandum for the Preliminary Determinations,'' 
dated July 22, 2019.
    \7\ The scope case briefs were due 30 days after the publication 
of Carbon and Alloy Steel Threaded Rod from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination With Final Antidumping Duty 
Determination, 84 FR 36578 (July 29, 2019) (CASTR from China 
Preliminary CVD Determination). See the Preliminary Scope Decision 
Memorandum at 3. The deadline for the scope case briefs was 
Wednesday, August 28, 2019. Because the deadline for rebuttal briefs 
fell on Monday, September 2, 2019, a Federal holiday, the actual 
deadline for the scope rebuttal briefs was Tuesday, September 3, 
2019. See 19 CFR 351.303(b)(1) (``For both electronically filed and 
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on 
the next business day.'').
    \8\ Parties were already permitted the opportunity to file scope 
case briefs. Case briefs, other written comments, and rebuttal 
briefs should not include scope-related issues. See Preliminary 
Scope Decision Memorandum at 3.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices and 
constructed export prices in accordance with section 772(a) and 772(b) 
of the Act. Commerce has calculated normal value in accordance with 
section 773(e) of the Act. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

[[Page 50377]]

Particular Market Situation Allegation

    On July 18, 2019, we received a cost-based particular market 
situation allegation (PMS) from Vulcan Threaded Products, Inc. (the 
petitioner).\9\ On August 27, 2019, we sent the petitioner a 
supplemental questionnaire regarding its PMS allegation.\10\ The 
petitioner submitted a response on September 4, 2019.\11\ We 
preliminarily find that the revised allegation is sufficient to warrant 
further analysis. We also intend to issue additional questions to 
address remaining deficiencies regarding the quantitative analysis. We 
will then evaluate the response and make a determination on the PMS 
allegation in a post-preliminary determination. Additionally, we have 
accepted the factual information in support of the allegation and have 
further established a deadline for the submission of factual 
information to rebut, clarify or correct the allegation in a memo to 
the file dated concurrently with this preliminary determination.\12\
---------------------------------------------------------------------------

    \9\ See Petitioner's Letter, ``Carbon and Alloy Steel Threaded 
Rod from India: Particular Market Situation Allegation,'' dated July 
18, 2019.
    \10\ See Commerce's Letter, ``Antidumping Duty Investigation of 
Carbon and Alloy Steel Threaded Rod from India: Particular Market 
Situation Allegation Supplemental Questions,'' dated August 27, 
2019.
    \11\ See Petitioner's Letter, ``Carbon and Alloy Steel Threaded 
Rod from India: Response to Particular Market Situation Allegation 
Supplemental Questions,'' dated September 4, 2019.
    \12\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Carbon and Alloy Steel Threaded Rod from India: Comment Schedule for 
the Particular Market Situation Allegation,'' dated September 19, 
2019.
---------------------------------------------------------------------------

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination, Commerce shall determine an estimated 
weighted-average dumping margin (the ``all-others'' rate) for all 
exporters and producers not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated, excluding rates that are zero and de 
minimis, or determined entirely under section 776 of the Act. For the 
preliminary determination, the only rate that is not zero, de minimis, 
or based entirely on facts otherwise available is the rate calculated 
for Mangal Steel Enterprises Limited (Mangal). Consequently, the margin 
calculated for Mangal is assigned as the rate for all other producers 
and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                           Cash deposit
                                             Estimated    rate (adjusted
                                             weighted-      for export
            Exporter/producer                 average         subsidy
                                          dumping margin      offset)
                                             (percent)       (percent)
------------------------------------------------------------------------
Daksh Fasteners.........................          * 2.04            0.00
Mangal Steel Enterprise Limited.........            2.04            0.00
All Others..............................            2.04            0.00
------------------------------------------------------------------------
* See the Preliminary Decision Memorandum for how this rate was
  selected.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin as described above, as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this preliminary determination; (2) if 
the exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted 
rates may be found in the chart of estimated weighted-average dumping 
margins in the Preliminary Determination section of this notice.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination 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).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last final verification report is 
issued in this

[[Page 50378]]

investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\13\ 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.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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, 
Commerce 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration. and 19 CFR 351.210(e)(1) further provides that Commerce 
may grant the request, unless Commerce finds compelling reasons to deny 
the request.
    On August 21, 2019, pursuant to 19 CFR 351.210(e), Mangal requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\14\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) the preliminary determination is 
affirmative; (2) the requesting exporter account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce's 
final determination will be issued no later than 135 days after the 
date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \14\ See Mangal's Letter, ``Antidumping Investigation of Carbon 
and Alloy Steel Threaded Rod from India: Request for Postponement of 
Final Determination,'' dated August 21, 2019.
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the ITC of its preliminary determination. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether these imports are materially injuring, or 
threaten material injury to, the U.S. industry.

Notification to Importers

    This notice also serves as an initial reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: September 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by the scope of the investigation 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 the investigation are non-
headed and threaded along greater than 25 percent of their total 
actual length. A variety of finishes or coatings, such as 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 A320 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 the 
investigation, 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 the investigation 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 the investigation 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).
    Specifically excluded from the scope of the investigation is 
threaded rod that is imported as part of a package of hardware in 
conjunction with a ready-to-assemble piece of furniture.
    Steel threaded rod is currently classifiable under subheadings 
7318.15.5051, 7318.15.5056, and 7318.15.5090 of the

[[Page 50379]]

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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Product Characteristics
VII. Selection of Respondents
VIII. Affiliation
IX. Discussion of the Methodology
X. All-Others Rate
XI. Adjustment to Cash Deposit Rate for Export Subsidy
XII. Verification
XIII. Recommendation

[FR Doc. 2019-20811 Filed 9-24-19; 8:45 am]
 BILLING CODE 3510-DS-P