[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Notices]
[Pages 67258-67260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26457]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-865]
Carbon and Alloy Steel Threaded Rod From Taiwan: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon
and alloy steel threaded rod (steel threaded rod) from Taiwan 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. The final estimated weighted-average dumping margins
of sales at LTFV are shown in the ``Final Determination'' section of
this notice.
DATES: Applicable December 9, 2019.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or William
Langley, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1395
or (202) 482-3861, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 25, 2019, Commerce published the Preliminary
Determination of this LTFV investigation in which Commerce found that
steel threaded rod from Taiwan was sold at LTFV.\1\ We invited
interested parties to comment on the Preliminary Determination. We
received no comments from interested parties.
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\1\ See Carbon and Alloy Steel Threaded Rod from Taiwan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 84 FR 50382 (September 25, 2019) (Preliminary Determination).
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Scope of the Investigation
The products covered by this investigation are steel threaded rod
from Taiwan. For a complete description of the scope of this
investigation, see the appendix to this notice.
Scope Comments
On July 22, 2019, we issued a Preliminary Scope Memorandum.\2\ The
scope case briefs were due on August 28, 2019.\3\ We received no scope
case briefs from interested parties. Therefore, Commerce has made no
changes to the scope of this investigation since the Preliminary
Determination.
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\2\ 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 (Preliminary Scope Decision Memorandum).
\3\ 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). See Preliminary Scope
Decision Memorandum at 3.
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Verification
Because each of the mandatory respondents in this investigation
(i.e., Quintain Steel Co. Ltd. (Quintain Steel), Top Forever Screws Co.
Ltd. (Top Forever), Fastenal Asia Pacific Ltd. TW Repres (Fastenal),
QST International Corporation (QST), and Ta Chen Steel Pipe Ltd. (Ta
Chen)) did not provide the information requested by Commerce, and
Commerce determined that each of the examined respondents have been
uncooperative, we did not conduct verification.\4\
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\4\ See Preliminary Determination, 84 FR at 50382.
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Analysis of Comments Received
As stated above, we did not receive comments in response to the
Preliminary Determination. For the final determination, Commerce made
no changes to the Preliminary Determination.
Use of Adverse Facts Available
We continue to find, as stated in the Preliminary Determination,
that the mandatory respondents Quintain, Top Forever, Fastenal, QST,
and Ta Chen withheld requested information, failed to provide
information by the specified deadlines, and significantly impeded the
proceeding, pursuant to section 776(a) of the Tariff Act of 1930, as
amended (the Act).\5\ Further, we continue to find that Quintain Steel,
Top Forever, Fastenal, QST, and Ta Chen failed to cooperate to the best
of their abilities to comply with our requests for information, and
accordingly, we continue to apply an adverse inference when selecting
from among the facts otherwise available to determine the relevant
dumping margins, in accordance with section 776(b) of the Act.\6\ We
further continue to select the only dumping margin alleged in the
Petition \7\ as the rate applicable to Quintain Steel, Top Forever,
Fastenal, QST, and Ta Chen.\8\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carbon
and Alloy Steel Threaded Rod from Taiwan,'' dated September 18, 2019
(Preliminary Decision Memorandum)
\6\ Id.
\7\ See 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 (Petition).
\8\ See Preliminary Decision Memorandum. All-Others Rate
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As discussed in the Preliminary Determination, we continue to
assign the single dumping margin alleged in the Petition \9\ as the
all-others rate applicable to all exporters and/or producers not
individually examined.\10\
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\9\ See Petition.
\10\ For a full description of the methodology underlying
Commerce's analysis, see Preliminary Decision Memorandum.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Quintain Steel Co. Ltd..................................... 32.26
Top Forever Screws Co. Ltd................................. 32.26
[[Page 67259]]
Fastenal Asia Pacific Ltd. TW Repres....................... 32.26
QST International Corporation.............................. 32.26
Ta Chen Steel Pipe Ltd..................................... 32.26
All Others................................................. 32.26
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all unliquidated entries of subject merchandise
which were entered, or withdrawn from warehouse, for consumption on or
after September 25, 2019, which is the date of publication of the
Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require cash deposits equal to the
estimated weighted-average dumping margins indicated in the table 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 final 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 or exporters will be 32.26 percent, the all-others weighted-
average dumping margin. These suspension of liquidation and cash
deposit instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied adverse facts available
(AFA) to the individually examined companies in this investigation, in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the Petition, there are no calculations to disclose.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the final determination in this proceeding is affirmative, in
accordance with section735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports or sales (or the likelihood of sales) of steel
threaded rod from Taiwan no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated, and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Administrative Protective Orders (APOs)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
352.210(c).
Dated: December 3, 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 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 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 investigation 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 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
[[Page 67260]]
subheadings are provided for convenience and U.S. Customs purposes
only. The written description of the scope is dispositive.
[FR Doc. 2019-26457 Filed 12-6-19; 8:45 am]
BILLING CODE 3510-DS-P