[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19925-19927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07481]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-887]


Carbon and Alloy Steel Threaded Rod From India: Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), we 
are issuing an antidumping duty order on carbon and alloy steel 
threaded rod (threaded rod) from India. Additionally, we are amending 
our final affirmative determination of sales at less than fair value 
(LTFV) for carbon and alloy steel threaded rod from India as a result 
of a ministerial error.

DATES: Applicable April 9, 2020.

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

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 18, 
2020, Commerce published its affirmative final determination in the 
LTFV investigation of imports of carbon and alloy steel threaded rod 
from India.\1\ On April 3, 2020, the ITC notified Commerce of its final 
determination, pursuant to section 735(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured by reason of the 
LTFV imports of carbon and alloy steel threaded rod from India.\2\
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    \1\ See Carbon and Alloy Steel Threaded Rod from India: Final 
Affirmative Determination of Sales at Less Than Fair Value, 85 FR 
8818 (February 18, 2020) (Final Determination).
    \2\ See Letter to Jeffrey Kessler, Assistant Secretary of 
Commerce for Enforcement and Compliance, from David S. Johanson, 
Chairman of the U.S. International Trade Commission, regarding steel 
threaded rod from China and India, (April 3, 2020) (ITC Letter).
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Scope of the Order

    The merchandise covered by this order is carbon and alloy steel 
threaded rod from India. For a complete description of the scope of the 
order, see the appendix to this notice.

Amendment to the Final Determination

    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.\3\
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    \3\ See section 735(e) of the Act; and 19 CFR 351.224(f).
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    Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and 
(f), Commerce is amending the Final Determination to reflect the 
correction of a ministerial error in the final estimated weighted-
average dumping margin calculated for Mangal Steel Enterprise Limited 
(Mangal).\4\ In addition, because Mangal's estimated weighted-average 
dumping margin forms the basis for the estimated weighted-average 
dumping margin determined for all other companies, we also are revising 
the all others margin. The amended estimated weighted-average dumping 
margins are listed in the ``Estimated Weighted-Average Dumping 
Margins'' section below.
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    \4\ See Memorandum, ``Antidumping Duty Investigation of Carbon 
and Alloy Steel Threaded Rod from India--Ministerial Error 
Allegation in the Final Determination,'' dated March 16, 2020.
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Antidumping Duty Order

    On April 3, 2020, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determination in this investigation, 
in which it found that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act by 
reason of

[[Page 19926]]

LTFV imports of threaded rod from India.\5\ Therefore, in accordance 
with sections 735(c)(2) and 736 of the Act, Commerce is issuing this 
antidumping duty order.
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    \5\ See ITC Letter.
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    Because the ITC determined that imports of threaded rod from India 
are materially injuring a U.S. industry, unliquidated entries of such 
merchandise from India, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties. 
Therefore, in accordance with section 736(a)(1) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, antidumping duties equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise, for all relevant 
entries of threaded rod from China. Antidumping duties will be assessed 
on unliquidated entries of threaded rod from China entered, or 
withdrawn from warehouse, for consumption on or after September 25, 
2019, the date of publication of the Preliminary Determination,\6\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination as further described below.
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    \6\ See 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, 84 FR 50376 (September 25, 2019) (Preliminary 
Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation of threaded rod from India as 
described in the appendix to this notice which are entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's notice of final determination in the Federal 
Register. These instructions suspending liquidation will remain in 
effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amount as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the cash deposit rates listed below.\7\ The all others rate applies to 
all producers or exporters not specifically listed.
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    \7\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                           Cash deposit
                                             Weighted-    rate (adjusted
                                              average       for export
            Exporter/producer             dumping margin      subsidy
                                             (percent)      offset(s))
                                                             (percent)
------------------------------------------------------------------------
Daksh Fasteners.........................           28.34           22.86
Mangal Steel Enterprise Limited.........            2.75            0.00
All Others..............................            2.75            0.00
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
Because Mangal, accounting for a significant proportion of threaded rod 
from India, requested an extension of provisional measures,\8\ we 
extended the four-month period to six months in this proceeding. The 
period began on September 25, 2019 and ended on March 22, 2020.
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    \8\ 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.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of threaded rod from India entered, or withdrawn 
from warehouse, for consumption after March 22, 2020, the date the 
provisional measures expired, through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
threaded rod from India pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: April 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Order

    The merchandise covered by the scope of this order 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 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 this order, 
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

[[Page 19927]]

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 
this order if performed in the country of manufacture of the 
threaded rod.
    Carbon and alloy steel threaded rod are also included in the 
scope of this order 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 this order is: (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.
    Specifically excluded from the scope of this order 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 subheadings are provided for convenience and U.S. 
Customs purposes only. The written description of the scope is 
dispositive.
[FR Doc. 2020-07481 Filed 4-8-20; 8:45 am]
 BILLING CODE 3510-DS-P