[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28502-28505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09424]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-887]
Carbon and Alloy Steel Threaded Rod From India: Preliminary
Results of Antidumping Duty Administrative Review, 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that carbon and alloy steel threaded rod (steel threaded
rod) from India was sold in the United States at below normal value.
The period of review (POR) is April 1, 2021, through March 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora or Samuel Frost, 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) 482-3053 or (202) 482-8180,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2020, Commerce published in the Federal Register an
antidumping duty order on steel threaded rod from India.\1\ On April 1,
2022, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On June 9, 2022,
based on
[[Page 28503]]
timely requests for an administrative review, Commerce initiated the
administrative review of 114 companies.\3\ On August 2, 2022, Commerce
selected Kanika and RKF as mandatory respondents for individual
examination.\4\
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\1\ See Carbon and Alloy Steel Threaded Rod from India: Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 85 FR 19925 (April 9, 2020) (Order).
\2\ See Antidumping and Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 19075 (April 1,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation
Notice), as corrected by Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9,
2022).
\4\ See Memorandum, ``Respondent Selection,'' dated August 2,
2022.
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On December 16, 2022, Commerce extended the time limit for
completing the preliminary results of this review until April 28,
2023.\5\ For a complete description of the events between the
initiation of this review and these preliminary results, see the
Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated December 16, 2022.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Carbon and
Alloy Steel Threaded Rod from India; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the scope of this Order is carbon and
alloy steel threaded rod. A complete description of the scope of the
Order is contained in the Preliminary Decision Memorandum.\7\
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\7\ Id. at ``Scope of the Order.''
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price in accordance with section 772(a) of the Act. Normal value
(NV) is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying these preliminary
results, see the Preliminary Decision Memorandum. See appendix I for a
complete list of topics discussed in the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public 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. In addition, a complete version of the Preliminary
Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we have preliminarily calculated a weighted-average
dumping margin of 2.37 percent for RKF and zero percent for Kanika.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we are
preliminarily applying RKF's weighted average dumping margin of 2.37
percent to the non-examined companies (see Appendix II for a full list
of these companies), because this is the only rate that is not zero, de
minimis, or based entirely on facts available.
Preliminary Results of the Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period April 1, 2021,
through March 31, 2022:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Kanika Exports.............................................. 0.00
R K Fasteners (India)....................................... 2.37
Non-Examined Companies \8\.................................. 2.37
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Disclosure and Public Comment
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\8\ See appendix II for a list of these companies.
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Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the date for filing case
briefs.\9\ Commerce modified certain of its requirements for servicing
documents containing business proprietary information until further
notice.\10\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\11\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.309(d).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule).
\11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\12\ See Temporary Rule.
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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, filed
electronically via ACCESS within 30 days of the date of publication of
this notice. Requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. An electronically-filed hearing request
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in the
case briefs, no later than 120 days after the date of publication of
this notice, pursuant to section 751(a)(3)(A) of the Act, unless
otherwise extended.
Assessment Rates
Upon issuance of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess,
[[Page 28504]]
antidumping duties on all appropriate entries covered by this
review.\13\ If a respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific assessment rates
based on the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate calculated in
the final results of this review is not zero or de minimis. Where an
importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Kanika or
RKF for which these companies did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation,\15\ if there is no rate for the
intermediate company(ies) involved in the transaction.\16\ For the
companies which were not selected for individual review, we will assign
an assessment rate based on the review-specific average rate,
calculated as noted in the ``Preliminary Results of Review'' section
above.
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\15\ See Order, 85 FR at 19926.
\16\ For a full description of this practice, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP no earlier than 35 days
after the publication date of the final results of this review in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
this administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the companies listed in the final results
of this review will be equal to the weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review, or the original investigation, but the producer is, then the
cash deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 0.00 percent, the all-others rate
established in the LTFV investigation as adjusted for the export-
subsidy rate in the companion countervailing duty investigation.\17\
The cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\17\ See Order, 85 FR at 19926.
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Notification to Importers
This notice serves as a preliminary 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 the POR. 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.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
List of Companies Not Individually Examined
1. A H Enterprises
2. Aadi Shree Fastener Industries
3. Aanjaney Micro Engy Pvt., Ltd.
4. Accurate Steel Forgings (I) Ltd.
5. Alps Industries Ltd.
6. Apex Thermocon Pvt., Ltd.
7. Ash Hammer Union
8. Astrotech Steels Pvt., Ltd.
9. Atlantic Container Line Pvt., Ltd.
10. Ats Exp. 07
11. Atz Shipping Trade & Transport Pvt.
12. BA Metal Processing
13. Babu Exports
14. Bee Dee Cycle Industries
15. Bhansali Inc.
16. Boston Exp. & Engineering Co.
17. C.H.Robinson International (India)
18. C.P.World Lines Pvt., Ltd.
19. Century Distribution Systems Inc.
20. Charu Enterprises
21. Chirag International
22. Daksh Fasteners
23. Dedicated Imp. & Exp. Co.
24. Dhiraj Alloy & Stainless Steel
25. Dsv Air and Sea Pvt., Ltd.
26. Eastman Industries Ltd.
27. Eos Precision
28. ESL Steel Ltd.
29. Everest Exp.
30. Everest Industrial Corporation
31. Farmparts Company
32. Fence Fixings
33. Fine Thread Form Industries
34. Galorekart Marketplace Pvt., Ltd.
35. Ganga Acrowools Ltd.
36. Ganpati Fastners Pvt., Ltd.
37. Gateway Engineering Solution
38. GDPA Fasteners
39. Gee Pee Overseas
40. Geodis India Pvt., Ltd. (Indel)
41. Goodgood Manufacturers
42. Idea Fasteners Pvt., Ltd.
43. Jindal Steel And Power Ltd.
44. JSW Steel Ltd.
45. Kanchan Trading Co.
46. Kanhaiya Lal Tandoor (P) Ltd.
47. Kapson India
48. Kapurthala Industrial Corporation
49. Karna International
50. Kei Industries Ltd.
51. King Exports
52. Kintetsu World Express In
53. Kova Fasteners Pvt., Ltd.
54. Linit Exp. Pvt., Ltd.
55. Mahajan Brothers
56. Maharaja International
57. Mangal Steel Enterprises Ltd.
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58. Maya Enterprises
59. Meenakshi India, Ltd.
60. Metalink
61. MKA Engineers And Exporters Pvt., Ltd.
62. National Cutting Tools
63. Nishant Steel Industries
64. NJ Sourcing
65. Noahs Ark International Exp.
66. Nuovo Fastenings Pvt., Ltd.
67. Oia Global India Pvt., Ltd.
68. Otsusa India Pvt., Ltd.
69. Paloma Turning Co. Pvt., Ltd.
70. Patton International Ltd.
71. Perfect Tools & Forgings
72. Permali Wallace Pvt., Ltd.
73. Polycab India Ltd.
74. Pommada Hindustan Pvt., Ltd.
75. Poona Forge Pvt., Ltd.
76. Psl Pipe & Fittings Co.
77. R A Exp.
78. Raajratna Ventures Ltd.
79. Raashika Industries Pvt., Ltd.
80. Rajpan Group
81. Rambal Ltd.
82. Randack Fasteners India Pvt., Ltd.
83. Ratnveer Metals Ltd.
84. Rimjhim Ispat Ltd.
85. Rods & Fixing Fasteners
86. S K Overseas
87. S.M Forgings & Engineering
88. Sandip Brass Industries
89. Sandiya Exp. Pvt., Ltd.
90. Sansera Engineering Pvt., Ltd.
91. Shree Luxmi Fasteners
92. Silverline Metal Engineering Pvt. Ltd.
93. Singhania International Ltd.
94. Sri Satya Sai Enterprises
95. Steampulse Global Llp
96. Steel Authority Of India Ltd.
97. Suchi Fasteners Pvt., Ltd.
98. Supercon Metals Pvt., Ltd.
99. Tekstar Pvt., Ltd.
100. The Technocrats Co.
101. Tijiya Exp. Pvt., Ltd.
102. Tijiya Steel Pvt., Ltd.
103. Tong Heer Fasteners
104. Trans Tool Pvt., Ltd.
105. Universal Engineering and Fabricat
106. V.J Industries Pvt., Ltd.
107. Vidushi Wires Pvt., Ltd.
108. Vrl Automation
109. VV Marine Pvt., Ltd.
110. Yogendra International
111. Zenith Steel Pipes And Industries L
112. Zenith Precision Pvt., Ltd.
[FR Doc. 2023-09424 Filed 5-3-23; 8:45 am]
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