[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)
------------------------------------------------------------------------
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.

[[Page 28505]]

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]
BILLING CODE 3510-DS-P