[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75265-75267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24187]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-887]


Carbon and Alloy Steel Threaded Rod From India: Final 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) determines that 
carbon and alloy steel threaded rod (steel threaded rod) from India was 
sold in the United States at below normal value during the period of 
review (POR), April 1, 2021, through March 31, 2022. Commerce also 
determines that one mandatory respondent did not make sales of subject 
merchandise at below normal value during the POR.

DATES: Applicable November 2, 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 May 4, 2023, Commerce published the Preliminary Results of this 
administrative review and invited parties to comment on the Preliminary 
Results.\1\ This administrative review covers 114 companies.\2\ 
Commerce selected Kanika Exports (Kanika) and R K Fasteners (India) 
(RKF) as the two respondents for individual examination.\3\ On August 
17, 2023, Commerce extended the deadline for the final results of this 
review until October 31, 2023.\4\ For a complete description of the 
events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\5\
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    \1\ See Carbon and Alloy Steel Threaded Rod from India: 
Preliminary Results of Antidumping Duty Administrative Review, 2021-
2022, 88 FR 28502 (May 4, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 87 FR 48459 (August 9, 2022) (correcting the prior 
initiation notice that inadvertently omitted one company).
    \3\ See Memorandum, ``Respondent Selection,'' dated August 2, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review: 2021-2022,'' dated August 
17, 2023.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues and 
Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 6
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    \6\ 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).
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    The merchandise covered by the scope of this Order is carbon and 
alloy

[[Page 75266]]

steel threaded rod from India. A complete description of the scope of 
the Order is provided in the Issues and Decision Memorandum.\7\
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    \7\ See Issues and Decision Memorandum at ``Scope of the 
Order.''
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by interested parties in this review are addressed in the 
Issues and Decision Memorandum. A list of the issues is attached to 
this notice at Appendix I. The Issues and 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 Issues 
and Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for Kanika in these final results. 
We did not make any change to RKF's margin calculations. For a 
discussion of these changes, see the ``Discussion of the Issues'' 
section of the Issues and Decision Memorandum.

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 calculated a weighted-average dumping 
margins 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 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.

Final Results of the Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist during the period April 1, 2021, through March 
31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Kanika Exports..........................................            0.00
R K Fasteners (India)...................................            2.37
Companies Not Selected for Individual Review \8\........            2.37
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Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed for these final results of review within five days of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).
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    \8\ See Appendix II for a full list of these companies.
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results 
this review.\9\
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    \9\ See 19 CFR 351.212(b)(1).
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    For RKF, we calculated 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). Where an importer-specific 
assessment rate is either zero or de minimis (i.e., less than 0.5 
percent), the entries by that importer will be liquidated without 
regard to antidumping duties. Because the weighted-average dumping 
margin for Kanika has been determined to be zero percent, we intend to 
instruct CBP to liquidate Kanika's entries without regard to 
antidumping duties in accordance with 19 CFR 351.106(c)(2).
    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 of 0.00 percent,\10\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\11\
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    \10\ See Order, 85 FR at 19926.
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies that were not selected for individual 
examination, we will instruct CBP to liquidate entries at the rate 
established in these final results of review.
    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 for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of review in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed in these final results 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, a prior review, or the original 
investigation but the producer is, then

[[Page 75267]]

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, adjusted for the export-subsidy 
rate in the companion countervailing duty investigation.\12\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ See Order, 85 FR at 19926.
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Notification to Importers

    This notice serves as a final 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3), which continues to 
govern business proprietary information in this segment of the 
proceeding. 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 sanctionable violation.

Notification to Interested Parties

    This notice is being issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 
351.221(b)(5).

    Dated: October 26, 2023
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Kanika's Allocation of Zinc Coating Costs is 
Inaccurate
    Comment 2: Whether Kanika's Allocation of Variable Overhead 
Costs is Inaccurate
    Comment 3: Whether Kanika's Allocation of Fixed Overhead is 
Inaccurate
    Comment 4: Whether Kanika Significantly Manipulated Its Costs
    Comment 5: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to Kanika
    Comment 6: Whether Kanika Misreported Its Sales Information
    Comment 7: Whether RKF Under-Reported Its Freight Costs
    Comment 8: Whether Commerce Should Reject RKF's Claim for 
Freight Revenue
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.
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. Lt
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. 2023-24187 Filed 11-1-23; 8:45 am]
BILLING CODE 3510-DS-P