[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]
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