[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22999-23001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07013]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-105]


Carbon and Alloy Steel Threaded Rod From the People's Republic of 
China: Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Ningbo Zhenghai Yongding Fastener Co., Ltd. (Yongding), 
a producer/exporter of carbon and alloy steel threaded rod (threaded 
rod) from the People's Republic of China (China), received 
countervailable subsidies during the period of review (POR) January 1, 
2022, through December 31, 2022. In addition, Commerce is rescinding 
this review, in part, with respect to four companies. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable April 3, 2024.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Thomas Schauer, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3683 or (202) 482-0410, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2020, Commerce published in the Federal Register the 
countervailing duty order on threaded rod from China.\1\ On June 12, 
2023, based on timely requests for an administrative review, Commerce 
published in the Federal Register the notice of initiation of this 
administrative review of the Order with respect to five companies.\2\ 
On December 11, 2023, Commerce extended the deadline for the 
preliminary results of this review until April 26, 2024.\3\
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    \1\ See Alloy and Certain Carbon Steel Threaded Rod from the 
People's Republic of China: Countervailing Duty Orders, 85 FR 19927 
(April 9, 2020) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021, 38031, 38034 n.13 (June 12, 
2023) (Initiation Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review, 2022,'' dated 
December 11, 2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as an appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed

[[Page 23000]]

at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Carbon and Alloy Steel Threaded Rod from the People's 
Republic of China; 2022,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order are threaded rod from China. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Rescission of Administrative Review, In Part

    In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties that 
requested the review withdraw their requests within 90 days of the date 
of publication of the notice of initiation of the requested review. 
Commerce is rescinding this administrative, in part, pursuant to 19 CFR 
351.213(d)(1), for the following parties that requested an 
administrative review and timely withdrew their review requests: Ningbo 
Dingtuo Imp. & Exp. Co., Ltd.; Ningbo Dongxin High-Strength Nut Co., 
Ltd.; Ningbo Jinding Fastening Piece Co., Ltd.; Ningbo Zhongjiang High 
Strength Bolts Co., Ltd.; and Ningbo Zhongmin Metal Product Co., 
Ltd.\5\ For further information, see the ``Final Rescission of 
Administrative Review, In Part'' section in the Preliminary Decision 
Memorandum.
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    \5\ Commerce previously found Ningbo Zhongmin Metal Product Co., 
Ltd. to be a cross-owned affiliate of Ningbo Zhongjiang High 
Strength Bolts Co., Ltd. See Carbon and Alloy Steel Threaded Rod 
from the People's Republic of China: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 84 FR 36578 
(July 29, 2019), and accompanying Preliminary Decision Memorandum at 
2 and 27-28, unchanged in Carbon and Alloy Steel Threaded Rod From 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, 85 FR 8833 (February 18, 2020) (Final 
Determination), and accompanying Issues and Decision Memorandum at 
Comment 7. Accordingly, we initiated this review with respect to 
Ningbo Zhongjiang High Strength Bolts Co., Ltd. and its cross-owned 
entity, Ningbo Zhongmin Metal Product Co., Ltd. See Initiation 
Notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\6\ For a full description of the methodology 
underlying our preliminary conclusions, including our reliance, in 
part, on adverse facts available pursuant to sections 776(a) and (b) of 
the Act, see the Preliminary Decision Memorandum.\7\
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \7\ See Preliminary Decision Memorandum at 8-38.
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Preliminary Results of Review

    Commerce preliminarily determines that the following net 
countervailable subsidy rate exists for the period January 1, 2022, 
through December 31, 2022:
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    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds Ningbo Yongzan Machinery Parts Co., 
Ltd. to be cross-owned with Ningbo Zhenghai Yongding Fastener Co., 
Ltd.

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                                                            Subsidy rate
                          Company                           (percent  ad
                                                              valorem)
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Ningbo Zhenghai Yongding Fastener Co., Ltd.\8\............        17.39
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days of the date 
of publication of this notice in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of these preliminary results of 
review in the Federal Register.\9\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the deadline for filing case briefs.\10\ Interested parties who submit 
case briefs or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\11\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2)
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\12\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS. An electronically-filed request must 
be received successfully, and in its entirety, by ACCESS within 30 days 
after 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 issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\14\ An electronically-
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
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    \14\ See 19 CFR 351.303.
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Final Results of Review

    Unless the deadline is extended, we intend to issue the final 
results of this administrative review, which will include the results 
of our analysis of the issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h).

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(4)(i), we preliminarily determined subsidy rates in the 
amount for Yongding. Consistent with section 751(a)(1) of the Act and 
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce 
shall determine, and U.S. Customs and Border Protection (CBP) shall 
assess, countervailing duties on all appropriate entries covered by 
this review. We intend to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a

[[Page 23001]]

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).
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends, upon publication of the final results, to instruct CBP to 
collect cash deposits of the estimated countervailing duties in the 
amount calculated in the final results of this administrative review 
for Yongding with regard to shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. If the 
rate calculated in the final results is zero or de minimis, no cash 
deposit will be required on shipments of the subject merchandise 
entered or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review.
    For all non-reviewed firms, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate 
(i.e., 41.17 percent) \15\ for the most recent company-specific rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \15\ See Final Determination.
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Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(d)(4) and (h)(2), and 19 CFR 351.221(b)(4).

    Dated: March 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2024-07013 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P