[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Notices]
[Pages 37174-37177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09780]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-887]
Carbon and Alloy Steel Threaded Rod From India: Preliminary
Results and Preliminary Rescission of Antidumping Duty Administrative
Review, In Part, 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that carbon and alloy steel threaded rod (steel threaded rod) from
India was sold in the United States at prices below normal value (NV)
during the period of review (POR) April 1, 2022, through March 31,
2023. We are also preliminarily rescinding the review with respect to
certain companies that had no entries of the subject merchandise during
the POR. We invite interested parties to comment on these preliminary
results.
DATES: Applicable May 6, 2024.
FOR FURTHER INFORMATION CONTACT: 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) 482-8180.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2023, Commerce initiated an administrative review of
the
[[Page 37175]]
antidumping duty (AD) order on steel threaded rod from India, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\1\ Commerce initiated this review for 112 companies.\2\
Commerce selected Mangal Steel Enterprises Limited (Mangal) and Shree
Luxmi Fasteners (SLF) for individual examination as mandatory
respondents.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation
Notice); see also 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 Initiation Notice, 88 FR at 38023-24.
\3\ See Memorandum, ``Respondent Selection,'' dated June 28,
2023. We are preliminarily treating SLF and its affiliate The
Emerging Impex (TEI) as a single entity for purposes of this review.
For further details, see Memorandum, ``Decision Memorandum for the
Preliminary Results of the Antidumping Duty Administrative Review of
Carbon and Alloy Steel Threaded Rod from India; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Commerce extended the time limit for completing the preliminary
results of this review until April 29, 2024.\4\ For details regarding
the events that occurred subsequent to the initiation of the review,
see the Preliminary Decision Memorandum.\5\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023,''
dated December 18, 2023; see also Memorandum, ``Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review; 2022-2023,'' dated April 26, 2024.
\5\ See Preliminary Decision Memorandum.
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Scope of the Order
The product covered by the scope of this Order is carbon and alloy
steel threaded rod from India. A complete description of the scope of
the Order is contained in the Preliminary Decision Memorandum.\6\
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\6\ Id. at ``Scope of the Order.''
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Preliminary Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the AD order
for which liquidation is suspended, Commerce may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer.\7\
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\7\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
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At the end of the administrative review, any suspended entries are
liquidated at the assessment rate computed for the review period.\8\
Therefore, for an administrative review to be conducted, there must be
a reviewable, suspended entry to be liquidated at the newly calculated
assessment rate. Accordingly, pursuant to 19 CFR 351.213(d)(3), we have
preliminarily determined to rescind this administrative review with
respect to the 83 companies listed in Appendix III to this notice that
have no reviewable, suspended entries of subject merchandise during the
POR.\9\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated June 14, 2023, at Attachment.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price and constructed export
price in accordance with sections 772(a) and 772(b) of the Act,
respectively. We calculated NV 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} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin of 10.97 percent for SLF/TEI and zero percent for
Mangal. Therefore, in accordance with section 735(c)(5)(A) of the Act,
we are preliminarily applying SLF/TEI's weighted-average dumping margin
of 10.97 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
We preliminarily determine that the following estimated weighted-
average dumping margins exist during the period April 1, 2022, through
March 31, 2023:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Mangal Steel Enterprises Limited.......................... 0.00
Shree Luxmi Fasteners/The Emerging Impex \10\............. 10.97
Non-Examined Companies \11\............................... 10.97
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Disclosure and Public Comment
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\10\ As noted above, Commerce preliminarily determines that SLF
and TEI are affiliated and should be collapsed. See Preliminary
Decision Memorandum.
\11\ See Appendix II for a list of these companies.
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We intend to disclose the calculations performed to parties within
five days of the date of publication of this notice in the Federal
Register 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 not later than five days after the date for filing case
briefs.\12\ 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.\13\
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\12\ 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 Procedures).
\13\ 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 briefs that should be limited to five pages
total,
[[Page 37176]]
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.\14\ Further, we request
that interested parties limit their public executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the public 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
public 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary, filed electronically via
ACCESS.\16\ Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\17\ If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
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Assessment Rates
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.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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Upon completion of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. 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 such entries covered by this review. 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).
If, in the final results, we continue to find that the
administrative review for companies in Appendix III should be
rescinded, we will instruct CBP to assess antidumping duties on any
suspended entries that entered under their CBP case numbers (i.e., at
that exporter's rate) at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the POR.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Mangal or
SLF/TEI 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 \19\ (i.e., 0.00 percent) if there is
no rate for the intermediate company(ies) involved in the
transaction.\20\ 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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\19\ See Order, 85 FR at 19926.
\20\ 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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Commerce intends to issue assessment 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 the
final results of this administrative review, 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 except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (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 LTFV 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.\21\
The cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\21\ See Order, 85 FR at 19926.
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Final Results of Review
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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
[[Page 37177]]
subsequent assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 29, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Preliminary Rescission of Administrative Review, In Part
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II--List of Companies Not Individually Examined
1. Aadi Shree Fastener Industries
2. Babu Exports
3. Bhansali Inc.
4. Chirag International
5. Everest Industrial Corporation
6. Fence Fixings
7. Fine Thread Form Industries
8. Ganpati Fastners Pvt., Ltd.
9. GDPA Fasteners
10. Goodgood Manufacturers
11. Idea Fasteners Pvt., Ltd.
12. Kanika Exp.
13. Kapson India
14. Kapurthala Industrial Corporation
15. Kova Fasteners Pvt., Ltd.
16. Maharaja International
17. Maya Enterprises
18. Nishant Steel Industries
19. Nuovo Fastenings Pvt., Ltd.
20. R A Exp
21. R K Fasteners (India)
22. Rods & Fixing Fasteners
23. S K Overseas
24. Singhania International Ltd.
25. The Technocrats Co.
26. Viraj Profiles Ltd.
27. Yogendra International
Appendix III--List of Companies for Which We Are Preliminarily
Rescinding the Administrative Review
1. A H Enterprises
2. Aanjaney Micro Engy Pvt., Ltd.
3. Accurate Steel Forgings (I) Ltd.
4. Alps Industries Ltd.
5. Apex Thermocon Pvt., Ltd.
6. Ash Hammer Union
7. Astrotech Steels Pvt., Ltd.
8. Atlantic Container Line Pvt., Ltd.
9. Ats Exp. 07
10. Atz Shipping Trade & Transport Pvt.
11. BA Metal Processing
12. Boston Exp. & Engineering Co.
13. C.H.Robinson International (India)
14. C.P.World Lines Pvt., Ltd.
15. Century Distribution Systems Inc.
16. Charu Enterprises
17. Daksh Fasteners
18. Dedicated Imp. & Exp. Co.
19. Dhiraj Alloy & Stainless Steel
20. Dsv Air and Sea Pvt., Ltd.
21. Eastman Industries Ltd.
22. Eos Precision
23. ESL Steel Ltd
24. Everest Exp.
25. Farmparts Company
26. Galorekart Marketplace Pvt., Ltd.
27. Ganga Acrowools Ltd.
28. Gateway Engineering Solution
29. Gee Pee Overseas
30. Geodis India Pvt., Ltd. (Indel)
31. Jindal Steel And Power Ltd.
32. JSW Steel Ltd.
33. Kanchan Trading Co.
34. Kanhaiya Lal Tandoor (P) Ltd.
35. Karna International
36. Kei Industries Ltd.
37. King Exports
38. Linit Exp. Pvt., Ltd.
39. Mahajan Brothers
40. Meenakshi India, Ltd.
41. Metalink
42. MKA Engineers And Exporters Pvt., Ltd.
43. National Cutting Tools
44. NJ Sourcing
45. Noahs Ark International Exp.
46. Oia Global India Pvt., Ltd.
47. Otsusa India Pvt., Ltd.
48. Paloma Turning Co. Pvt., Ltd.
49. Patton International Ltd.
50. Perfect Tools & Forgings
51. Permali Wallace Pvt., Ltd.
52. Polycab India Ltd.
53. Pommada Hindustan Pvt., Ltd.
54. Poona Forge Pvt., Ltd.
55. Raajratna Ventures Ltd.
56. Raashika Industries Pvt., Ltd.
57. Rajpan Group
58. Rambal Ltd.
59. Randack Fasteners India Pvt., Ltd.
60. Ratnveer Metals Ltd.
61. Rimjhim Ispat Ltd.
62. S.M Forgings & Engineering
63. Sandip Brass Industries
64. Sandiya Exp. Pvt., Ltd.
65. Sansera Engineering Pvt., Ltd.
66. Silverline Metal Engineering Pvt. Lt
67. Sri Satya Sai Enterprises
68. Steampulse Global Llp
69. Steel Authority Of India Ltd.
70. Suchi Fasteners Pvt., Ltd.
71. Supercon Metals Pvt., Ltd.
72. Tekstar Pvt., Ltd.
73. Tijiya Exp. Pvt., Ltd.
74. Tijiya Steel Pvt., Ltd.
75. Tong Heer Fasteners
76. Trans Tool Pvt., Ltd.
77. Universal Engineering and Fabricat
78. V.J Industries Pvt., Ltd.
79. Vidushi Wires Pvt., Ltd.
80. Vrl Automation
81. VV Marine Pvt., Ltd.
82. Zenith Precision Pvt., Ltd.
83. Zenith Steel Pipes And Industries L
[FR Doc. 2024-09780 Filed 5-3-24; 8:45 am]
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