[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]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \6\ Id. at ``Scope of the Order.''
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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)
------------------------------------------------------------------------
Mangal Steel Enterprises Limited..........................          0.00
Shree Luxmi Fasteners/The Emerging Impex \10\.............         10.97
Non-Examined Companies \11\...............................         10.97
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \18\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \21\ See Order, 85 FR at 19926.
---------------------------------------------------------------------------

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]
BILLING CODE 3510-DS-P