[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19925-19927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07481]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-887]
Carbon and Alloy Steel Threaded Rod From India: Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC), we
are issuing an antidumping duty order on carbon and alloy steel
threaded rod (threaded rod) from India. Additionally, we are amending
our final affirmative determination of sales at less than fair value
(LTFV) for carbon and alloy steel threaded rod from India as a result
of a ministerial error.
DATES: Applicable April 9, 2020.
FOR FURTHER INFORMATION CONTACT: Annathea Cook or Jerry Huang, 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) 482-0250 or (202) 482-4047,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 18,
2020, Commerce published its affirmative final determination in the
LTFV investigation of imports of carbon and alloy steel threaded rod
from India.\1\ On April 3, 2020, the ITC notified Commerce of its final
determination, pursuant to section 735(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured by reason of the
LTFV imports of carbon and alloy steel threaded rod from India.\2\
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\1\ See Carbon and Alloy Steel Threaded Rod from India: Final
Affirmative Determination of Sales at Less Than Fair Value, 85 FR
8818 (February 18, 2020) (Final Determination).
\2\ See Letter to Jeffrey Kessler, Assistant Secretary of
Commerce for Enforcement and Compliance, from David S. Johanson,
Chairman of the U.S. International Trade Commission, regarding steel
threaded rod from China and India, (April 3, 2020) (ITC Letter).
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Scope of the Order
The merchandise covered by this order is carbon and alloy steel
threaded rod from India. For a complete description of the scope of the
order, see the appendix to this notice.
Amendment to the Final Determination
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\3\
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\3\ See section 735(e) of the Act; and 19 CFR 351.224(f).
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Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the Final Determination to reflect the
correction of a ministerial error in the final estimated weighted-
average dumping margin calculated for Mangal Steel Enterprise Limited
(Mangal).\4\ In addition, because Mangal's estimated weighted-average
dumping margin forms the basis for the estimated weighted-average
dumping margin determined for all other companies, we also are revising
the all others margin. The amended estimated weighted-average dumping
margins are listed in the ``Estimated Weighted-Average Dumping
Margins'' section below.
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\4\ See Memorandum, ``Antidumping Duty Investigation of Carbon
and Alloy Steel Threaded Rod from India--Ministerial Error
Allegation in the Final Determination,'' dated March 16, 2020.
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Antidumping Duty Order
On April 3, 2020, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination in this investigation,
in which it found that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act by
reason of
[[Page 19926]]
LTFV imports of threaded rod from India.\5\ Therefore, in accordance
with sections 735(c)(2) and 736 of the Act, Commerce is issuing this
antidumping duty order.
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\5\ See ITC Letter.
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Because the ITC determined that imports of threaded rod from India
are materially injuring a U.S. industry, unliquidated entries of such
merchandise from India, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, antidumping duties equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise, for all relevant
entries of threaded rod from China. Antidumping duties will be assessed
on unliquidated entries of threaded rod from China entered, or
withdrawn from warehouse, for consumption on or after September 25,
2019, the date of publication of the Preliminary Determination,\6\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination as further described below.
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\6\ See Carbon and Alloy Steel Threaded Rod from India:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 84 FR 50376 (September 25, 2019) (Preliminary
Determination).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation of threaded rod from India as
described in the appendix to this notice which are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's notice of final determination in the Federal
Register. These instructions suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the cash deposit rates listed below.\7\ The all others rate applies to
all producers or exporters not specifically listed.
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\7\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The weighted-average dumping margins are as follows:
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Cash deposit
Weighted- rate (adjusted
average for export
Exporter/producer dumping margin subsidy
(percent) offset(s))
(percent)
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Daksh Fasteners......................... 28.34 22.86
Mangal Steel Enterprise Limited......... 2.75 0.00
All Others.............................. 2.75 0.00
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
Because Mangal, accounting for a significant proportion of threaded rod
from India, requested an extension of provisional measures,\8\ we
extended the four-month period to six months in this proceeding. The
period began on September 25, 2019 and ended on March 22, 2020.
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\8\ See Mangal's Letter, ``Antidumping Investigation of Carbon
and Alloy Steel Threaded Rod from India: Request for Postponement of
Final Determination,'' dated August 21, 2019.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of threaded rod from India entered, or withdrawn
from warehouse, for consumption after March 22, 2020, the date the
provisional measures expired, through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
threaded rod from India pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: April 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Order
The merchandise covered by the scope of this order is carbon and
alloy steel threaded rod. Steel threaded rod is certain threaded
rod, bar, or studs, of carbon or alloy steel, having a solid,
circular cross section of any diameter, in any straight length.
Steel threaded rod is normally drawn, cold-rolled, threaded, and
straightened, or it may be hot-rolled. In addition, the steel
threaded rod, bar, or studs subject to these investigations are non-
headed and threaded along greater than 25 percent of their total
actual length. A variety of finishes or coatings, such as plain oil
finish as a temporary rust protectant, zinc coating (i.e.,
galvanized, whether by electroplating or hot-dipping), paint, and
other similar finishes and coatings, may be applied to the
merchandise.
Steel threaded rod is normally produced to American Society for
Testing and Materials (ASTM) specifications ASTM A36, ASTM A193 B7/
B7m, ASTM A193 B16, ASTM A307, ASTM A320 L7/L7M, ASTM A320 L43, ASTM
A354 BC and BD, ASTM A449, ASTM F1554-36, ASTM F1554-55, ASTM F1554
Grade 105, American Society of Mechanical Engineers (ASME)
specification ASME B18.31.3, and American Petroleum Institute (API)
specification API 20E. All steel threaded rod meeting the physical
description set forth above is covered by the scope of this order,
whether or not produced according to a particular standard.
Subject merchandise includes material matching the above
description that has been finished, assembled, or packaged in a
third country, including by cutting, chamfering, coating, or
painting the threaded rod, by
[[Page 19927]]
attaching the threaded rod to, or packaging it with, another
product, or any other finishing, assembly, or packaging operation
that would not otherwise remove the merchandise from the scope of
this order if performed in the country of manufacture of the
threaded rod.
Carbon and alloy steel threaded rod are also included in the
scope of this order whether or not imported attached to, or in
conjunction with, other parts and accessories such as nuts and
washers. If carbon and alloy steel threaded rod are imported
attached to, or in conjunction with, such non-subject merchandise,
only the threaded rod is included in the scope.
Excluded from the scope of this order is: (1) Threaded rod, bar,
or studs which are threaded only on one or both ends and the
threading covers 25 percent or less of the total actual length; and
(2) stainless steel threaded rod, defined as steel threaded rod
containing, by weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with our without other elements.
Specifically excluded from the scope of this order is threaded
rod that is imported as part of a package of hardware in conjunction
with a ready-to-assemble piece of furniture.
Steel threaded rod is currently classifiable under subheadings
7318.15.5051, 7318.15.5056, and 7318.15.5090 of the Harmonized
Tariff Schedule of the United States (HTSUS). Subject merchandise
may also enter under subheading 7318.15.2095 and 7318.19.0000 of the
HTSUS. The HTSUS subheadings are provided for convenience and U.S.
Customs purposes only. The written description of the scope is
dispositive.
[FR Doc. 2020-07481 Filed 4-8-20; 8:45 am]
BILLING CODE 3510-DS-P