[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56162-56164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22866]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-840]
Carbon and Alloy Steel Threaded Rod From Thailand: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon
and alloy steel threaded rod (steel threaded rod) from Thailand is
being, or is likely to be, sold in the United States at less than fair
value (LTFV) during the period of investigation (POI) January 1, 2018
through December 31, 2018. The final estimated dumping margins of sales
at LTFV are shown in the ``Final Determination'' section of this
notice.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT: Eliza Siordia or Robert Scully 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) 482-3878 or (202) 482-0572,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2019, Commerce published the Preliminary Determination
of this LTFV investigation in which Commerce found that steel threaded
rod from Thailand was sold at LTFV.\1\ In the Preliminary
Determination, Commerce also found that critical circumstances exist
for imports of steel threaded rod from Thailand.\2\ We invited
interested parties to comment on the Preliminary Determination. We
received no comments from interested parties.
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\1\ See Carbon and Alloy Steel Threaded Rod from Thailand:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Preliminary Affirmative Determination of Critical
Circumstances, 84 FR 38597 (August 7, 2019) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id.
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Period of Investigation
The POI is January 1, 2018 through December 31, 2018. This period
corresponds to the four most recent fiscal quarters prior to the month
of the filing of the petition, which was February 2019.\3\
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\3\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation
The product covered by this investigation is steel threaded rod
from Thailand. For a complete description of the scope of this
investigation, see Appendix.
Scope Comments
On July 22, 2019, we issued a Preliminary Scope Memorandum.\4\ The
scope case briefs were due on August 28, 2019.\5\ We received no scope
case briefs from interested parties. Therefore, Commerce has made no
changes to the scope of this investigation since the Preliminary
Determination.
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\4\ See Memorandum, ``Carbon and Alloy Steel Threaded Rod from
India, Taiwan, Thailand, and the People's Republic of China: Scope
Comments Decision Memorandum for the Preliminary Determinations,''
dated July 22, 2019 (Preliminary Scope Memorandum).
\5\ The scope case briefs were due 30 days after the publication
of Carbon and Alloy Steel Threaded Rod From India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 84 FR 36570
(July 29, 2019). See Preliminary Scope Memorandum at 3. The deadline
for scope rebuttal briefs was Monday, September 2, 2019.
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Verification
Because the mandatory respondent in this investigation did not
provide the information requested, Commerce did not conduct
verification.\6\
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\6\ See Preliminary Determination, 84 FR at 38599.
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Analysis of Comments Received
As noted above, we received no comments in response to the
Preliminary Determination. For the final determination, Commerce has
made no changes to the Preliminary Determination.
[[Page 56163]]
Methodology
We continue to find, as stated in the Preliminary Determination,
that the mandatory respondent, Tycoons Worldwide Group (Thailand) Co.
Ltd. (Tycoons), withheld requested information, failed to provide
information by the specified deadlines, and significantly impeded the
proceeding, pursuant to section 776(a) of the Tariff Act of 1930, as
amended (the Act).\7\ Further, we continue to find that Tycoons failed
to cooperate to the best of its ability to comply with our requests for
information, and, accordingly, we continue to apply an adverse
inference when selecting from among the facts otherwise available to
determine the relevant dumping margin, in accordance with section
776(b) of the Act.\8\ We further continue to select the only dumping
margin alleged in the Petition as the rate applicable to Tycoons.\9\
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\7\ See Preliminary Determination, and accompanying PDM at 4-5.
\8\ Id.
\9\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Carbon and Alloy Steel
Threaded Rod from China, India, Taiwan, and Thailand,'' dated
February 21, 2019 (Petition); see also Preliminary Determination,
and accompanying PDM at 5-6.
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Final Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determined that critical circumstances exist for
Tycoons, and for all other producers and/or exporters.\10\ As stated
above, we received no comments with respect to the Preliminary
Determination. Therefore, for this final determination, we continue to
find that, in accordance with section 735(a)(3) of the Act, and 19 CFR
351.206, critical circumstances exist with respect to subject
merchandise exported by Tycoons and for all other producers and/or
exporters.
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\10\ For a full description of the methodology and results of
Commerce's critical circumstances analysis, see Preliminary
Determination, and accompanying PDM at 8-11.
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All-Others Rate
As discussed in the Preliminary Determination, we continue to
assign the dumping margin alleged in the Petition and selected as the
dumping margin for the sole mandatory respondent, Tycoons, as the all-
others rate applicable to all exporters and/or producers not
individually examined.\11\
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\11\ See Preliminary Determination, and accompanying PDM at 8.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Tycoons Worldwide Group (Thailand) Co. Ltd.................. 20.83
All Others.................................................. 20.83
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(4)(A) of the Act, because we
continue to find that critical circumstances exist with respect to
Tycoons and all other producers and/or exporters, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of any entries of shipments of subject merchandise which were entered,
or withdrawn from warehouse, for consumption on or after May 9, 2019,
which is 90 days prior to publication of the Preliminary Determination.
Pursuant to section 735(c)(1) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margin or the estimated all-others
rate, as follows: (1) The cash deposit rate for the respondent listed
above will be equal to the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be 20.83 percent, the all-others estimated
weighted-average dumping margin. These suspension of liquidation and
cash deposit instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of preliminary
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce preliminarily applied adverse
facts available (AFA) to the individually examined company, Tycoons, in
this investigation, in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the Petition, there are no
calculations to disclose.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of steel threaded
rod from Thailand no later than 45 days after this final determination.
If the ITC determines that material injury, or threat of material
injury, does not exist, the proceeding will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the scope of this investigation is
carbon and alloy steel
[[Page 56164]]
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 this investigation 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
investigation, 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 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 the investigations 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 investigation 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 investigations are: (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.
Excluded from the scope of the antidumping investigation on
steel threaded rod from the People's Republic of China is any
merchandise covered by the existing antidumping order on Certain
Steel Threaded Rod from the People's Republic of China. See Certain
Steel Threaded Rod from the People's Republic of China: Notice of
Antidumping Duty Order, 74 FR 17154 (April 14, 2009).
Specifically excluded from the scope of this investigation 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. 2019-22866 Filed 10-18-19; 8:45 am]
BILLING CODE 3510-DS-P