80_FR_26310 80 FR 26222 - Certain Steel Threaded Rod From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2013-2014

80 FR 26222 - Certain Steel Threaded Rod From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range26222-26224
FR Document2015-11082

The Department of Commerce (the ``Department'') is conducting the fifth administrative review of the antidumping duty order on certain steel threaded rod (``STR'') from the People's Republic of China (``PRC''),\1\ for the period of review (``POR''), April 1, 2013, to March 31, 2014. The Department selected two respondents for individual review, Gem-Year Industrial Co., Ltd. (``Gem-Year''), and the RMB/IFI Group.\2\ We preliminary determine that Gem-Year and the RMB/IFI Group failed to cooperate by not acting to the best of their ability to comply with the Department's request for information, warranting the application of facts otherwise available with adverse inferences, pursuant to sections 776(a)-(b) of the Tariff Act of 1930, as amended (``Act''). As a part of the application of adverse facts available (``AFA''), we preliminarily determine to treat Gem-Year and the RMB/IFI Group as part of the PRC-wide entity.\3\ If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26222-26224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11082]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2013-2014

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

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
the fifth administrative review of the antidumping duty order on 
certain steel threaded rod (``STR'') from the People's Republic of 
China (``PRC''),\1\ for the period of review (``POR''), April 1, 2013, 
to March 31, 2014. The Department selected two respondents for 
individual review, Gem-Year Industrial Co., Ltd. (``Gem-Year''), and 
the RMB/IFI Group.\2\ We preliminary determine that Gem-Year and the 
RMB/IFI Group failed to cooperate by not acting to the best of their 
ability to comply with the Department's request for information, 
warranting the application of facts otherwise available with adverse 
inferences, pursuant to sections 776(a)-(b) of the Tariff Act of 1930, 
as amended (``Act''). As a part of the application of adverse facts 
available (``AFA''), we preliminarily determine to treat Gem-Year and 
the RMB/IFI Group as part of the PRC-wide entity.\3\ If these 
preliminary results are adopted in the final results, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to assess 
antidumping duties on all appropriate entries of subject merchandise 
during the POR. Interested parties are invited to comment on these 
preliminary results.
---------------------------------------------------------------------------

    \1\ See Certain Steel Threaded Rod from the People's Republic of 
China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 
2009) (``Order'').
    \2\ RMB Fasteners Ltd., IFI & Morgan Ltd., and Jiaxing Brother 
Standard Part Co., Ltd. (collectively ``the RMB/IFI Group'').
    \3\ See Department Memorandum, ``Certain Steel Threaded Rod from 
the People's Republic of China: Decision Memorandum for the 
Preliminary Results of the 2013-2014 Antidumping Duty Administrative 
Review,'' (``Preliminary Decision Memorandum''), dated concurrently 
with these results and hereby adopted by this notice.

---------------------------------------------------------------------------
DATES: Effective Date: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Jerry Huang, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 
482-4047, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 29, 2014, the Department initiated an administrative review 
of the antidumping duty order on certain steel threaded rod from the 
PRC for the period, April 1, 2013, through March 31, 2014, for 92 
companies.\4\ On June 18, 2014, Vulcan Threaded Products, Inc. 
(``Petitioner'') timely withdrew its request for an administrative 
review of 83 companies.\5\ On September 23, 2014,

[[Page 26223]]

the Department rescinded this administrative review with respect to 83 
companies named in the Initiation Notice based on the timely withdrawal 
of requests for review,\6\ in accordance with 19 CFR 351.213(d)(1).\7\ 
Accordingly, nine companies remain under review for these preliminary 
results.
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
30809 (May 29, 2014) (``Initiation Notice'').
    \5\ See Letter to the Department from Petitioner, ``Fifth 
Administrative Review of Certain Steel Threaded Rod from China: 
Petitioner's Withdrawal of Review Requests for Specific Companies'' 
(June 18, 2014).
    \6\ See Certain Steel Threaded Rod from the People's Republic of 
China: Partial Rescission of Antidumping Duty Administrative Review, 
79 FR 56768, (September 23, 2014) (``Partial Rescission Notice'').
    \7\ Id.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order includes steel threaded rod. 
The subject merchandise is currently classifiable under subheading 
7318.15.5051, 7318.15.5056, 7318.15.5090, and 7318.15.2095 of the 
United States Harmonized Tariff Schedule (``HTSUS''). Although the 
HTSUS subheading is provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.\8\
---------------------------------------------------------------------------

    \8\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

PRC-Wide Entity

    As noted above, a review was requested, but not rescinded, for nine 
companies. Aside from the mandatory respondents, Gem-Year and RMB/IFI 
Group, the remaining seven companies are not eligible for separate rate 
status or rescission because none submitted a completed separate rate 
application or certification.\9\ Accordingly, these seven companies are 
part of the PRC-wide entity. Additionally, the Department preliminarily 
determines that Gem-Year and the RMB/IFI Group, the mandatory 
respondents, failed to cooperate by not acting to the best of their 
abilities to comply with requests for information, and therefore, 
neither is eligible for a separate rate. Accordingly, the Department 
preliminarily finds, based on AFA, that the PRC-wide entity also 
includes these two companies.\10\
---------------------------------------------------------------------------

    \9\ These companies are: (1) Fastco (Shanghai) Trading Co., 
Ltd., (2) Haiyan Dayu Fasteners Co., Ltd., (3) Jiaxing Brother 
Standard Part, (4) Midas Union Co., Ltd., (5) Shanghai P&J 
International Trading Co., Ltd., (6) New Pole Power System Co. Ltd., 
and (7) Zhejiang Morgan Brother Technology Co., Ltd.
    \10\ See section 776(b) of the Act.
---------------------------------------------------------------------------

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\11\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate is not subject to change, (i.e., 206 percent).\12\
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \12\ See Certain Steel Threaded Rod From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 79 FR 71743, 71744 and accompanying Issues and Decision 
Memorandum (``4th AR STR Final Results'').
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision 
Memorandum.\13\ 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 http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \13\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix II to this notice.
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that, for the period April 
1, 2013, through March 31, 2014, the companies identified in Appendix I 
to this notice are part of the PRC-wide entity.

Public Comment & Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\14\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\15\ Parties who submit arguments are requested to 
submit with the argument (a) a statement of the issue, (b) a brief 
summary of the argument, and (c) a table of authorities.\16\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing system, ACCESS.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1)-(2).
    \16\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\17\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\18\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\19\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
    \18\ Id.
    \19\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\20\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results, the Department will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- 
(or customer-) specific ad valorem rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\21\ Where either a respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to

[[Page 26224]]

liquidate appropriate entries without regard to antidumping duties.\22\ 
We intend to instruct CBP to liquidate entries containing subject 
merchandise exported by the PRC-wide entity at the PRC-wide rate.
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.212(b)(1).
    \22\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases.\23\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during the 
administrative review, the Department will instruct CBP to liquidate 
such entries at the PRC-wide rate. Additionally, if the Department 
determines that an exporter had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
PRC-wide rate.\24\
---------------------------------------------------------------------------

    \23\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \24\ Id.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For any companies listed that 
have a separate rate, the cash deposit rate will be that established in 
the final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Companies Subject to the Administrative Review That Are 
Preliminarily Determined To Be Part of the PRC-Wide Entity

Fastco (Shanghai) Trading Co., Ltd.
Gem-Year Industrial Co., Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Jiaxing Brother Standard Part Co., Ltd., IFI & Morgan Ltd. and RMB 
Fasteners Ltd. (collectively ``RMB/IFI Group'')
Jiaxing Brother Standard Part.
Midas Union Co., Ltd.
New Pole Power System Co. Ltd.
Shanghai P&J International Trading Co., Ltd.
Zhejiang Morgan Brother Technology Co. Ltd.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum:

Summary
    1. Background
    2. Verification
    3. Respondent Selection
    4. Scope of the Order
    5. Questionnaires
    6. Non-Market Economy Country
    7. PRC-Wide Entity
    8. Separate Rates
    9. Application of Facts Available and Use of Adverse Inference
    10. Conclusion

[FR Doc. 2015-11082 Filed 5-6-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                  26222                           Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices

                                                  may relate to matters under the                         such information about an individual                  Republic of China (‘‘PRC’’),1 for the
                                                  investigative jurisdiction of another                   that is relevant and necessary to                     period of review (‘‘POR’’), April 1, 2013,
                                                  agency. Such information cannot readily                 accomplish a purpose of the agency                    to March 31, 2014. The Department
                                                  be segregated.                                          required by statute or Executive Order.               selected two respondents for individual
                                                     Reasons for exemptions under 5                       An exemption from the foregoing is                    review, Gem-Year Industrial Co., Ltd.
                                                  U.S.C. 552a(k)(5):                                      needed:                                               (‘‘Gem-Year’’), and the RMB/IFI Group.2
                                                     (1) 5 U.S.C. 552a(c)(3) requires that an               a. Because it is not possible to detect             We preliminary determine that Gem-
                                                  agency make accountings of disclosures                  relevance or necessity of specific                    Year and the RMB/IFI Group failed to
                                                  of records available to individuals                     information in the early stages of an                 cooperate by not acting to the best of
                                                  named in the records at their request.                  investigation.                                        their ability to comply with the
                                                  These accountings must state the date,                    b. Relevance and necessity are                      Department’s request for information,
                                                  nature and purpose of each disclosure of                questions of judgment and timing. What                warranting the application of facts
                                                  the record and the name and address of                  appears relevant and necessary when                   otherwise available with adverse
                                                  the recipient. The application of this                  collected may ultimately be determined                inferences, pursuant to sections 776(a)–
                                                  provision would alert subjects of an                    to be unnecessary. It is only after that              (b) of the Tariff Act of 1930, as amended
                                                  investigation to the existence of the                   information is evaluated that the                     (‘‘Act’’). As a part of the application of
                                                  investigation and that such persons are                 relevance and necessity of such                       adverse facts available (‘‘AFA’’), we
                                                  subjects of that investigation. Since                   information can be established.                       preliminarily determine to treat Gem-
                                                  release of such information to subjects                   c. In any investigation the Inspector               Year and the RMB/IFI Group as part of
                                                  of an investigation would provide the                   General may obtain information                        the PRC-wide entity.3 If these
                                                  subject with significant information                    concerning the violations of laws other               preliminary results are adopted in the
                                                  concerning the nature of the                            than those within the scope of his or her             final results, the Department will
                                                  investigation, it could result in the                   jurisdiction. In the interest of effective            instruct U.S. Customs and Border
                                                  altering or destruction of documentary                  law enforcement, the Inspector General                Protection (‘‘CBP’’) to assess
                                                  evidence, improper influencing of                       should retain this information as it may              antidumping duties on all appropriate
                                                  witnesses, and other activities that                    aid in establishing patterns of criminal              entries of subject merchandise during
                                                  could impede or compromise the                          activity, and provide leads for those law             the POR. Interested parties are invited to
                                                  investigation.                                          enforcement agencies charged with                     comment on these preliminary results.
                                                     (2) 5 U.S.C. 552a(d), (e)(4)(G) and (H),
                                                                                                          enforcing other segments of criminal or               DATES: Effective Date: May 7, 2015.
                                                  and (f) relate to an individual’s right to
                                                                                                          civil law.                                            FOR FURTHER INFORMATION CONTACT: Julia
                                                  be notified of the existence of records
                                                                                                            d. In interviewing persons, or                      Hancock or Jerry Huang, AD/CVD
                                                  pertaining to such individual;
                                                                                                          obtaining other forms of evidence                     Operations, Office V, Enforcement and
                                                  requirements for identifying an
                                                                                                          during an investigation, information                  Compliance, International Trade
                                                  individual who requests access to
                                                                                                          may be supplied to the investigator                   Administration, Department of
                                                  records; and the agency procedures
                                                  relating to access to records and the                   which relate to matters incidental to the             Commerce, 14th Street and Constitution
                                                  contest of information contained in such                main purpose of the investigation but                 Avenue NW., Washington, DC 20230;
                                                  records. This system is exempt from the                 which may relate to matters under                     telephone: (202) 482–1394 or (202) 482–
                                                  foregoing provisions for the following                  investigative jurisdiction of another                 4047, respectively.
                                                  reasons: To notify an individual at the                 agency. Such information cannot readily
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  individual’s request of the existence of                be segregated.
                                                  records in an investigative file                          Dated: April 28, 2015.                              Background
                                                  pertaining to such individual or to grant               Brenda Dolan,                                            On May 29, 2014, the Department
                                                  access to an investigative file could                   Departmental Freedom of Information and               initiated an administrative review of the
                                                  interfere with investigative and                        Privacy Act Officer.                                  antidumping duty order on certain steel
                                                  enforcement proceedings; co-defendants                  [FR Doc. 2015–10979 Filed 5–6–15; 8:45 am]            threaded rod from the PRC for the
                                                  of a right to a fair trial; constitute an               BILLING CODE 3510–55–P                                period, April 1, 2013, through March 31,
                                                  unwarranted invasion of personal                                                                              2014, for 92 companies.4 On June 18,
                                                  privacy of others; disclose the identity                                                                      2014, Vulcan Threaded Products, Inc.
                                                  of confidential sources and reveal                      DEPARTMENT OF COMMERCE                                (‘‘Petitioner’’) timely withdrew its
                                                  confidential information supplied by                                                                          request for an administrative review of
                                                  these sources; and disclose investigative               International Trade Administration                    83 companies.5 On September 23, 2014,
                                                  techniques and procedures.
                                                     (3) 5 U.S.C. 552a(e)(4)(I) requires the              [A–570–932]                                              1 See Certain Steel Threaded Rod from the

                                                  publication of the categories of sources                                                                      People’s Republic of China: Notice of Antidumping
                                                  of records in each system of records.                   Certain Steel Threaded Rod From the                   Duty Order, 74 FR 17154 (April 14, 2009) (‘‘Order’’).
                                                                                                                                                                   2 RMB Fasteners Ltd., IFI & Morgan Ltd., and
                                                  The application of this provision could                 People’s Republic of China:
                                                                                                                                                                Jiaxing Brother Standard Part Co., Ltd. (collectively
                                                  disclose investigative techniques and                   Preliminary Results of the                            ‘‘the RMB/IFI Group’’).
                                                  procedures and cause sources to refrain                 Antidumping Duty Administrative                          3 See Department Memorandum, ‘‘Certain Steel

                                                  from giving such information because of                 Review; 2013–2014                                     Threaded Rod from the People’s Republic of China:
                                                  fear of reprisal, or fear of breach of                                                                        Decision Memorandum for the Preliminary Results
                                                                                                          AGENCY:  Enforcement and Compliance,                  of the 2013–2014 Antidumping Duty
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  promises of anonymity and                                                                                     Administrative Review,’’ (‘‘Preliminary Decision
                                                                                                          International Trade Administration,
                                                  confidentiality. This would compromise                                                                        Memorandum’’), dated concurrently with these
                                                                                                          Department of Commerce.
                                                  the ability to conduct investigations,                                                                        results and hereby adopted by this notice.
                                                  and to make fair and objective decisions                SUMMARY: The Department of Commerce                      4 See Initiation of Antidumping and


                                                  on questions of suitability for Federal                 (the ‘‘Department’’) is conducting the                Countervailing Duty Administrative Reviews and
                                                                                                          fifth administrative review of the                    Request for Revocation in Part, 79 FR 30809 (May
                                                  employment and related issues.                                                                                29, 2014) (‘‘Initiation Notice’’).
                                                     (4) 5 U.S.C. 552a(e)(1) requires each                antidumping duty order on certain steel                  5 See Letter to the Department from Petitioner,

                                                  agency to maintain in its records only                  threaded rod (‘‘STR’’) from the People’s              ‘‘Fifth Administrative Review of Certain Steel



                                             VerDate Sep<11>2014   18:07 May 06, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\07MYN1.SGM   07MYN1


                                                                                   Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices                                                    26223

                                                  the Department rescinded this                           policy, the PRC-wide entity will not be               the argument (a) a statement of the
                                                  administrative review with respect to 83                under review unless a party specifically              issue, (b) a brief summary of the
                                                  companies named in the Initiation                       requests, or the Department self-                     argument, and (c) a table of
                                                  Notice based on the timely withdrawal                   initiates, a review of the entity. Because            authorities.16 Parties submitting briefs
                                                  of requests for review,6 in accordance                  no party requested a review of the PRC-               should do so pursuant to the
                                                  with 19 CFR 351.213(d)(1).7                             wide entity in this review, the entity is             Department’s electronic filing system,
                                                  Accordingly, nine companies remain                      not under review and the entity’s rate is             ACCESS.
                                                  under review for these preliminary                      not subject to change, (i.e., 206                        Any interested party may request a
                                                  results.                                                percent).12                                           hearing within 30 days of publication of
                                                                                                          Methodology                                           this notice.17 Hearing requests should
                                                  Scope of the Order
                                                                                                                                                                contain the following information: (1)
                                                     The merchandise covered by the order                    The Department conducted this                      The party’s name, address, and
                                                  includes steel threaded rod. The subject                review in accordance with section                     telephone number; (2) the number of
                                                  merchandise is currently classifiable                   751(a)(1)(B) of the Act. For a full                   participants; and (3) a list of the issues
                                                  under subheading 7318.15.5051,                          description of the methodology                        to be discussed. Oral presentations will
                                                  7318.15.5056, 7318.15.5090, and                         underlying our conclusions, see the                   be limited to issues raised in the
                                                  7318.15.2095 of the United States                       Preliminary Decision Memorandum.13                    briefs.18 If a request for a hearing is
                                                  Harmonized Tariff Schedule                              The Preliminary Decision Memorandum                   made, parties will be notified of the
                                                  (‘‘HTSUS’’). Although the HTSUS                         is a public document and is on file                   time and date for the hearing to be held
                                                  subheading is provided for convenience                  electronically via Enforcement and                    at the U.S. Department of Commerce,
                                                  and customs purposes, the written                       Compliance’s Antidumping and                          14th Street and Constitution Avenue
                                                  description of the merchandise is                       Countervailing Duty Centralized                       NW., Washington, DC 20230.19
                                                  dispositive.8                                           Electronic Service System (‘‘ACCESS’’).                  The Department intends to issue the
                                                                                                          ACCESS is available to registered users               final results of this administrative
                                                  PRC-Wide Entity                                         at http://access.trade.gov, and is                    review, which will include the results of
                                                    As noted above, a review was                          available to all parties in the Central               our analysis of all issues raised in the
                                                  requested, but not rescinded, for nine                  Records Unit, room 7046 of the main                   case briefs, within 120 days of
                                                  companies. Aside from the mandatory                     Department of Commerce building. In                   publication of these preliminary results
                                                  respondents, Gem-Year and RMB/IFI                       addition, a complete version of the                   in the Federal Register, unless
                                                  Group, the remaining seven companies                    Preliminary Decision Memorandum can                   extended, pursuant to section
                                                  are not eligible for separate rate status               be accessed directly on the internet at               751(a)(3)(A) of the Act.
                                                  or rescission because none submitted a                  http://www.trade.gov/enforcement/. The
                                                  completed separate rate application or                  signed Preliminary Decision                           Assessment Rates
                                                  certification.9 Accordingly, these seven                Memorandum and the electronic                            Upon issuance of the final results, the
                                                  companies are part of the PRC-wide                      versions of the Preliminary Decision                  Department will determine, and CBP
                                                  entity. Additionally, the Department                    Memorandum are identical in content.                  shall assess, antidumping duties on all
                                                  preliminarily determines that Gem-Year                  Preliminary Results of Review                         appropriate entries covered by this
                                                  and the RMB/IFI Group, the mandatory                                                                          review.20 The Department intends to
                                                  respondents, failed to cooperate by not                   The Department preliminarily
                                                                                                                                                                issue assessment instructions to CBP 15
                                                                                                          determines that, for the period April 1,
                                                  acting to the best of their abilities to                                                                      days after the publication date of the
                                                                                                          2013, through March 31, 2014, the
                                                  comply with requests for information,                                                                         final results of this review.
                                                                                                          companies identified in Appendix I to
                                                  and therefore, neither is eligible for a                                                                         For any individually examined
                                                                                                          this notice are part of the PRC-wide
                                                  separate rate. Accordingly, the                                                                               respondent whose weighted average
                                                                                                          entity.
                                                  Department preliminarily finds, based                                                                         dumping margin is above de minimis
                                                  on AFA, that the PRC-wide entity also                   Public Comment & Opportunity To                       (i.e., 0.50 percent) in the final results,
                                                  includes these two companies.10                         Request a Hearing                                     the Department will calculate importer-
                                                    The Department’s change in policy                        Interested parties may submit case                 specific assessment rates on the basis of
                                                  regarding conditional review of the                     briefs within 30 days after the date of               the ratio of the total amount of dumping
                                                  PRC-wide entity applies to this                         publication of these preliminary results              calculated for the importer’s examined
                                                  administrative review.11 Under this                     of review.14 Rebuttals to case briefs,                sales to the total entered value of sales,
                                                                                                          which must be limited to issues raised                in accordance with 19 CFR
                                                  Threaded Rod from China: Petitioner’s Withdrawal                                                              351.212(b)(1). Where an importer- (or
                                                  of Review Requests for Specific Companies’’ (June
                                                                                                          in the case briefs, must be filed within
                                                  18, 2014).                                              five days after the time limit for filing             customer-) specific ad valorem rate is
                                                    6 See Certain Steel Threaded Rod from the             case briefs.15 Parties who submit                     greater than de minimis, the Department
                                                  People’s Republic of China: Partial Rescission of       arguments are requested to submit with                will instruct CBP to collect the
                                                  Antidumping Duty Administrative Review, 79 FR                                                                 appropriate duties at the time of
                                                  56768, (September 23, 2014) (‘‘Partial Rescission                                                             liquidation.21 Where either a
                                                                                                          Selection in Antidumping Duty Proceedings and
                                                  Notice’’).
                                                    7 Id.
                                                                                                          Conditional Review of the Nonmarket Economy           respondent’s weighted average dumping
                                                                                                          Entity in NME Antidumping Duty Proceedings, 78        margin is zero or de minimis, or an
                                                    8 For a full description of the scope of the Order,
                                                                                                          FR 65963 (November 4, 2013).
                                                  see Preliminary Decision Memorandum.                      12 See Certain Steel Threaded Rod From the          importer- (or customer-) specific ad
                                                    9 These companies are: (1) Fastco (Shanghai)
                                                                                                          People’s Republic of China: Final Results of          valorem rate is zero or de minimis, the
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                                                  Trading Co., Ltd., (2) Haiyan Dayu Fasteners Co.,       Antidumping Duty Administrative Review; 2012–         Department will instruct CBP to
                                                  Ltd., (3) Jiaxing Brother Standard Part, (4) Midas      2013, 79 FR 71743, 71744 and accompanying Issues
                                                  Union Co., Ltd., (5) Shanghai P&J International         and Decision Memorandum (‘‘4th AR STR Final             16 See
                                                  Trading Co., Ltd., (6) New Pole Power System Co.        Results’’).                                                      19 CFR 351.309(c)(2), (d)(2).
                                                                                                                                                                  17 See   19 CFR 351.310(c).
                                                  Ltd., and (7) Zhejiang Morgan Brother Technology          13 A list of topics discussed in the Preliminary
                                                                                                                                                                  18 Id.
                                                  Co., Ltd.                                               Decision Memorandum is provided at Appendix II
                                                    10 See section 776(b) of the Act.                     to this notice.                                         19 See 19 CFR 351.310(d).
                                                    11 See Antidumping Proceedings: Announcement            14 See 19 CFR 351.309(c)(1)(ii).                      20 See 19 CFR 351.212(b).
                                                  of Change in Department Practice for Respondent           15 See 19 CFR 351.309(d)(1)–(2).                      21 See 19 CFR 351.212(b)(1).




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                                                  26224                            Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices

                                                  liquidate appropriate entries without                      These deposit requirements, when                    DEPARTMENT OF COMMERCE
                                                  regard to antidumping duties.22 We                       imposed, shall remain in effect until
                                                  intend to instruct CBP to liquidate                      further notice.                                       International Trade Administration
                                                  entries containing subject merchandise
                                                  exported by the PRC-wide entity at the                   Notification to Importers
                                                                                                                                                                 [A–549–821]
                                                  PRC-wide rate.                                             This notice also serves as a
                                                     The Department announced a                                                                                  Polyethylene Retail Carrier Bags From
                                                  refinement to its assessment practice in                 preliminary reminder to importers of
                                                                                                                                                                 Thailand: Preliminary Results of
                                                  non-market economy (‘‘NME’’) cases.23                    their responsibility under 19 CFR
                                                                                                                                                                 Antidumping Duty Administrative
                                                  Pursuant to this refinement in practice,                 351.402(f)(2) to file a certificate                   Review and Rescission of Review in
                                                  for entries that were not reported in the                regarding the reimbursement of                        Part; 2013–2014
                                                  U.S. sales databases submitted by                        antidumping duties prior to liquidation
                                                  companies individually examined                          of the relevant entries during the POR.               AGENCY:  Enforcement and Compliance,
                                                  during the administrative review, the                    Failure to comply with this requirement               International Trade Administration,
                                                  Department will instruct CBP to                          could result in the Department’s                      Department of Commerce.
                                                  liquidate such entries at the PRC-wide                   presumption that reimbursement of                     SUMMARY: The Department of Commerce
                                                  rate. Additionally, if the Department                    antidumping duties occurred and the                   (the Department) is conducting an
                                                  determines that an exporter had no                       subsequent assessment of double                       administrative review of the
                                                  shipments of the subject merchandise,                    antidumping duties.                                   antidumping duty order on
                                                  any suspended entries that entered                         These preliminary results are issued                polyethylene retail carrier bags (PRCBs)
                                                  under that exporter’s case number (i.e.,                                                                       from Thailand.1 This review covers 33
                                                                                                           and published in accordance with
                                                  at that exporter’s rate) will be liquidated                                                                    companies. The period of review (POR)
                                                  at the PRC-wide rate.24                                  sections 751(a)(1) and 777(i)(1) of the
                                                                                                           Act and 19 CFR 351.221(b)(4).                         is August 1, 2013, through July 31, 2014.
                                                     In accordance with section                                                                                  We preliminarily find that subject
                                                  751(a)(2)(C) of the Act, the final results                 Dated: April 30, 2015.                              merchandise has been sold at less than
                                                  of this review shall be the basis for the                Paul Piquado,                                         normal value by the one company
                                                  assessment of antidumping duties on                      Assistant Secretary for Enforcement and               subject to this review, Beyond
                                                  entries of merchandise covered by the                    Compliance.                                           Packaging Co., Ltd. Interested parties are
                                                  final results of this review and for future                                                                    invited to comment on these
                                                  deposits of estimated duties, where                      Appendix I—Companies Subject to the                   preliminary results.
                                                  applicable.                                              Administrative Review That Are
                                                                                                           Preliminarily Determined To Be Part of                DATES:   Effective Date: May 7, 2015.
                                                  Cash Deposit Requirements
                                                                                                           the PRC-Wide Entity                                   FOR FURTHER INFORMATION CONTACT:
                                                     The following cash deposit                                                                                  Dmitry Vladimirov or Minoo Hatten,
                                                  requirements will be effective upon                      Fastco (Shanghai) Trading Co., Ltd.                   AD/CVD Operations, Office I,
                                                  publication of the final results of this                 Gem-Year Industrial Co., Ltd.                         Enforcement and Compliance,
                                                  review for shipments of the subject                      Haiyan Dayu Fasteners Co., Ltd.                       International Trade Administration,
                                                  merchandise from the PRC entered, or                     Jiaxing Brother Standard Part Co., Ltd., IFI &        U.S. Department of Commerce, 14th
                                                  withdrawn from warehouse, for                               Morgan Ltd. and RMB Fasteners Ltd.                 Street and Constitution Avenue NW.,
                                                  consumption on or after the publication                     (collectively ‘‘RMB/IFI Group’’)                   Washington, DC 20230; telephone: (202)
                                                  date, as provided by sections                            Jiaxing Brother Standard Part.                        482–0665 and 202–482–1690,
                                                  751(a)(2)(C) of the Act: (1) For any                     Midas Union Co., Ltd.                                 respectively.
                                                  companies listed that have a separate                    New Pole Power System Co. Ltd.
                                                  rate, the cash deposit rate will be that                 Shanghai P&J International Trading Co., Ltd.          SUPPLEMENTARY INFORMATION:
                                                  established in the final results of this                 Zhejiang Morgan Brother Technology Co.                Scope of the Order
                                                  review (except, if the rate is zero or de                   Ltd.
                                                  minimis, then zero cash deposit will be                                                                           The merchandise subject to the
                                                  required); (2) for previously investigated               Appendix II—List of Topics Discussed                  antidumping duty order is polyethylene
                                                  or reviewed PRC and non-PRC exporters                    in the Preliminary Decision                           retail carrier bags, which are currently
                                                  not listed that received a separate rate                 Memorandum:                                           classified under subheading
                                                  in a prior segment of this proceeding,                                                                         3923.21.0085 of the Harmonized Tariff
                                                  the cash deposit rate will continue to be                Summary                                               Schedule of the United States (HTSUS).
                                                  the existing exporter-specific rate; (3) for               1. Background                                       The HTSUS number is provided for
                                                  all PRC exporters of subject                               2. Verification                                     convenience and customs purposes. A
                                                  merchandise that have not been found                       3. Respondent Selection                             full description of the scope of the order
                                                  to be entitled to a separate rate, the cash                4. Scope of the Order                               is contained in the Preliminary Decision
                                                  deposit rate will be that for the PRC-                     5. Questionnaires
                                                                                                                                                                 Memorandum.2 The written description
                                                  wide entity; and (4) for all non-PRC                       6. Non-Market Economy Country
                                                                                                                                                                 is dispositive.
                                                  exporters of subject merchandise which                     7. PRC-Wide Entity
                                                  have not received their own rate, the                      8. Separate Rates                                     1 See Antidumping Duty Order: Polyethylene

                                                  cash deposit rate will be the rate                         9. Application of Facts Available and Use           Retail Carrier Bags From Thailand, 69 FR 48204
                                                  applicable to the PRC exporter that                           of Adverse Inference                             (August 9, 2004) (Order).
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                                                                                                             10. Conclusion                                        2 See memorandum from Christian Marsh, Deputy
                                                  supplied that non-PRC exporter.
                                                                                                           [FR Doc. 2015–11082 Filed 5–6–15; 8:45 am]            Assistant Secretary for Antidumping and
                                                                                                                                                                 Countervailing Duty Operations, to Paul Piquado,
                                                    22 See 19 CFR 351.106(c)(2).                           BILLING CODE 3510–DS–P                                Assistant Secretary for Enforcement and
                                                    23 For a full discussion of this practice, see Non-
                                                                                                                                                                 Compliance, ‘‘Decision Memorandum for
                                                  Market Economy Antidumping Proceedings:                                                                        Preliminary Results of the 2013/2014 Antidumping
                                                  Assessment of Antidumping Duties, 76 FR 65694                                                                  Duty Administrative Review: Polyethylene Retail
                                                  (October 24, 2011).                                                                                            Carrier Bags from Thailand’’ (Preliminary Decision
                                                    24 Id.                                                                                                       Memorandum), dated concurrently with this notice.



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Document Created: 2015-12-16 07:50:45
Document Modified: 2015-12-16 07:50:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactJulia Hancock or Jerry Huang, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4047, respectively.
FR Citation80 FR 26222 

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