Certain Steel Threaded Rod From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019
The Department of Commerce (Commerce) preliminarily determines that RMB Fasteners Ltd. and IFI & Morgan Ltd. (collectively, RMB/IFI) and Certified Products International Inc. (C...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) preliminarily determines that RMB Fasteners Ltd. and IFI & Morgan Ltd. (collectively, RMB/IFI) and Certified Products International Inc. (CPI) did not have any shipments of subject merchandise during the period of review (POR), and that the 172 remaining companies subject to this administrative review should be treated as part of the China-wide entity because they failed to demonstrate their eligibility for a separate rate. The POR is April 1, 2018 through March 31, 2019.
DATES:
Applicable December 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, 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) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2019, Commerce published the notice of initiation of the administrative review of the antidumping duty order on certain steel threaded rod (STR) from China.[1]
On June 21, 2019, CPI reported that it had no shipments during the POR.[2]
On July 15, 2019, RMB/IFI [3]
submitted a no shipments certification and a separate rate certification.[4]
For a complete description of the events that followed the initiation of this administrative review,
see
the Preliminary Decision Memorandum.[5]
A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. 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
https://access.trade.gov,
and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
https://enforcement.trade.gov/frn/.
The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.
Scope of the Order
The product covered by this review is STR from China. For a full description of the scope,
see
the Preliminary Decision Memorandum, dated concurrently with and hereby adopted by this notice.[6]
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213.
Preliminary Determination of No Shipments
Based on the available record information, Commerce preliminarily determines that these companies had no shipments during the POR. For additional information regarding this determination,
see
the Preliminary Decision Memorandum. Consistent with our assessment practice in non-market economy (NME) administrative reviews, Commerce is not rescinding this review for these companies, but intends to complete the review and issue appropriate instructions to Customs and Border Protection (CBP) based on the final results of the review.[7]
Separate Rates
Because no other company under review submitted a separate rate application or certification, Commerce preliminarily determines that these companies have not demonstrated their eligibility for a separate rate.[8]
For additional information,
see
the Preliminary Decision Memorandum.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide entity applies to this administrative review.[9]
Under this policy, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity, and we did not self-initiate a review, the China-wide entity rate (
i.e.,
206.00 percent) [10]
is not subject to change as a result of this review. Aside from the companies discussed above, Commerce considers all other companies for which a review was requested [11]
to be part of the China-wide entity. For additional information,
see
the Preliminary Decision Memorandum.
Public Comment
In accordance with 19 CFR 351.309(c), case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of the preliminary determination, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case
( printed page 71901)
briefs, may be submitted no later than five days after the deadline date for case briefs.[12]
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
Assessment Rates
Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review.[13]
We intend to instruct CBP to liquidate entries containing subject merchandise exported by the companies under review that we determine in the final results to be part of the China-wide entity at the China-wide rate of 206.00 percent. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review in the
Federal Register
.[14]
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of the notice of final results of this administrative review for shipments of subject merchandise from China 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 companies that have a separate rate, the cash deposit rate will be that established in the final results of this review (except that if the rate is zero or
de minimis,
then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above 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 Chinese 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 China-wide entity (
i.e.,
206.00 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a reminder to importers of their responsibility under 19 CFR 315.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: December 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.
Appendix I
Companies Not Granted a Separate Rate
1. Aerospace Precision Corp. (Shanghai) Industry Co., Ltd
2. Aihua Holding Group Co. Ltd.
3. Autocraft Industry (Shanghai) Ltd.
4. Autocraft Industry Ltd.
5. Billion Land Ltd.
6. Billion Technology Ltd
7. Billiongold Hardware Co. Ltd
8. BOLT Mfg. Trade Ltd.
9. Brighton Best International (Taiwan) Inc.
10. Brother Holding Group Co. Ltd.
11. C and H International Corporation
12. Catic Fujian Co., Ltd.
13. Cci International Ltd.
14. Century Distribution Systems Inc
15. Changshu City Standard Parts Factory
16. China Friendly Nation Hardware Technology Limited
17. D.M.D. International Co. Ltd.
18. Da Cheng Hardware Products Co., Ltd.
19. Dalian Xingxin Steel Fabrication
20. Dongxiang Accuracy Hardware Co., Ltd.
21. Ec International (Nantong) Co. Ltd.
22. Fastco (Shanghai) Trading Co., Ltd.
23. Fasten International Co., Ltd.
24. Fastenal Canada Ltd.
25. Fastwell Industry Co. Ltd.
26. Fook Shing Bolts & Nuts Co. Ltd.
27. Fuda Xiongzhen Machinery Co., Ltd.
28. Fuller Shanghai Co. Ltd.
29. Gem-Year Industrial Co. Ltd.
30. Guangdong Honjinn Metal & Plastic Co., Ltd.
31. Hainan Zhongyan United Development Co.
32. Haining Hifasters Industrial Co.
33. Haining Shende Imp. & Exp. Co. Ltd.
34. Haining Zhongda Fastener Co., Ltd.
35. Haiyan Ai&Lun Standard Fastener Co.
36. Haiyan Chaoqiang Standard Fastener
37. Haiyan Dayu Fasteners Co., Ltd.
38. Haiyan Evergreen Standard Parts Co. Ltd.
39. Haiyan Fuxin High Strength Fastener
40. Haiyan Hatehui Machinery Hardware
41. Haiyan Hurras Import & Export Co. Ltd.
42. Haiyan Jianhe Hardware Co. Ltd.
43. Haiyan Julong Standard Part Co. Ltd.
44. Haiyan Shangchen Imp. & Exp. Co.
45. Haiyan Yuxing Nuts Co. Ltd.
46. Hangzhou Everbright Imp. & Exp. Co. Lt
47. Hangzhou Grand Imp. & Exp. Co., Ltd.
48. Hangzhou Great Imp. & Exp. Co. Ltd.
49. Hangzhou Lizhan Hardware Co. Ltd.
50. Hangzhou Prostar Enterprises Ltd.
51. Hangzhou Tongwang Machinery Co., Ltd.
52. Hilti (China) Ltd.
53. Hong Kong Sunrise Fasteners Co. Ltd.
54. Hong Kong Yichen Co. Ltd.
55. Honoble Precision (China) Mfg.
56. Intech Industries Shanghai Co., Ltd.
57. Jiangsu Innovo Precision Machinery
58. Jiangsu Jinhuan Fastener Co., Ltd.
59. Jiangsu Zhongweiyu Communication Equipment Co. Ltd.
2.
See
CPI's Letter, “No Shipment Letter for Certified Products International Inc.: Tenth Annual Administrative Review of the Antidumping Duty Order on Certain Steel Threaded Rod from the People's Republic of China, A-570-932 (POR: 04/01/18-03/31/19),” dated June 21, 2019.
3.
During the investigation, Commerce found RMB/IFI to be a single entity, and because there were no changes during the POR to the facts that supported that determination, we continue to find that these companies are a part of a single entity for this administrative review.
See Certain Steel Threaded Rod from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value,73 FR 58931 (October 8, 2008), unchanged in
Certain Steel Threaded Rod from the Peoples Republic of China: Final Determination of Sales at Less Than Fair Value,74 FR 8907 (February 27, 2009).
4.
See
RMB/IFI's Letter, “Steel Threaded Rod from the People's Republic of China—No Sales Certification and Separate Rate Certification,” dated July 15, 2019.
5.
See
Memorandum, “Decision Memorandum for the Preliminary Results of the 2018-2019 Antidumping Duty Administrative Review: Certain Steel Threaded Rod from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
7.
See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,76 FR 65694, 65694-95 (October 24, 2011);
see also
the “Assessment Rates” section,
infra.
8.
We note that RMB/IFI submitted a separate rate certification (SRC). However, this filing is moot because we determined that RMB/IFI had no reviewable shipments during the POR.
9.
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).
14.
For a full discussion of this practice,
see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,76 FR 65694 (October 24, 2011).
Use this for formal legal and research references to the published document.
84 FR 71900
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Steel Threaded Rod From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019,” thefederalregister.org (December 30, 2019), https://thefederalregister.org/documents/2019-28034/certain-steel-threaded-rod-from-the-people-s-republic-of-china-preliminary-results-of-the-antidumping-duty-administrativ.