Notice2022-27837
Alloy and Certain Carbon Steel Threaded Rod From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2021-2022
Primary source
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Published
December 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Ningbo Dongxin High-Strength Nut Co., Ltd. (Ningbo Dongxin), is not eligible for a separate rate. The period of review (POR) is April 1, 2021, through March 31, 2022. Commerce is also rescinding the review with respect to Ningbo Zhongjiang High Strength Bolts Co., Ltd. (Zhongjiang Bolts). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78640-78642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27837]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-104]
Alloy and Certain Carbon Steel Threaded Rod From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Administrative Review, in Part;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Ningbo Dongxin High-Strength Nut Co., Ltd. (Ningbo Dongxin), is
not eligible for a separate rate. The period of review (POR) is April
1, 2021, through March 31, 2022. Commerce is also rescinding the review
with respect to Ningbo Zhongjiang High Strength Bolts Co., Ltd.
(Zhongjiang Bolts). Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable December 22, 2022.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Bryan Hansen, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2805 or (202)
482-3683, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce published in the Federal Register the
antidumping duty (AD) order on alloy and certain carbon steel threaded
rod (threaded rod) from the People's Republic of China (China).\1\ On
April 1, 2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of
[[Page 78641]]
the Order.\2\ On June 9, 2022, based on timely requests for an
administrative review, Commerce initiated the administrative review of
the Order.\3\ The administrative review covers two companies, including
one mandatory respondent, Ningbo Dongxin.
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\1\ See Alloy and Certain Carbon Steel Threaded Rod from the
People's Republic of China: Antidumping Duty Order, 85 FR 19929
(April 9, 2020) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 19075 (April 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165, 35170 (June 9, 2022)
(Initiation Notice).
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Scope of the Order
The products covered by this Order are threaded rod. A full
description of the scope of the Order is provided in the Preliminary
Decision Memorandum.\4\
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Alloy and Certain Carbon Steel Threaded Rod from the People's
Republic of China; 2021-2022,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. On June 21, 2022, Zhongjiang
Bolts timely withdrew its request for review.\5\ Because no other party
requested an administrative review of Zhongjiang Bolts, Commerce is
rescinding this administrative review, in part, with respect to
Zhongjiang Bolts, in accordance with 19 CFR 351.213(d)(1).
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\5\ See Zhongjiang Bolts' Letter, ``Zhongjiang Withdrawal of
Request for Administrative Review,'' dated June 21, 2022.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\6\ 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 in this review, the entity is not under review, and the
entity's rate (i.e., 48.91 percent) is not subject to change.\7\ We
find the mandatory respondent, Ningbo Dongxin, to be a part of the
China-wide entity in the instant review because it failed to submit a
timely response to the initial AD questionnaire, thereby failing to
establish its eligibility for a separate rate.\8\
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\6\ 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).
\7\ See Order.
\8\ See Preliminary Decision Memorandum at 5.
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Methodology
Commerce is conducting 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.
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. A
list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. In addition, a complete version
of the Preliminary Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with preliminary results of review
within five days after public announcement of preliminary results of
review in accordance with 19 CFR 351.224(b).\9\ However, because
Commerce did not calculate a margin for the sole mandatory respondent,
there are no calculations to disclose for the preliminary results of
review.
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\9\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c), interested parties case briefs no
later than 30 days after the date of publication of these preliminary
results of review.\10\ Rebuttals to case briefs may be filed no later
than seven days after the case briefs are filed, and all rebuttal
comments must be limited to comments raised in the case briefs.\11\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\12\
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\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this proceeding 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.\13\
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\13\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
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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 publication of this notice. Requests should contain the
party's name, address, 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 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.
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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Because Commerce is rescinding this administrative review, in part,
with respect to Zhongjiang Bolts, Commerce will instruct CBP to assess
antidumping duties on all appropriate entries of threaded rod from
China exported by Zhongjiang Bolts during the POR at the rate equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i).
If the preliminary results are unchanged for the final results, we
will instruct CBP to apply an ad valorem assessment rate of 48.91
percent to all entries of subject merchandise during the POR which were
exported by Ningbo Dongxin.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S.
[[Page 78642]]
Court of International Trade, the assessment instructions will direct
CBP not to liquidate relevant entries until the time for parties to
file a request for a statutory injunction has expired (i.e., within 90
days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for Ningbo Dongxin, that has not
been found to be entitled to a separate rate, the cash deposit rate
will be that for the China-wide entity; (2) for previously investigated
or reviewed Chinese and non-Chinese exporters 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; 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 serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022-27837 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 22, 2022.
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