Notice2024-07013
Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Ningbo Zhenghai Yongding Fastener Co., Ltd. (Yongding), a producer/exporter of carbon and alloy steel threaded rod (threaded rod) from the People's Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to four companies. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22999-23001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07013]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-105]
Carbon and Alloy Steel Threaded Rod From the People's Republic of
China: Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Ningbo Zhenghai Yongding Fastener Co., Ltd. (Yongding),
a producer/exporter of carbon and alloy steel threaded rod (threaded
rod) from the People's Republic of China (China), received
countervailable subsidies during the period of review (POR) January 1,
2022, through December 31, 2022. In addition, Commerce is rescinding
this review, in part, with respect to four companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Thomas Schauer, 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) 482-3683 or (202) 482-0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2020, Commerce published in the Federal Register the
countervailing duty order on threaded rod from China.\1\ On June 12,
2023, based on timely requests for an administrative review, Commerce
published in the Federal Register the notice of initiation of this
administrative review of the Order with respect to five companies.\2\
On December 11, 2023, Commerce extended the deadline for the
preliminary results of this review until April 26, 2024.\3\
---------------------------------------------------------------------------
\1\ See Alloy and Certain Carbon Steel Threaded Rod from the
People's Republic of China: Countervailing Duty Orders, 85 FR 19927
(April 9, 2020) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021, 38031, 38034 n.13 (June 12,
2023) (Initiation Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review, 2022,'' dated
December 11, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as an appendix 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed
[[Page 23000]]
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Carbon and Alloy Steel Threaded Rod from the People's
Republic of China; 2022,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order are threaded rod from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their requests within 90 days of the date
of publication of the notice of initiation of the requested review.
Commerce is rescinding this administrative, in part, pursuant to 19 CFR
351.213(d)(1), for the following parties that requested an
administrative review and timely withdrew their review requests: Ningbo
Dingtuo Imp. & Exp. Co., Ltd.; Ningbo Dongxin High-Strength Nut Co.,
Ltd.; Ningbo Jinding Fastening Piece Co., Ltd.; Ningbo Zhongjiang High
Strength Bolts Co., Ltd.; and Ningbo Zhongmin Metal Product Co.,
Ltd.\5\ For further information, see the ``Final Rescission of
Administrative Review, In Part'' section in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\5\ Commerce previously found Ningbo Zhongmin Metal Product Co.,
Ltd. to be a cross-owned affiliate of Ningbo Zhongjiang High
Strength Bolts Co., Ltd. See Carbon and Alloy Steel Threaded Rod
from the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 84 FR 36578
(July 29, 2019), and accompanying Preliminary Decision Memorandum at
2 and 27-28, unchanged in Carbon and Alloy Steel Threaded Rod From
the People's Republic of China: Final Affirmative Countervailing
Duty Determination, 85 FR 8833 (February 18, 2020) (Final
Determination), and accompanying Issues and Decision Memorandum at
Comment 7. Accordingly, we initiated this review with respect to
Ningbo Zhongjiang High Strength Bolts Co., Ltd. and its cross-owned
entity, Ningbo Zhongmin Metal Product Co., Ltd. See Initiation
Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\7\ See Preliminary Decision Memorandum at 8-38.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rate exists for the period January 1, 2022,
through December 31, 2022:
---------------------------------------------------------------------------
\8\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds Ningbo Yongzan Machinery Parts Co.,
Ltd. to be cross-owned with Ningbo Zhenghai Yongding Fastener Co.,
Ltd.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Ningbo Zhenghai Yongding Fastener Co., Ltd.\8\............ 17.39
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice in accordance with 19 CFR 351.224(b).
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 these preliminary results of
review in the Federal Register.\9\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the deadline for filing case briefs.\10\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2)
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\13\
---------------------------------------------------------------------------
\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS. An electronically-filed request must
be received successfully, and in its entirety, by ACCESS within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\14\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Final Results of Review
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amount for Yongding. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries covered by
this review. We intend 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
[[Page 23001]]
timely summons is filed at the U.S. 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).
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amount calculated in the final results of this administrative review
for Yongding with regard to shipments of subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. If the
rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the subject merchandise
entered or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate
(i.e., 41.17 percent) \15\ for the most recent company-specific rate
applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\15\ See Final Determination.
---------------------------------------------------------------------------
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(d)(4) and (h)(2), and 19 CFR 351.221(b)(4).
Dated: March 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024-07013 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 3, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.