New ADD/CVD Investigations for Carbon and Alloy Steel Threaded Rod

March 18, 2019

In CSMS# 19-000128, CBP announced that on March 13, 2019, the Department of Commerce (Commerce) initiated less-than-fair-value and countervailing duty investigations on “Carbon and Alloy Steel Threaded Rod from India, Taiwan, Thailand and the People’s Republic of China (China)”. Commerce’s announcement is scheduled for publication March 19, 2019 in the Federal Register. Commerce assigned the following case numbers:

• India: A-533-887 and C-533-888,
• Taiwan: A-583-864,
• Thailand: A-549-840, and
• China: A570-104 and C-570-105.

Scope of the Investigation

The Scope of Merchandise covered by these investigations reads as follows:

The merchandise covered by the scope of these investigations is carbon and alloy steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon or alloy steel, having a solid, circular cross section of any diameter, in any straight length. Steel threaded rod is normally drawn, cold-rolled, threaded, and straightened, or it may be hot-rolled. In addition, the steel threaded rod, bar, or studs subject to these investigations are non-headed and threaded along greater than 25 percent of their total actual length. A variety of finishes or coatings, such as plain oil finish as a temporary rust protectant, zinc coating (i.e., galvanized, whether by electroplating or hot-dipping), paint, and other similar finishes and coatings, may be applied to the merchandise.

Steel threaded rod is normally produced to American Society for Testing and Materials (ASTM) specifications ASTM A36, ASTM A193 B7/B7m, ASTM A193 B16, ASTM A307, ASTM A329 L7/L7M, ASTM A320 L43, ASTM A354 BC and BD, ASTM A449, ASTM F1554-36, ASTM F1554-55, ASTM F1554 Grade 105, American Society of Mechanical Engineers (ASME) specification ASME B18.31.3, and American Petroleum Institute (API) specification API 20E. All steel threaded rod meeting the physical description set forth above is covered by the scope of these investigations, whether or not produced according to a particular standard.

Merchandise subject to the investigation includes material matching the above description that has been finished, assembled, or packaged in a third country, including by cutting, chamfering, coating or painting the threaded rod, by attaching the threaded rod to or packaging it with another product, or any other finishing, assembly or packaging operation that would not otherwise remove the merchandise from the scope of the investigations regardless of if performed in the country of manufacture of the threaded rod.

Further, carbon and alloy steel threaded rod are included in the scope of the investigations whether or not imported attached to or in conjunction with other parts and accessories such as nuts and washers. If carbon and alloy steel threaded rod is imported attached to or in conjunction with such non-subject merchandise, only the threaded rod is included in the scope.

Steel threaded rod is currently classifiable under subheadings 73138.15.5051, 7318.15.5056 and 7318.15.5090 or the HTSUS. Subject merchandise may also be entered under subheading 7318.15.2095 and 7318.19.0000. However, these subheadings are provided for convenience only. The written description of the scope is dispositive.

Excluded from the scope of these investigations are:

• Threaded rod, bar or studs which are threaded on either one or both ends and the threading covers 25 percent or less of the total actual length; and
• Stainless steel threaded rod, defined as steel threaded rod containing, by weight, 1.2% or less of carbon and 10.5% or more of chromium, with or without other elements.

Further, excluded from the scope of these investigations is any merchandise covered by the existing ADD order on Certain Steel Threaded Rod from the People’s Republic of China (74 FR 17154 (April 14, 2009)).

Requirements for Submitting Comments on the Scope of the Investigations

Per the announcement, Commerce is setting aside a period for interested parties to raise issues regarding the scope of the investigation. The comment period is intended to provide Commerce opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations.

You must comply with all three of the requirements below when submitting comments on the scope of the investigation.

1. Deadlines for Submitting Comments

All initial comments must be submitted by 5:00 pm Eastern Time (ET), April 2, 2019 (20 calendar days from the signature date of the notice of these investigations. Rebuttal comments, which may include factual information, must be filed by 5:00 pm ET on April 12, 2019 (10 calendar days after the initial comments deadline).

Commerce requests that all factual information be submitted during these time periods. However, if a party discovers additional factual material after these deadlines, the party may contact Commerce to request permission to submit the additional information.

2. Required Entry of Appearance

Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance per Section 351.103(d)(1) of Commerce’s regulations. The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). The letter must include a statement of how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact with address, telephone/fax number and email address.

3. Submissions Must Be Filed Electronically

All submissions to Commerce must be filed electronically using ACCESS (Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System). An electronically-filed document must be received successfully in its entirety by the deadline time and date. Documents excepted from the electronic submission requirements must be filed manually (i.e., paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230, and stameed with the date and time of receipt by the applicable deadline.

Additional Resources

• Access External User Guide
• Access Handbook on Electronic Filing Procedures
• Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
• Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
• Enforcement and Compliance – General Filing Requirements

Required Certifications

Certification requirements are in effect for company/government officials as well as their representatives. Parties submitting factual information must use the formats for the certifications provided at the end of the Final Rule.

For further information about this or other customs matters, please contact George R. Tuttle, III at 415-986-8780 or geo@tuttlelaw.com.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

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