China Steel Threaded Rod: AD Rate Reduced for One Group

The International Trade Administration is publishing a "Timken"¹ notice that a recent court ruling is not in harmony with the ITA's final AD determination on steel threaded rod from China (A-570-932), and is amending its final determination and order to reduce the AD duty rate for one exporter/producer combination.

RMB/IFI Group's AD Rate Reduced Pursuant to Court Remand

Pursuant to a Court of International Trade-ordered remand on the final AD duty determination, the ITA recalculated the dumping margin for subject merchandise produced by Jiaxing Brother Fastener Co., Ltd. aka Brother Standard Parts Co., Ltd. and exported by IFI & Morgan Ltd. and RMB Fasteners Ltd. (collectively, the RMB/IFI Group).

In April 2011, the CIT sustained the ITA's remand redetermination. (See ITT's Online Archives or 04/25/11 news, 11042513, for BP summary of the CIT's opinion and order sustaining the ITA's remand redetermination.)

Liquidation Suspended May 2 Pending Expiration of Appeal Period, Etc.

The ITA states it is suspending liquidation of the subject merchandise effective May 2, 2011, pending the expiration of the period of appeal, or, if appealed, pending a final and conclusive court decision or pending establishment of a new cash deposit rate in a completed administrative review (see below for information on the pending administrative review). According to ITA sources, the appeal deadline is June 20, 2011.

Amended AD Cash Deposit Rate for RMB/IFI Effective May 2

At the same time, the ITA states it is revising the estimated AD cash deposit rate for entries of subject merchandise produced and exported by the RMB/IFI Group with a time of entry on or after May 2, 2011 is as follows:

Upcoming Final Results of Admin Review Likely to Change Rate

Steel threaded rod from China is currently subject to an administrative review for the period October 8, 2008 through February 28, 2010. The final results of the administrative review, which are scheduled to be issued within 120 days of May 9, 2011, unless extended, will likely supersede the estimated AD duty cash deposit rate for the RMB/IFI Group established by this amended final determination and order.

The ITA recently issued preliminary results of the administrative review, in which the RMB/IFI Group has been preliminarily assigned a de minimis AD duty margin (0.27%). If this margin is unchanged in the final results, no AD duty cash deposit will be required for the RMB/IFI Group. (See ITT's Online Archive or 05/10/11 news, 11051028, for BP summary of the preliminary results of administrative review.)

¹Under the CAFC decision in Timken Co. v. U.S., the ITA must publish notice of a court decision that is not "in harmony" with an ITA determination.

(See ITT’s Online Archives or 04/14/09 news, 09041435, for BP summary of the original AD duty order.)

ITA contact -- Toni Dach (202) 482-1655

(FR Pub 05/11/11, ITA Case No. A-570-932)