[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25574-25576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10237]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-829]
Final Determination of Sales at Not Less Than Fair Value:
Prestressed Concrete Steel Rail Tie Wire From Thailand
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of prestressed concrete steel rail tie wire (PC tie wire) from
Thailand are not being, nor are likely to be, sold in the United States
at less than fair value, as provided in section 735 of the Tariff Act
of 1930, as amended (the Act). The final weighted-average dumping
margin is listed below in the section entitled ``Final Determination
Margins.''
DATES: Effective Date: May 5, 2014.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Terre Keaton
Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4929 or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2013, the Department published in the Federal
Register the preliminary determination of sales at not less than fair
value in the antidumping duty investigation of PC tie wire from
Thailand.\1\ The following events occurred since the preliminary
determination was issued.
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\1\ See Prestressed Concrete Steel Rail Tie Wire from Thailand:
Preliminary Determination of Sales at Not Less Than Fair Value and
Postponement of Final Determination, 78 FR 75547 (December 12, 2013)
(Preliminary Determination).
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We issued supplemental sales and cost questionnaires to The Siam
Industrial Wire Co., Ltd. (SIW) and received responses to these
supplemental questionnaires in December 2013. Also, in December 2013,
SIW submitted revised sales and cost databases pursuant to the
Department's requests.
On December 15, 2013, we received an allegation from the
petitioners that the Department made a ministerial error
[[Page 25575]]
in its preliminary determination dumping margin calculation with
respect to the adjustment of SIW's raw material costs. On December 17,
2013, SIW submitted a letter objecting to the petitioners' allegation.
On December 18, 2013, the Department determined that the petitioners'
allegation did not involve a ministerial error as defined by 19 CFR
351.224(f). Accordingly, we made no changes to our preliminary margin
calculation.
On January 6, 2014, and January 8, 2014, respectively, the
petitioners and SIW requested that the Department hold a hearing in
this investigation. On March 12, 2014, both parties withdrew their
hearing requests.
Between January 20, 2014, and February 7, 2014, the Department
conducted sales and cost verifications of SIW, in accordance with
section 782(i) of the Act.\2\ On March 14, 2014, the Department
requested that SIW submit revised U.S. and third-country sales listings
to reflect certain verification findings. SIW submitted the revised
sales listings on March 21, 2014.
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\2\ See the ``Verification'' section, below.
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On March 20, 2014, and March 27, 2014, the petitioners and SIW
submitted case and rebuttal briefs, respectively.
Period of Investigation
The period of investigation (POI) is April 1, 2012, through March
31, 2013.
Scope of the Investigation
The product covered by this investigation is high carbon steel
wire; stress relieved or low relaxation; indented or otherwise
deformed; meeting at a minimum the physical, mechanical, and chemical
requirements of the American Society of Testing Materials (ASTM) A881/
A881M specification; regardless of shape, size or alloy element levels;
suitable for use as prestressed tendons in concrete railroad ties (PC
tie wire). High carbon steel is defined as steel that contains 0.6
percent or more of carbon by weight.
PC tie wire is classified under the Harmonized Tariff Schedule of
the United States (HTSUS) subheading 7217.10.8045, but may also be
classified under subheadings 7217.10.7000, 7217.10.8025, 7217.10.8030,
7217.10.8090, 7217.10.9000, 7229.90.1000, 7229.90.5016, 7229.90.5031,
7229.90.5051, 7229.90.9000, and 7312.10.3012. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigation is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
\3\ which is hereby adopted by this notice. A list of the issues raised
is attached to this notice as Appendix I. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and it is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/. The signed and electronic versions
of the Issues and Decision Memorandum are identical in content.
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\3\ Memorandum from Christian Marsh to Paul Piquado, ``Issues
and Decision Memorandum for the Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wire from Thailand'' (April 28,
2014) (Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations. For a
discussion of these changes, see the ``Margin Calculations'' section of
the Issues and Decision Memorandum.
Verification
As provided in section 782(i) of the Act, in January and February
2014, we verified the sales and cost information submitted by SIW for
use in our final determination. We used standard verification
procedures including an examination of relevant accounting and
production records, and original source documents provided by SIW.\4\
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\4\ See the memoranda entitled: ``Verification of the Sales
Responses of the Siam Industrial Wire Co., Ltd. and Tata Steel
International (Americas) Inc. in the Antidumping Duty Investigation
of Prestressed Concrete Steel Rail Tie Wire from Thailand,'' dated
March 5, 2014; and ``Verification of the Cost Response of Siam
Industrial Wire Co., Ltd. in the Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wires from Thailand,'' dated
March 6, 2014.
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Final Determination Margins
The weighted-average dumping margin is as follows:
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Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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The Siam Industrial Wire Co., Ltd........................... 0.00
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Consistent with section 735(c)(1) of the Act, the Department has not
determined an estimated all-others rate because it has not made an
affirmative final determination of sales at less than fair value.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because the estimated weighted-average dumping margin for the
examined company is de minimis, we are not directing U.S. Customs and
Border Protection to suspend liquidation of entries of PC tie wire from
Thailand.
ITC Notification
In accordance with section 735(d) of the Act, we notified the ITC
of our final determination. As our final determination is negative,
this proceeding is terminated.
Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: April 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues in Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Margin Calculations
[[Page 25576]]
VI. Normal Value
VII. Discussion of Issues
1. Request to Apply Adverse Facts Available for the Final
Determination
2. Particular Market Situation Allegation
3. SIW's Report Cost Allocation Methodology
4. General and Administrative (G&A) Expenses
5. Calculation of Credit Expenses for U.S. and South African
Sales
6. Calculation of Indirect Selling Expenses for U.S. Sales
7. Use of Average-to-Average Pricing Comparisons
[FR Doc. 2014-10237 Filed 5-2-14; 8:45 am]
BILLING CODE 3510-DS-P