[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25572-25574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10240]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-990]
Final Determination of Sales at Less Than Fair Value: Prestressed
Concrete Steel Rail Tie Wire From the People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 5, 2014.
SUMMARY: The Department of Commerce (the Department) determines that
imports of prestressed concrete steel rail tie wire (PC tie wire) from
the People's Republic of China (PRC) are being, or likely to be, sold
in the United States at less than fair value (LTFV), as provided in
section 735 of the Tariff Act of 1930, as amended (the Act). The final
weighted-average dumping margins for this investigation are listed in
the ``Final Determination Margins'' section below.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Stephanie Arthur, 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-
1766 or (202) 482-2181.
SUPPLEMENTARY INFORMATION:
Background
The Department published the preliminary determination in the LTFV
investigation of PC tie wire from the
[[Page 25573]]
PRC on December 12, 2013.\1\ The following events occurred since the
preliminary determination was issued. Between January 8 and 14, 2014,
the Department conducted verification of the mandatory respondent
Silvery Dragon Group Technology and Trading Co., Ltd. Tianjin and its
affiliated producers, Silvery Dragon Prestressed Materials Co., Ltd.
Tianjin and Silvery Dragon Prestressed Materials Co., Ltd. Tianjin--
Hejian Branch (collectively ``Silvery Dragon'').\2\ On March 18, 2014,
the petitioners\3\ withdrew their January 3, 2014, request for a
hearing.\4\ As no other party in this proceeding requested a hearing,
no hearing was held. On March 21, 2014, Silvery Dragon and the
petitioners submitted case briefs.\5\ On March 28, 2014, both
interested parties submitted rebuttal briefs.\6\
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\1\ See Prestressed Concrete Steel Rail Tie Wire From the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 78 FR
75545 (December 12, 2013) (Preliminary Determination).
\2\ See the ``Verification'' section below.
\3\ The petitioners are Davis Wire Corporation and Insteel Wire
Products Company.
\4\ See Letter from the petitioners to the Secretary of
Commerce, ``Investigation of Prestressed Concrete Steel Rail Tie
Wire from the People's Republic of China--Request for Rebuttal Brief
Extension and Withdrawal of Hearing Request,'' dated March 18, 2014.
\5\ See Letter from Silvery Dragon to the Secretary of Commerce,
``Silvery Dragon Case Brief: Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wire from the People's Republic
of China,'' dated March 21, 2014; see also Letter from the
Petitioners to the Secretary of Commerce, ``Investigation of
Prestressed Concrete Steel Rail Tie Wire from the People's Republic
of China: Petitioners' Case Brief,'' dated March 21, 2014.
\6\ See Letter from Silvery Dragon to the Secretary of Commerce,
``Silvery Dragon Rebuttal Case Brief: Antidumping Duty Investigation
of Prestressed Concrete Steel Rail Tie Wire from the People's
Republic of China,'' dated March 28, 2014; see also Letter from the
Petitioners to the Secretary of Commerce, ``Investigation of
Prestressed Concrete Steel Rail Tie Wire from the People's Republic
of China: Petitioners' Rebuttal Case Brief,'' dated March 28, 2014.
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Period of Investigation
The period of investigation (POI) is October 1, 2012, through March
31, 2013. This period corresponds to the two most recent fiscal
quarters prior to the month of the filing of the petition, which was
April 2013.\7\
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\7\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation
The product covered by the scope of 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 to
this investigation are addressed in the Issues and Decision
Memorandum.\8\ A list of the issues which the parties raised and to
which the Department responded in the Issues and Decision Memorandum is
attached to this notice as an Appendix. 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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\8\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Prestressed Concrete Steel Rail Tie Wire from the People's
Republic of China: Issues and Decision Memorandum for the Final
Determination of Sales at Less Than Fair Value,'' dated concurrently
with this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
Based on the Department's 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 and 19 CFR
351.307(b)(1)(i), in January 2014, the Department verified the
information submitted by Silvery Dragon for use in the final
determination. The Department used standard verification procedures,
including examination of relevant accounting and production records and
original source documents provided by Silvery Dragon.\9\
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\9\ See Memorandum to the File through James Maeder, Office
Director, AD/CVD Operations, Office 2 and Irene Darzenta Tzafolias,
Program Manager, AD/CVD Operations, Office 2, from Brian Smith,
Senior International Trade Analyst, AD/CVD Operations, Office 2 and
Stephanie Arthur, Senior Accountant, Office of Accounting,
``Verification of the Sales and Factors Response of Silvery Dragon
Group Technology and Trading Co., Ltd., Silvery Dragon Prestressed
Materials Co., Ltd. Tianjin, and Silvery Dragon Prestressed
Materials Co., Ltd. Tianjin--Hejian Branch in the Antidumping Duty
Investigation of Prestressed Concrete Steel Rail Tie Wire from the
People's Republic of China (PRC),'' dated March 13, 2014
(Verification Report).
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Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period October 1, 2012, through March 31,
2013.
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Weighted-average
Exporter Producer dumping margin
(percent)
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Silvery Dragon Group Technology Silvery Dragon 31.40
and Trading Co., Ltd. Tianjin. Prestressed
Materials Co.,
Ltd. Tianjin.
PRC-wide Entity \10\............ .................. 35.31
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[[Page 25574]]
Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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\10\ The PRC-wide entity includes Wuxi Jinyang Metal Products
Co., Ltd. and Shanxi New-Mile International Trade Co., Ltd. Each of
these entities withheld necessary information within the meaning of
section 776(a) of the Tariff Act of 1930, as amended (the Act), and
failed to act to the best of its ability to comply with the
Department's requests for information within the meaning of section
776(b) of the Act. Therefore, we applied adverse facts available,
determining that these entities were part of the PRC-wide entity.
See Issues and Decision Memorandum for further discussion.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of PC tie wire from the
PRC as described in the ``Scope of the Investigation'' section, which
were entered, or withdrawn from warehouse, for consumption on or after
December 12, 2013, the date of publication of the Preliminary
Determination in the Federal Register. Further, the Department will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which the normal value exceeds U.S. price as follows: (1) For
the exporter/producer combination listed in the table above, the cash
deposit rate will be equal to the dumping margin which the Department
determined in this final determination; (2) for all combinations of PRC
exporters/producers of merchandise under consideration which have not
received their own separate rate above, the cash deposit rate will be
equal to the dumping margin established for the PRC-wide entity; and
(3) for all non-PRC exporters of merchandise under consideration which
have not received their own separate rate above, the cash deposit rate
will be equal to the cash deposit rate applicable to the PRC exporter/
producer combination that supplied that non-PRC exporter. These
suspension-of-liquidation instructions will remain in effect until
further notice.
ITC Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of subject merchandise, or sales (or the
likelihood of sales) for importation, of the subject merchandise. If
the ITC determines that such injury does not exist, this proceeding
with be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation,
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: April 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues
1. Value Added Tax
2. Withdrawal of Targeted Dumping Regulation and Application of
Differential Pricing Analysis
3. Inclusion of Brokerage and Handling Expenses in the
Calculation of Input Surrogate Values
4. Truck Freight Surrogate Value
5. Weight Adjustment Made to the Brokerage and Handling
Surrogate Value
6. Marine Insurance Surrogate Value
7. Polypropylene Fabric Surrogate Value
8. Electricity Surrogate Value
9. Electricity Consumption Factor Adjustment
10. Treatment of Social Security/Workman's Compensation in
Surrogate Financial Ratio Calculations
11. Treatment of Transportation Expenses in Surrogate Financial
Ratio Calculations
[FR Doc. 2014-10240 Filed 5-2-14; 8:45 am]
BILLING CODE 3510-DS-P