[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25571-25572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10241]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-843]
Prestressed Concrete Steel Rail Tie Wire From Mexico: Final
Determination of Sales at Less Than Fair Value
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
Mexico 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 margins are listed below
in the section entitled ``Final Determination Margins.''
DATES: Effective Date: May 5, 2014.
FOR FURTHER INFORMATION CONTACT: Brandon Custard or Rebecca Trainor,
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-
1823 or (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2013, the Department published in the Federal
Register the preliminary determination of sales at less than fair value
in the antidumping duty investigation of PC tie wire from Mexico.\1\
The following events occurred since the preliminary determination was
issued.
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\1\ See Prestressed Concrete Steel Rail Tie Wire from Mexico:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 78 FR 75544 (December 12, 2013)
(Preliminary Determination).
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We issued a supplemental cost questionnaire to Aceros Camesa, S.A.
de C.V. (Camesa) on December 16, 2013, and received a response to this
supplemental questionnaire on December 23, 2013. Between December 11,
2013, and January 24, 2014, the Department conducted sales and cost
verifications of Camesa, in accordance with section 782(i) of the
Act.\2\ On January 13, 2014, Camesa requested that the Department hold
a hearing in this investigation. On February 26, 2014, Camesa withdrew
its hearing request. On February 27, 2014, the petitioners \3\ and
Camesa submitted case briefs. On March 5, and March 6, 2014, the
petitioners and Camesa submitted rebuttal briefs, respectively.
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\2\ See the ``Verification'' section, below.
\3\ The petitioners in this investigation are Davis Wire
Corporation and Insteel Wire Products Company.
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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
\4\ which is hereby adopted by this notice. A list of the issues raised
is attached to this notice as Appendix I. Based on our analysis of
comments received, we made changes to the margin calculations which are
described in the Issues and Decision Memorandum. 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
[[Page 25572]]
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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\4\ Memorandum from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailng Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum for the Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wire From Mexico'' (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 December 2013 and
January 2014, we verified the sales and cost information submitted by
Camesa 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
Camesa.\5\
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\5\ See Memorandum to the File, ``Verification of the Sales
Response of WireCo World Group Inc. (WireCo) in the Antidumping Duty
Investigation of Prestressed Concrete Steel Rail Tie Wire from
Mexico'' (February 14, 2014); Memorandum to the File, ``Verification
of the Sales Response of Aceros Camesa, SA. De C.V. (Camesa) in the
Antidumping Duty Investigation of Prestressed Concrete Steel Rail
Tie Wire from Mexico'' (February 14, 2014); and Memorandum to the
File, ``Verification of the Cost Response of Aceros Camesa S.A. de
C.V. in the Less-Than-Fair-Value Investigation of Prestressed
Concrete Steel Rail Tie Wire from Thailand'' (February 18, 2014).
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Continuation of Suspension of Liquidation
Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs
and Border Protection (CBP) to continue to suspend liquidation of all
entries of subject merchandise from Mexico, 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.
CBP shall require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price as shown below. These
instructions suspending liquidation will remain in effect until further
notice.
Final Determination Margins
The weighted-average dumping margins are as follows:
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\6\ See section 735(c)(5)(A) of the Act.
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Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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Aceros Camesa S.A. de C.V.................................. 9.99
All Others................................................. 9.99
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The ``All Others'' rate is based on the weighted-average dumping margin
calculated for Camesa, the only company individually examined and for
which the Department calculated a rate.\6\
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).
ITC Notification
In accordance with section 735(d) of the Act, we notified the U.S.
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, the ITC will determine within 45
days whether imports of the subject merchandise are causing material
injury, or threat of material injury, to an industry in the United
States. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will 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 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 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 and Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Margin Calculations
VI. Discussion of the Issues
1. Calculation of the Constructed Export Price (CEP) Profit
Ratio
2. Calculation of the Constructed Value (CV) Selling Expense
Ratio
3. Treatment of Certain Salary Expenses
4. Preliminary Determination Unreconciled Difference
5. Cost Verification Findings
6. General and Administrative (G&A) Offsets
7. CV Profit
[FR Doc. 2014-10241 Filed 5-2-14; 8:45 am]
BILLING CODE 3510-DS-P