[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35727-35728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14708]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-843, A-570-990]
Prestressed Concrete Steel Rail Tie Wire From Mexico and the
People's Republic of China: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on prestressed
concrete steel rail tie wire (PC tie wire) from Mexico and the People's
Republic of China (PRC).
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Brian Smith (PRC) or Brandon Custard
(Mexico), 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) 482-1823, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.210(c), on May 5, 2014,
the Department published its affirmative final determinations of sales
at less-than-fair-value in the antidumping duty investigations of PC
tie wire from Mexico and the PRC, respectively.\1\ On June 17, 2014,
the ITC notified the Department of its affirmative determinations that
an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-
fair-value imports of PC tie wire from Mexico and the PRC.\2\
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\1\ See Prestressed Concrete Steel Rail Tie Wire From Mexico:
Final Determination of Sales at Less Than Fair Value, 79 FR 25571
(May 5, 2014); and Final Determination of Sales at Less Than Fair
Value: Prestressed Concrete Steel Rail Tie Wire From the People's
Republic of China, 79 FR 25572 (May 5, 2014).
\2\ See Prestressed Concrete Steel Rail Tie Wire From Mexico and
the People's Republic of China, Investigation No. 701-TA-1207 and
731-TA-1208 (Final), June 2014.
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Scope of the Orders
The products covered by these orders are 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 these orders is dispositive.
Antidumping Duty Orders
As stated above, on June 17, 2014, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determinations in these investigations, in which it found material
injury with respect to PC tie wire from Mexico and the PRC.\3\ Because
the ITC determined that imports of PC tie wire from Mexico and the PRC
are materially injuring a U.S. industry, all unliquidated entries of
such merchandise from Mexico and the PRC, entered or withdrawn from
warehouse, are subject to the assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amounts listed below for all relevant entries of PC tie
wire from Mexico and the PRC. These antidumping duties will be assessed
on unliquidated entries of PC tie wire from Mexico and the PRC entered,
or withdrawn from warehouse, for consumption on or after December 12,
2013, the date of publication of the preliminary determinations,\4\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination as further described below.
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\4\ 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); and 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).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all entries of PC
tie wire from Mexico and the PRC. We will also instruct CBP to require
cash deposits equal to the amounts as indicated below. These
instructions suspending liquidation will remain in effect until further
notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determinations, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below.\5\
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\5\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of PC tie wire from Mexico and the PRC, we extended the
four-month period to no more than six months.\6\ In the underlying
investigations, the Department published the preliminary determinations
on December 12, 2013. Therefore, the six-month period beginning on the
date of publication of the preliminary determinations ended
[[Page 35728]]
on June 10, 2014. Furthermore, section 737(b) of the Act states that
definitive duties are to begin on the date of publication of the ITC's
final injury determination.
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\6\ See letters to the Department from Aceros Camesa, S.A. de
C.V. (Mexico), dated November 19, 2013; and from Silvery Dragon
Technology and Trading Co., Ltd. Tianjin (PRC), dated November 19,
2013.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of PC tie wire from Mexico and the PRC entered, or
withdrawn from warehouse, for consumption after June 10, 2014, the date
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
The weighted-average dumping margins are as follows:
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Weighted-average
Country Manufacturer/exporter margin (percent)
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Mexico........................ Aceros Camesa, S.A. 9.99
de C.V..
All Others........... 9.99
PRC........................... Silvery Dragon Group 31.40
Technology and
Trading Co. Ltd.
Tianjin/Silvery
Dragon Prestressed
Materials Co., Ltd.
Tianjin.
PRC-wide Entity \7\.. 35.31
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This notice constitutes the antidumping duty orders with respect to
PC tie wire from Mexico and the PRC pursuant to section 736(a) of the
Act. Interested parties can find a list of antidumping duty orders
currently in effect at http://ia.ita.doc.gov/stats/iastats1.html.
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\7\ The PRC-wide entity includes Wuxi Jinyang Metal Products
Co., Ltd. and Shanxi New-Mile International Trade Co., Ltd.
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These orders are published in accordance with section 736(a) of the
Act and section 351.211 of the Department's regulations.
Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-14708 Filed 6-23-14; 8:45 am]
BILLING CODE 3510-DS-P