[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68860-68862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27412]
[[Page 68860]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-012]
Carbon and Certain Alloy Steel Wire Rod From the People's
Republic of China: Final Determination of Sales at Less Than Fair Value
and Final Affirmative Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 19, 2014.
SUMMARY: The Department of Commerce (the Department) determines that
imports of carbon and certain alloy steel wire rod (steel wire rod)
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
period of investigation is July 1, 2013, through December 31, 2013. 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 Brandon Custard, 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.
SUPPLEMENTARY INFORMATION:
Background
The Department published the preliminary determination in the LTFV
investigation of steel wire rod from the PRC on September 8, 2014.\1\
The following events occurred since the Preliminary Determination was
issued.
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\1\ See Carbon and Certain Alloy Steel Wire Rod from the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value and Preliminary Determination of Critical
Circumstances, in Part, 79 FR 53169 (September 8, 2014) (Preliminary
Determination).
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We invited parties to comment on the Preliminary Determination. No
interested party submitted comments.\2\ Therefore, the final
determination does not differ from the Preliminary Determination,
except as noted in the ``Continuation of the Suspension of
Liquidation'' section, below.
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\2\ On October 8, 2014, the petitioners filed a letter
indicating that they did not request a hearing, but would
participate in a hearing if requested by any of the respondents in
this investigation. Given that none of the respondents requested a
hearing, no hearing was held.
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Scope of the Investigation
The product covered by the scope of this investigation is certain
hot-rolled products of carbon steel and alloy steel, in coils, of
approximately circular cross section, less than 19.00 mm in actual
solid cross-sectional diameter. Specifically excluded are steel
products possessing the above-noted physical characteristics and
meeting the Harmonized Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool steel; (c) high nickel
steel; (d) ball bearing steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel (also known as free
machining steel) products (i.e., products that contain by weight one or
more of the following elements: 0.1 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or more of sulfur, more than
0.04 percent of phosphorus, more than 0.05 percent of selenium, or more
than 0.01 percent of tellurium). All products meeting the physical
description of subject merchandise that are not specifically excluded
are included in this scope.
The products under investigation are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of the
HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090
of the HTSUS also may be included in this scope if they meet the
physical description of subject merchandise above. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigation is dispositive.
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period July 31, 2013, through December
31, 2013.
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\3\ For the reasons explained in the Preliminary Determination,
the Department finds it appropriate to consider Bei Tai Iron and
Steel Group Imp. and Exp. (Dalian) Co., Ltd. a part of Benxi Beiying
Iron and Steel Group Imp. and Exp. Corp. Ltd. See Preliminary
Determination, and accompanying Preliminary Decision Memorandum at
9.
\4\ For the reasons explained in the Preliminary Determination,
the Department did not find these companies eligible for a separate
rate. See Preliminary Determination, and accompanying Preliminary
Decision Memorandum at 8-11.
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Weighted-
average
Exporter Producer dumping
margin
(percent)
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Rizhao Steel Wire Co., Ltd..... Rizhao Steel Wire Co., 106.19
Ltd.
Hunan Valin Xiangtan Iron & Hunan Valin Xiangtan 106.19
Steel Co., Ltd. Iron & Steel Co., Ltd.
Jiangsu Shagang International Zhangjiagang Shajing 106.19
Trade Co., Ltd. Steel Co. Ltd.
Jiangsu Shagang International Zhangjiagang Runzhong 106.19
Trade Co., Ltd. Steel Co., Ltd.
Jiangsu Shagang International Zhangjiagang Hongxing 106.19
Trade Co., Ltd. Gaoxian Co., Ltd.
Jiangsu Shagang International Zhangjiagang Rongsheng 106.19
Trade Co., Ltd. Steel-Making Co., Ltd.
Jiangsu Shagang International Jiangsu Runzhong High- 106.19
Trade Co., Ltd. Tech Co., Ltd.
Jiangsu Shagang International Zhangjiagang Hongchang 106.19
Trade Co., Ltd. Gaoxian Co., Ltd.
PRC-wide Entity*............... ....................... 110.25
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* The PRC-wide entity includes, among other companies, Benxi Beiying
Iron and Steel Group Imp. and Exp. Corp. Ltd.,\3\ Tangshan Iron and
Steel Group Co. Ltd., Angang Group International Trade Corporation,
Qingdao Iron and Steel Co., Ltd., Jiangsu Yonggang Group Co. Ltd., and
Baotou Steel International Economic & Trading Co., Ltd.\4\
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Critical Circumstances
In the Preliminary Determination,\5\ we found that critical
circumstances did not exist for entries of subject merchandise from the
companies to which we granted a separate rate.\6\ In accordance with
sections 776(a) and (b) of the Act, we applied facts available with an
adverse inference to determine that critical circumstances existed with
respect to entries of subject merchandise from the PRC-wide entity. No
parties commented on, and we made no changes to, our preliminary
critical circumstances analysis,\7\ for purposes of the final
determination. Therefore, pursuant to section 735(a)(3) of the Act, we
continue to find that critical circumstances do not exist for the
separate rate companies, but do exist for the PRC-wide entity.
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\5\ See Preliminary Determination, 79 FR at 53170.
\6\ Rizhao Steel Wire Co., Ltd., Hunan Valin Xiangtan Iron &
Steel Co., Ltd., and Jiangsu Shagang International Trade Co., Ltd.
(collectively, the separate rate companies).
\7\ See Preliminary Determination, 79 FR at 53170.
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Continuation of Suspension of Liquidation
As noted above, for this final determination, the Department found
that critical circumstances exist with respect to imports of the
subject merchandise from the PRC-wide entity. Therefore, in accordance
with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and
Border Protection (CBP) to continue to suspend liquidation of all
imports of the merchandise subject to the investigation from the PRC-
wide entity, that were entered or withdrawn from warehouse, for
consumption on or after June 10, 2014, 90 days prior to publication of
the Preliminary Determination in the Federal Register, and require a
cash deposit for such entries as noted below.
Because we did not find that critical circumstances exist with
respect to the separate rate companies, in accordance with section
735(c)(1)(B) of the Act, the Department will instruct CBP to continue
to suspend liquidation of all entries of the subject merchandise from
these companies which were entered, or withdrawn from warehouse, for
consumption on or after September 8, 2014, the date of publication of
the Preliminary Determination in the Federal Register.
Furthermore, consistent with our practice, where the product under
investigation is also subject to a concurrent countervailing duty (CVD)
investigation, we will instruct CBP to require a cash deposit equal to
the amount by which the normal value exceeds the export price or
constructed export price, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through.\8\ In the final
determination of the companion CVD investigation on steel wire rod from
the PRC, the Department determined that the mandatory respondents and
all other companies benefited from export subsidies.\9\ Thus, we will
offset the estimated weighted-average dumping margin for the PRC-wide
entity of 110.25 percent, and for the separate rate companies of 106.19
percent, by the CVD rate attributable to export subsidies (i.e., 13.01
percent \10\) to calculate the cash deposit rate for the PRC-wide
entity of 97.24 percent, and for the separate rate companies of 93.18
percent.\11\ Consistent with our Preliminary Determination, we are not
adjusting the final determination rates for estimated domestic subsidy
pass through because we have no basis upon which to make such an
adjustment.\12\
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\8\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department makes
an adjustment for export subsidies in an LTFV investigation not in
the calculation of the weighted-average dumping margin, but in the
cash deposit instructions issued to CBP. See Notice of Final
Determination of Sales at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain Lined Paper
Products from India, 71 FR 45012 (August 8, 2006), and accompanying
Issues and Decision Memorandum at Comment 1.
\9\ See Carbon and Alloy Steel Wire Rod from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, and accompanying Issues and Decision Memorandum at 9-
10 and Attachment entitled ``Description of Programs,'' signed
concurrently with this notice.
\10\ The following subsidy programs countervailed for all
companies in the final determination of the concurrent CVD
investigation are export subsidies: Development of Famous Brands and
China World Top Brands Programs (0.55 percent), Sub-Central
Government Subsidies for Development of Famous Brands and China
World Top Brands (0.55 percent), Funds for Outward Expansion of
Industries in Guangdong Province (0.55 percent), State Specific Fund
for Promoting Key Industries and Innovation Technologies (0.55
percent), Grants for Antidumping Investigations (0.55 percent),
Technology to Improve Trade Research and Development (R&D) Fund
(0.55 percent), Income Tax Reductions for Export-Oriented Foreign
Invested Enterprises (FIEs) (0.00 percent), and Tax Refunds for
Reinvestment of FIE Profits in Export-Oriented Enterprises (9.71
percent). See Carbon and Alloy Steel Wire Rod from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, and the accompanying Issues and Decision Memorandum
at 9-10 and Attachment entitled ``Description of Programs,'' signed
concurrently with this notice.
\11\ We did not make any adjustment for export subsidies in the
Preliminary Determination. See Preliminary Determination, 79 FR at
53171.
\12\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum at 18.
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The Department will instruct CBP to require a cash deposit \13\
equal to the weighted-average amount by which the normal value exceeds
U.S. price, with the above-noted adjustments, as follows: (1) The rate
for the exporter/producer combinations listed in the chart above will
be the rate we have determined in this final determination; (2) for all
PRC exporters of subject merchandise which have not received their own
rate, the cash-deposit rate will be the rate established for the PRC-
wide entity; and (3) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash-deposit rate will be
the rate applicable to the PRC exporter/producer combination that
supplied that non-PRC exporter. These suspension of liquidation and
cash deposit instructions will remain in effect until further notice.
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\13\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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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
will be terminated and all estimated duties deposited as a result of
the suspension of liquidation will be refunded. 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
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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: November 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-27412 Filed 11-18-14; 8:45 am]
BILLING CODE 3510-DS-P