Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 28557-28560 [2010-12292]

Download as PDF Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices submission and not considered during the selection process. Timeframe for Recruitment and Applications Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (www.ita.doc.gov/doctm/ tmcal.html) and other Internet Web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than August 2, 2010. Applications received after that date will be considered only if space and scheduling constraints permit. Contacts U.S. Commercial Service in Mexico City: Aliza Totayo, Commercial Officer, T: +52 (55) 5140–2635, Aliza.Totayo@mail.doc.gov; Juan Carlos Prieto, Commercial Specialist, T: +52 (55) 5140–2634, JuanCarlos.Prieto@mail.doc.gov. Natalia Susak, Global Trade Programs, Commercial Service Trade Missions Program. [FR Doc. 2010–12207 Filed 5–20–10; 8:45 am] BILLING CODE 3510–FP–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–502)] emcdonald on DSK2BSOYB1PROD with NOTICES Circular Welded Carbon Steel Pipes and Tubes From Thailand: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 21, 2010. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482–5255. SUPPLEMENTARY INFORMATION: Background On April 13, 2010, the Department of Commerce (the Department) published VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 28557 the preliminary results of the administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review, 75 FR 18788 (April 13, 2010) (Preliminary Results). This administrative review covers the period March 1, 2008 through February 28, 2009. This review covers one producer/exporter of the subject merchandise to the United States, Saha Thai Steel Pipe (Public) Company, Ltd. determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for the completion of the final results is now October 12, 2010, the first business day following the 180-day period. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(1), the Department shall issue final results in an administrative review of an antidumping duty order within 120 days after the date on which notice of the preliminary results is published in the Federal Register. However, if the Department determines that it is not practicable to complete the review within the time limits, section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2) allow the Department to extend the 120-day period up to a 180day period. Pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we determine that it is not practicable to complete the results of this review within the original time limit. The Department requested comments from interested parties on the effect, if any, of the application of the quarterly cost methodology on the Department’s level of trade analysis. In particular, the Department requested that parties comment on whether the quarterly cost approach requires an evaluation on a quarterly basis of the pattern of price differences and how any such differences should be analyzed for purposes of determining whether a level of trade adjustment is warranted. Consequently, the Department needs additional time to consider comments that were filed by the parties and to develop an appropriate analytical approach. In accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), the Department has decided to extend the time limit for the final results from 120 days to 180 days, making the new due date for the final results, October 10, 2010. However, October 10, 2010 falls on a Sunday, and Monday, October 11, 2010 is a federal holiday. It is the Department’s longstanding practice to issue a Dated: May 14, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 [FR Doc. 2010–12305 Filed 5–20–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–946] Pre–Stressed Concrete Steel Wire Strand from the People’s Republic of China: Final Affirmative Countervailing Duty Determination AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of pre–stressed concrete steel wire strand from the People’s Republic of China (the PRC). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. EFFECTIVE DATE: May 21, 2010. FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, Office 3, Operations, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2209. SUPPLEMENTARY INFORMATION: Background This investigation covers 61 programs and the following producers/exporters: Fasten Group Import & Export Co., Ltd. (Fasten I&E), Fasten Group Corporation (Fasten Corp.), Jiangyin Fasten Steel (Fasten Steel), Jiangyin Hongyu Metal Products Co., Ltd. (Hongyu Metal), Jiangyin Walsin Steel Cable Co., Ltd. (Walsin) and Jiangyin Hongsheng Co., Ltd. (Hongsheng) (collectively, the E:\FR\FM\21MYN1.SGM 21MYN1 28558 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices Fasten Companies) and Xinhua Metal Products Company (Xinhua), Xinyu Iron and Steel Joint Stock Limited Company (Xinyu), and Xinyu Iron and Steel Limited Liability Company (Xingang) (collectively, the Xinhua Companies). The petitioners in this investigation are American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp. (collectively, the petitioners). emcdonald on DSK2BSOYB1PROD with NOTICES Period of Investigation The period of investigation (the POI) for which we are measuring subsidies is January 1, 2008, through December 31, 2008, which corresponds to the PRC’s most recently completed fiscal year. See 19 CFR 351.204(b)(2). Case History The following events have occurred since the Department announced the Preliminary Determination on October 27, 2009. See Pre–Stressed Concrete Steel Wire Strand from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 74 FR 56756 (November 2, 2009) (Preliminary Determination). From November 3, 2009, through December 23, 2009, we issued supplemental questionnaires to Government of the PRC (the GOC), the Fasten Companies, and the Xinhua Companies. From November 9, 2009, through January 25, 2010, the GOC, the Fasten Companies, and the Xinhua Companies submitted supplemental questionnaire responses. On October 28, 2009, petitioners requested that the Department align the due date of the final determination of the countervailing duty (CVD) investigation with the due date of the final determination in the companion antidumping (AD) investigation. On November 13, 2009, the Department aligned the due date of the final determination in the CVD investigation with the due date of the final determination in the AD investigation. See Pre–Stressed Concrete Steel Wire Strand from the People’s Republic of China: Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 74 FR 59960 (November 19, 2009). On November 20, 2009, the Xinhua Companies submitted a request for a public hearing. From November 23, 2009, through January 22, 2010, we issued verification outlines to the Fasten Companies, the GOC, and the Xinhua Companies. From January 14, 2010, through February 3, 2010, verifiers from the Department conducted verification of the questionnaire responses submitted by the Fasten Companies, the VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 Xinhua Companies, and the GOC. From February 23, 2010, through March 9, 2010, we issued verification reports for the GOC, the Fasten Companies, and the Xinhua Companies. On March 16 and March 24, interested parties submitted their case and rebuttal briefs. On April 14, 2010, the Department placed on the record of the investigation publicly available information concerning the provision of wire rod for less than adequate remuneration (LTAR) program. See Memorandum to the File from Eric B. Greynolds, Program Manager, Office 3, Operations (April 14, 2010) (New Information Memorandum). On April 21 and 26, 2010, interested parties submitted comments and clarifying information concerning the information the Department placed on the record. As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for this CVD investigation is now May 14, 2010. See Memorandum to the Record from Ronald K Lorentzen, Deputy Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010.’’ Scope of Investigation For purposes of this investigation, PC strand is steel wire strand, other than of stainless steel, which is suitable for use in, but not limited to, pre–stressed concrete (both pre–tensioned and post– tensioned) applications. The scope of this investigation encompasses all types and diameters of PC strand whether uncoated (uncovered) or coated (covered) by any substance, including but not limited to, grease, plastic sheath, or epoxy. This merchandise includes, but is not limited to, PC strand produced to the American Society for Testing and Materials (ASTM) A–416 specification, or comparable domestic or foreign specifications. PC strand made from galvanized wire is excluded from the scope if the zinc and/or zinc oxide coating meets or exceeds the 0.40 oz./ft2 standard set forth in ASTM–A–475. The PC strand subject to this investigation is currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 purposes, the written description of the scope of this investigation is dispositive. Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, the International Trade Commission (the ITC) is required to determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. On July 17, 2009, the ITC published its preliminary determination finding that there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports from the PRC of the subject merchandise. See Pre–Stressed Concrete Steel Wire Strand from China, Investigation Nos. 701–TA–464 and 731–TA–1160 (Preliminary), 74 FR 34782 (July 17, 2009). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Decision Memorandum. Attached to this notice as an Appendix is a list of the issues that parties raised and to which we have responded in the Decision Memorandum. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in this public memorandum, which is on file in the Department’s Central Records Unit. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. Suspension of Liquidation In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have calculated an individual rate for the companies under investigation: the Fasten Companies and the Xinhua Companies. Sections 703(d) and 705(c)(5)(A) of the Act state that for companies not investigated, we will determine an all–others rate by weighting the individual company subsidy rate of each of the companies investigated by each company’s exports of the subject merchandise to the United States. The all–others rate may not include zero and de minimis net subsidy rates, or any rates based solely on the facts available. Notwithstanding the language of section 705(c)(1)(B)(i)(I) of the Act, we have not calculated the all–others rate by weight averaging the rates of the Fasten Companies and the Xinhua E:\FR\FM\21MYN1.SGM 21MYN1 28559 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices Companies because doing so risks disclosure of proprietary information. Therefore, for the all–others rate, we have calculated a simple average of the two responding firms’ rates. Producer/Exporter Subsidy Rate Fasten Group Corporation (Fasten Corp.), Fasten Group Import & Export Co., Ltd. (Fasten I&E), Jiangyin Hongsheng Co. Ltd. (Hongsheng), Jiangyin Fasten Steel (Fasten Steel), Jiangyin Hongyu Metal Products Co., Ltd. (Hongyu Metal), and Jiangyin Walsin Steel Cable Co., Ltd. (Walsin) (Collectively, the Fasten Companies) .................................................................................. Xinhua Metal Products Company (Xinhua), Xinyu Iron and Steel Joint Stock Limited Company (Xinyu), and Xinyu Iron and Steel Limited Liability Company (Xingang) (Collectively the Xinhua Companies) ........................................................................................................................................ All Others ............................................................................................................................................... As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed the U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from the PRC which were entered or withdrawn from warehouse, for consumption on or after November 2, 2009, the date of the publication of the Preliminary Determination in the Federal Register. In accordance with sections 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for countervailing duty purposes for subject merchandise entered, or withdrawn from warehouse, on or after March 2, 2010, but to continue the suspension of liquidation of all entries from November 2, 2010, through March 1, 2010. We will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act if the ITC issues a final affirmative injury determination, and will require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. emcdonald on DSK2BSOYB1PROD with NOTICES ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non– privileged and non–proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an APO, without the written consent of the Assistant Secretary for Import Administration. VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an 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 the return/ 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 violation which is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: May 14, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. APPENDIX List of Comments and Issues in the Decision Memorandum Comment 1: Whether the Imposition of Countervailing Duties on the Same Imports that are Subject to Commerce’s NME AD Methodology is Contrary to Law Comment 2: Whether the Simultaneous Application of CVD Market Benchmarks and the AD Surrogate Value Methodology Unlawfully Double– Counts the Remedy for Domestic Subsidies Comment 3: Whether the Department May Place the Burden on Respondents to ‘‘Prove’’ the Double–Counting of Remedies Comment 4: Whether the Department’s Application of a December 11, 2001 ‘‘Cut–Off’’ Date for Examining Alleged Subsidies Is Appropriate Comment 5: Whether the GOC Failed to Cooperate in Providing Ownership PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 8.85 percent ad valorem 45.85 percent ad valorem 27.35 percent ad valorem Information for Producer A in a Manner that Warrants the Application of AFA Comment 6: Whether the GOC Failed to Cooperate in Providing Ownership Information for Producer B in a Manner that Warrants the Application of AFA Comment 7: Whether Record Evidence Demonstrates that Producer A is a GOC Authority Comment 8: Whether Record Evidence Demonstrates that Producer B is a GOC Authority Comment 9: Whether the GOC Failed to Indicate Whether Certain Wire Rod Suppliers Were Producers or Trading Companies Comment 10: Whether SOEs and Firms Majority–Owned by the GOC Constitute Government Authorities Comment 11: Whether Private Resellers of Wire Rod Should Be Treated as Government Authorities Comment 12: Whether the Provision of Wire Rod to PC Strand Producers is Specific Comment 13: Whether the Benchmark for the Wire Rod for LTAR Program Should Reflect All Delivery Charges, Including Shipping and Insurance Costs Comment 14: Whether the Department Should Include Wire Rod Prices from the CRU Monitor and AMM Monitor in the LTAR Benchmark Comment 15: Whether to Use an In– Country Benchmark to Measure Benefits Under the Provision of Wire Rod for LTAR Program Comment 16: Whether Benefits Under the Provision of Wire Rod Program Should Be Attributed to Sales of Fasten I&E and Hongshen Comment 17: Whether the Wire Rod Sold for LTAR Should be Attributed Only to Sales of Wire Rod Comment 18: Whether the Department Committed a Ministerial Error for the Fasten and the Xinhua Companies Under the Provision of Wire Rod for LTAR Program And Whether the Department Should Correct the GOC Verification Report for Alleged Errors E:\FR\FM\21MYN1.SGM 21MYN1 28560 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices Comment 19: Whether the Department Erred By Including Intra–Company Sales in the Denominator Used in the Net Subsidy Calculation of the Wire Rod for LTAR Program Comment 20: The Suitability of the Benchmark Used to Calculate Benefits Under the Policy Lending Program Comment 21: Whether GOC Policy Lending Is Specific Comment 22: Whether Chinese Banks are Government Authorities Comment 23: Whether The Department Should Apply AFA Available to Unverifiable Information Provided by Xinhua Comment 24: Whether the Department Should Investigate the PRC’s Alleged Undervaluation of its Currency and Find that it Constitutes a Countervailable Export Subsidy Comment 25:Whether Provision of Land by Municipal and Provincial Governments to Respondents Was Countervailable Comment 26:Whether the Provision of Electricity Is Not Countervailable Because the Program Provides General Infrastructure Which Does Not Constitute a Financial Contribution, Co 27, 45 [FR Doc. 2010–12292 Filed 5–20–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–945] emcdonald on DSK2BSOYB1PROD with NOTICES Prestressed Concrete Steel Wire Strand From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 21, 2010. SUMMARY: On December 23, 2009, the Department of Commerce (the ‘‘Department’’) published its notice of preliminary determination of sales at less than fair value (‘‘LTFV’’) in the antidumping investigation of prestressed concrete steel strand (‘‘PC strand’’) from the People’s Republic of China (‘‘PRC’’).1 The period of investigation (‘‘POI’’) is October 1, 2008, through March 31, 2009. We invited interested parties to comment on our preliminary determination. Based on 1 See Prestressed Concrete Steel Wire Strand From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 74 FR 68232 (December 23, 2009) (‘‘Preliminary Determination’’). VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 our analysis of the comments received, we have made changes to our margin calculations for the respondents. We determine that PC strand from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The estimated margins of sales at LTFV are shown in the ‘‘Final Determination Margins’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Alan Ray or Alexis Polovina, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482–5403 or (202) 482– 3927, respectively. SUPPLEMENTARY INFORMATION: Case History The Department published its Preliminary Determination on December 23, 2009. Between January 18, 2010, and January 27, 2010, the Department conducted verifications of Wuxi Jinyang Metal Products Co., Ltd. (‘‘WJMP’’) and Xinhua Metal Products Co., Ltd. (‘‘Xinhua Metal’’). See the ‘‘Verification’’ section below for additional information. Upon the March 2, 2010, release of the verification reports,2 we invited parties to comment on the Preliminary Determination. On March 15, 2010, we received case briefs from Petitioners,3 Xinhua Metal, WJMP, and the separaterate applicant Fasten Group Import & Export Co. Ltd. (‘‘Fasten I&E’’). On March 22, 2010, we received rebuttal briefs from Petitioners, Xinhua Metal, WJMP, and the Government of China (‘‘GOC’’). The Department held the public hearing on March 31, 2010. Tolling of Administrative Deadlines As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll 2 Memorandum to the File, from Alexis Polovina, Case Analyst, through Alex Villanueva, Program Manager, Verification of the Sales and Processing Response of Xinhua Metal Products Co., Ltd. in the Antidumping Duty Investigation of Prestressed Concrete Steel Wire Strand From the People’s Republic of China (‘‘PRC’’), dated March 2, 2010 (‘‘Xinhua Metal Verification Report’’); Memorandum to the File, from Alan Ray, Case Analyst, through Alex Villanueva, Program Manager, Verification of the Sales and Processing Response of Wuxi Jinyang Metal Products Co., Ltd. in the Antidumping Duty Investigation of Prestressed Concrete Steel Wire Strand From the People’s Republic of China (‘‘PRC’’), dated March 2, 2010 (‘‘WJMP Verification Report’’). 3 American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp., (collectively, ‘‘Petitioners’’). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for this final determination is now May 14, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the ‘‘Investigation of Prestressed Concrete Steel Strand From the People’s Republic of China: Issues and Decision Memorandum’’ (‘‘Issues and Decision Memorandum’’), dated concurrently with this notice and which is hereby adopted by this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 1117, and is accessible on the World Wide Web at https://trade.gov/ia/index.asp. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of information on the record of this investigation, we have made changes to the margin calculations for the final determination. For the final determination, we have calculated surrogate financial ratios using the fiscal year 2008–2009 financial statements of Rajratan Global Wire Ltd. See Issues and Decision Memorandum at Comment 1. Additionally, unlike in the Preliminary Determination, where World Trade Atlas (‘‘WTA’’) data was available for only the first five months of the POI, for the final determination, WTA data covering the full POI is available. Therefore, for surrogate values calculated for the final determination derived from WTA data, we have relied on WTA data covering the full POI. See Memorandum to the File, from Alan Ray, Case Analyst, through Alex Villanueva, Program Manager, Prestressed Concrete Steel Wire Strand from the People’s Republic of China: Placing Additional Surrogate Value Data on the Record, dated January 11, 2010; Memorandum to the File from Alexis Polovina, Case Analyst, through Alex E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28557-28560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-946]


Pre-Stressed Concrete Steel Wire Strand from the People's 
Republic of China: Final Affirmative Countervailing Duty Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of pre-stressed concrete steel wire strand from the People's Republic 
of China (the PRC). For information on the estimated subsidy rates, see 
the ``Suspension of Liquidation'' section of this notice.

EFFECTIVE DATE: May 21, 2010.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, 
Office 3, Operations, Import Administration, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-2209.

SUPPLEMENTARY INFORMATION:

Background

    This investigation covers 61 programs and the following producers/
exporters: Fasten Group Import & Export Co., Ltd. (Fasten I&E), Fasten 
Group Corporation (Fasten Corp.), Jiangyin Fasten Steel (Fasten Steel), 
Jiangyin Hongyu Metal Products Co., Ltd. (Hongyu Metal), Jiangyin 
Walsin Steel Cable Co., Ltd. (Walsin) and Jiangyin Hongsheng Co., Ltd. 
(Hongsheng) (collectively, the

[[Page 28558]]

Fasten Companies) and Xinhua Metal Products Company (Xinhua), Xinyu 
Iron and Steel Joint Stock Limited Company (Xinyu), and Xinyu Iron and 
Steel Limited Liability Company (Xingang) (collectively, the Xinhua 
Companies). The petitioners in this investigation are American Spring 
Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products 
Corp. (collectively, the petitioners).

Period of Investigation

    The period of investigation (the POI) for which we are measuring 
subsidies is January 1, 2008, through December 31, 2008, which 
corresponds to the PRC's most recently completed fiscal year. See 19 
CFR 351.204(b)(2).

Case History

    The following events have occurred since the Department announced 
the Preliminary Determination on October 27, 2009. See Pre-Stressed 
Concrete Steel Wire Strand from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, 74 FR 56756 
(November 2, 2009) (Preliminary Determination).
    From November 3, 2009, through December 23, 2009, we issued 
supplemental questionnaires to Government of the PRC (the GOC), the 
Fasten Companies, and the Xinhua Companies. From November 9, 2009, 
through January 25, 2010, the GOC, the Fasten Companies, and the Xinhua 
Companies submitted supplemental questionnaire responses. On October 
28, 2009, petitioners requested that the Department align the due date 
of the final determination of the countervailing duty (CVD) 
investigation with the due date of the final determination in the 
companion antidumping (AD) investigation. On November 13, 2009, the 
Department aligned the due date of the final determination in the CVD 
investigation with the due date of the final determination in the AD 
investigation. See Pre-Stressed Concrete Steel Wire Strand from the 
People's Republic of China: Alignment of Final Countervailing Duty 
Determination with Final Antidumping Duty Determination, 74 FR 59960 
(November 19, 2009). On November 20, 2009, the Xinhua Companies 
submitted a request for a public hearing. From November 23, 2009, 
through January 22, 2010, we issued verification outlines to the Fasten 
Companies, the GOC, and the Xinhua Companies. From January 14, 2010, 
through February 3, 2010, verifiers from the Department conducted 
verification of the questionnaire responses submitted by the Fasten 
Companies, the Xinhua Companies, and the GOC. From February 23, 2010, 
through March 9, 2010, we issued verification reports for the GOC, the 
Fasten Companies, and the Xinhua Companies. On March 16 and March 24, 
interested parties submitted their case and rebuttal briefs. On April 
14, 2010, the Department placed on the record of the investigation 
publicly available information concerning the provision of wire rod for 
less than adequate remuneration (LTAR) program. See Memorandum to the 
File from Eric B. Greynolds, Program Manager, Office 3, Operations 
(April 14, 2010) (New Information Memorandum). On April 21 and 26, 
2010, interested parties submitted comments and clarifying information 
concerning the information the Department placed on the record.
    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding have been extended by seven 
days. The revised deadline for this CVD investigation is now May 14, 
2010. See Memorandum to the Record from Ronald K Lorentzen, Deputy 
Assistant Secretary for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the Recent Snowstorm,'' dated February 12, 2010.''

Scope of Investigation

    For purposes of this investigation, PC strand is steel wire strand, 
other than of stainless steel, which is suitable for use in, but not 
limited to, pre-stressed concrete (both pre-tensioned and post-
tensioned) applications. The scope of this investigation encompasses 
all types and diameters of PC strand whether uncoated (uncovered) or 
coated (covered) by any substance, including but not limited to, 
grease, plastic sheath, or epoxy. This merchandise includes, but is not 
limited to, PC strand produced to the American Society for Testing and 
Materials (ASTM) A-416 specification, or comparable domestic or foreign 
specifications. PC strand made from galvanized wire is excluded from 
the scope if the zinc and/or zinc oxide coating meets or exceeds the 
0.40 oz./ft[bds2] standard set forth in ASTM-A-475.
    The PC strand subject to this investigation is currently 
classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this investigation is 
dispositive.

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, the International Trade 
Commission (the ITC) is required to determine whether imports of the 
subject merchandise from the PRC materially injure, or threaten 
material injury to, a U.S. industry. On July 17, 2009, the ITC 
published its preliminary determination finding that there is a 
reasonable indication that an industry in the United States is 
materially injured or threatened with material injury by reason of 
imports from the PRC of the subject merchandise. See Pre-Stressed 
Concrete Steel Wire Strand from China, Investigation Nos. 701-TA-464 
and 731-TA-1160 (Preliminary), 74 FR 34782 (July 17, 2009).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Decision Memorandum. Attached 
to this notice as an Appendix is a list of the issues that parties 
raised and to which we have responded in the Decision Memorandum. 
Parties can find a complete discussion of all issues raised in this 
investigation and the corresponding recommendations in this public 
memorandum, which is on file in the Department's Central Records Unit. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at https://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated an individual rate for the companies under investigation: 
the Fasten Companies and the Xinhua Companies. Sections 703(d) and 
705(c)(5)(A) of the Act state that for companies not investigated, we 
will determine an all-others rate by weighting the individual company 
subsidy rate of each of the companies investigated by each company's 
exports of the subject merchandise to the United States. The all-others 
rate may not include zero and de minimis net subsidy rates, or any 
rates based solely on the facts available.
    Notwithstanding the language of section 705(c)(1)(B)(i)(I) of the 
Act, we have not calculated the all-others rate by weight averaging the 
rates of the Fasten Companies and the Xinhua

[[Page 28559]]

Companies because doing so risks disclosure of proprietary information. 
Therefore, for the all-others rate, we have calculated a simple average 
of the two responding firms' rates.

------------------------------------------------------------------------
       Producer/Exporter                       Subsidy Rate
------------------------------------------------------------------------
Fasten Group Corporation                         8.85 percent ad valorem
 (Fasten Corp.), Fasten Group
 Import & Export Co., Ltd.
 (Fasten I&E), Jiangyin
 Hongsheng Co. Ltd.
 (Hongsheng), Jiangyin Fasten
 Steel (Fasten Steel), Jiangyin
 Hongyu Metal Products Co.,
 Ltd. (Hongyu Metal), and
 Jiangyin Walsin Steel Cable
 Co., Ltd. (Walsin)
 (Collectively, the Fasten
 Companies)....................
Xinhua Metal Products Company                   45.85 percent ad valorem
 (Xinhua), Xinyu Iron and Steel
 Joint Stock Limited Company
 (Xinyu), and Xinyu Iron and
 Steel Limited Liability
 Company (Xingang)
 (Collectively the Xinhua
 Companies)....................
All Others.....................                 27.35 percent ad valorem
------------------------------------------------------------------------

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed the U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of subject 
merchandise from the PRC which were entered or withdrawn from 
warehouse, for consumption on or after November 2, 2009, the date of 
the publication of the Preliminary Determination in the Federal 
Register. In accordance with sections 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
countervailing duty purposes for subject merchandise entered, or 
withdrawn from warehouse, on or after March 2, 2010, but to continue 
the suspension of liquidation of all entries from November 2, 2010, 
through March 1, 2010.
    We will issue a CVD order and reinstate the suspension of 
liquidation under section 706(a) of the Act if the ITC issues a final 
affirmative injury determination, and will require a cash deposit of 
estimated countervailing duties for such entries of merchandise in the 
amounts indicated above. If the ITC determines that material injury, or 
threat of material injury, does not exist, this proceeding will be 
terminated and all estimated duties deposited or securities posted as a 
result of the suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an APO, without the written consent of the Assistant Secretary 
for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an 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 the return/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 violation which is 
subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: May 14, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: Whether the Imposition of Countervailing Duties on the Same 
Imports that are Subject to Commerce's NME AD Methodology is Contrary 
to Law
Comment 2: Whether the Simultaneous Application of CVD Market 
Benchmarks and the AD Surrogate Value Methodology Unlawfully Double-
Counts the Remedy for Domestic Subsidies
Comment 3: Whether the Department May Place the Burden on Respondents 
to ``Prove'' the Double-Counting of Remedies
Comment 4: Whether the Department's Application of a December 11, 2001 
``Cut-Off'' Date for Examining Alleged Subsidies Is Appropriate
Comment 5: Whether the GOC Failed to Cooperate in Providing Ownership 
Information for Producer A in a Manner that Warrants the Application of 
AFA
Comment 6: Whether the GOC Failed to Cooperate in Providing Ownership 
Information for Producer B in a Manner that Warrants the Application of 
AFA
Comment 7: Whether Record Evidence Demonstrates that Producer A is a 
GOC Authority
Comment 8: Whether Record Evidence Demonstrates that Producer B is a 
GOC Authority
Comment 9: Whether the GOC Failed to Indicate Whether Certain Wire Rod 
Suppliers Were Producers or Trading Companies
Comment 10: Whether SOEs and Firms Majority-Owned by the GOC Constitute 
Government Authorities
Comment 11: Whether Private Resellers of Wire Rod Should Be Treated as 
Government Authorities
Comment 12: Whether the Provision of Wire Rod to PC Strand Producers is 
Specific
Comment 13: Whether the Benchmark for the Wire Rod for LTAR Program 
Should Reflect All Delivery Charges, Including Shipping and Insurance 
Costs
Comment 14: Whether the Department Should Include Wire Rod Prices from 
the CRU Monitor and AMM Monitor in the LTAR Benchmark
Comment 15: Whether to Use an In-Country Benchmark to Measure Benefits 
Under the Provision of Wire Rod for LTAR Program
Comment 16: Whether Benefits Under the Provision of Wire Rod Program 
Should Be Attributed to Sales of Fasten I&E and Hongshen
Comment 17: Whether the Wire Rod Sold for LTAR Should be Attributed 
Only to Sales of Wire Rod
Comment 18: Whether the Department Committed a Ministerial Error for 
the Fasten and the Xinhua Companies Under the Provision of Wire Rod for 
LTAR Program And Whether the Department Should Correct the GOC 
Verification Report for Alleged Errors

[[Page 28560]]

Comment 19: Whether the Department Erred By Including Intra-Company 
Sales in the Denominator Used in the Net Subsidy Calculation of the 
Wire Rod for LTAR Program
Comment 20: The Suitability of the Benchmark Used to Calculate Benefits 
Under the Policy Lending Program
Comment 21: Whether GOC Policy Lending Is Specific
Comment 22: Whether Chinese Banks are Government Authorities
Comment 23: Whether The Department Should Apply AFA Available to 
Unverifiable Information Provided by Xinhua
Comment 24: Whether the Department Should Investigate the PRC's Alleged 
Undervaluation of its Currency and Find that it Constitutes a 
Countervailable Export Subsidy
Comment 25:Whether Provision of Land by Municipal and Provincial 
Governments to Respondents Was Countervailable
Comment 26:Whether the Provision of Electricity Is Not Countervailable 
Because the Program Provides General Infrastructure Which Does Not 
Constitute a Financial Contribution, Co 27, 45
[FR Doc. 2010-12292 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-DS-S

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