Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 38977-38978 [2010-16500]
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
as amended (the Act), that an industry
in the United States is materially
injured by reason of subsidized imports
of subject merchandise from the PRC.
See ITC Final Determination.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–946]
Pre–Stressed Concrete Steel Wire
Strand from the People’s Republic of
China: Notice of Amended Final
Affirmative Countervailing Duty
Determination and Notice of
Countervailing Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing a
countervailing duty order on pre–
stressed concrete steel wire strand (PC
strand) from the People’s Republic of
China (PRC). On June 22, 2010, the ITC
notified the Department of its
affirmative determination of material
injury to a U.S. industry. See Pre–
Stressed Concrete Steel Wire Strand
from the People’s Republic of China,
USITC Pub. 4162, Inv. Nos. 701–TA–
464 (Final) (June 2010) (ITC Final
Determination Report).
EFFECTIVE DATE: July 7, 2010.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–8362.
SUPPLEMENTARY INFORMATION:
Case History
On May 21, 2010, the Department
published its final determination in the
countervailing duty investigation of PC
strand from the PRC. See Pre–Stressed
Concrete Steel Wire Strand from the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination, 75 FR 28557 (May 21,
2010) (Final Determination).
On June 22, 2010, the ITC notified the
Department of its final determination
pursuant to sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Tariff Act of 1930,
Scope of Order
The merchandise covered by this
order is PC strand. 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 order
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 order 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
order is dispositive.
Amendment to the Final Determination
In accordance with sections 705(d)
and 777(i)(1) of the Act, on May 21,
2010, the Department published its
notice of final affirmative countervailing
duty determination in the
countervailing duty investigation of PC
strand from the PRC. See Final
Determination. On June 19, 2010,
petitioners in the investigation
submitted a timely ministerial error
allegation with respect to the Final
Determination.1
In accordance with 19 CFR
351.224(e), on June 28, 2010, the
Department issued its Ministerial Error
Correction Memorandum addressing
petitioners’ ministerial error allegations.
See Memorandum to, John M.
Andersen, Acting Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Final
Determination Ministerial Error
Allegation,’’ (June 28, 2010), a
proprietary document of which the
public version is on file in the Central
Records Unit, room 1117, in the main
Commerce building. After analyzing
petitioners’ ministerial error allegation,
we have determined, in accordance with
19 CFR 351.224(e), that we made a
ministerial error in our calculations
performed for the final determination.
As a result of correcting for this error,
the countervailing duty calculated for
the 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) has
changed from 8.85 percent to 9.42
percent.
Section 705(c)(5)(A) of the Act states
that for companies not investigated, an
all–others rate will be determined by
weight averaging the subsidy rates
established for each individually
investigated respondent. 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)(5)(A) of the Act, we have not
calculated the all–others rate by weight
averaging the rates of the Fasten
Companies and the other mandatory
respondent, 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),
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.
In accordance with 19 CFR 351.224
(e), we are amending the subsidy rates
of PC strand from the PRC. The revised
subsidy rates are listed in the chart
below.
cprice-sewell on DSK8KYBLC1PROD with NOTICES
Producer/Exporter
Original Subsidy Rate
Fasten Group Corporation (Fasten Corp.), Fasten Group Import & Export
Co., Ltd. (Fasten I&E), Jiangyin Hongsheng Co. Ltd. (Hongsheng),
Jiangyin Fasten Steel Products Co., Ltd. (Fasten Steel), Jiangyin
Hongyu Metal Products Co., Ltd. (Hongyu Metal), and Jiangyin Walsin
Steel Cable Co., Ltd. (Walsin) (Collectively, the Fasten Companies).
8.85 percent ad valorem .............
Amended Subsidy Rate
1 Petitioners are American Spring Wire Corp.,
Insteel Wire Products Company, and Sumiden Wire
Products Corp.
VerDate Mar<15>2010
15:28 Jul 06, 2010
Jkt 220001
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
38977
E:\FR\FM\07JYN1.SGM
07JYN1
9.42 percent ad valorem
38978
Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
Producer/Exporter
Original Subsidy Rate
Xinhua Metal Products Company Ltd. (Xinhua), Xinyu Iron and Steel
Joint Stock Limited Company (Xinyu), and Xingang Iron and Steel Joint
Stock Limited Liability Company (Xingang) (Collectively the Xinhua
Companies).
All Others .....................................................................................................
45.85 percent ad valorem ...........
45.85 percent ad valorem
27.35 percent ad valorem ...........
27.64 percent ad valorem
cprice-sewell on DSK8KYBLC1PROD with NOTICES
Countervailing Duty Order
On November 2, 2009, the Department
published its Preliminary Determination
and instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of subject merchandise
entered or withdrawn from warehouse,
for consumption, on or after November
2, 2009. See Pre–Stressed Concrete Steel
Wire Strand from the People’s Republic
of China: Preliminary Affirmative
Countervailing Duty Determination, 74
FR 56576 (November 2, 2009)
(Preliminary Determination). In
accordance with section 703(d) of the
Act, which states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months, the
Department terminated suspension of
liquidation effective March 2, 2010.
On June 22, 2010, in accordance with
section 705(d) of the Act, the ITC
notified the Department of its final
determination that the industry in the
United States producing PC strand is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of PC
strand from the PRC. See ITC Final
Determination Report. Therefore, in
accordance with section 706 of the Act,
the Department will direct CBP to
reinstitute suspension of liquidation
effective the date of publication of the
ITC Final Determination in the Federal
Register. See Pre–Stressed Concrete
Steel Wire Strand from China:
Determinations, 75 FR 36678 (June 28,
2010) (ITC Final Determination). The
Department will also direct CBP to
assess, upon further advice by the
Department pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
amended net countervailable subsidy
rates for the subject merchandise as
noted above.
This notice constitutes the
countervailing duty order with respect
to PC strand from the PRC, pursuant to
section 706(a) of the Act. Interested
parties may contact the Department’s
Central Records Unit, Room 1117 of the
Commerce building, for copies of an
updated list of countervailing duty
orders currently in effect.
VerDate Mar<15>2010
15:28 Jul 06, 2010
Jkt 220001
This order is issued and published in
accordance with section 706(a) of the
Act, 19 CFR 351.211(b) and 19 CFR
351.224(e).1
Dated: June 29, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–16500 Filed 7–6–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–886, A–557–813, A–549–821]
Polyethylene Retail Carrier Bags From
the People’s Republic of China,
Malaysia, and Thailand: Continuation
of Antidumping Duty Orders
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
orders on polyethylene retail carrier
bags (PRCBs) from the People’s Republic
of China (PRC), Malaysia, and Thailand
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, the Department is publishing a
notice of continuation of the
antidumping duty orders.
DATES: Effective Date: July 7, 2010.
FOR FURTHER INFORMATION CONTACT:
Dustin Ross or Minoo Hatten, AD/CVD
Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0747 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2009, the Department
initiated and the ITC instituted sunset
reviews of the antidumping duty orders
1 Petitioners are American Spring Wire Corp.,
Insteel Wire Products Company, and Sumiden Wire
Products Corp.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Amended Subsidy Rate
on PRCBs from the PRC, Malaysia, and
Thailand 1 pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). See Initiation of Five-year
(‘‘Sunset’’) Review, 74 FR 31412 (July 1,
2009); see also Polyethylene Retail
Carrier Bags From China, Malaysia, and
Thailand, 74 FR 31750 (July 2, 2009).
As a result of these sunset reviews,
the Department determined that
revocation of the antidumping duty
orders on PRCBs from the PRC,
Malaysia, and Thailand would be likely
to lead to continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margins likely to
prevail should the orders be revoked.
See Polyethylene Retail Carrier Bags
From the People’s Republic of China,
Thailand, and Malaysia: Final Results
of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 74 FR 53470
(October 19, 2009).
On June 8, 2010, pursuant to section
752(a) of the Act, the ITC determined
that revocation of the antidumping duty
orders on PRCBs from the PRC,
Malaysia, and Thailand would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time. See Polyethylene
Retail Carrier Bags From China,
Malaysia, and Thailand;
Determinations, 75 FR 36679 (June 28,
2010), and ITC Publication 4160 (June
2010) entitled Polyethylene Retail
Carrier Bags from China, Malaysia, and
Thailand: Inv. Nos. 731–TA–1043–1045
(Review).
Scopes of the Orders
The merchandise subject to the
antidumping duty orders is PRCBs
which may be referred to as t-shirt
sacks, merchandise bags, grocery bags,
or checkout bags. The subject
merchandise is defined as nonsealable
sacks and bags with handles (including
drawstrings), without zippers or integral
extruded closures, with or without
1 On August 9, 2004, the Department published
the following antidumping duty orders:
Antidumping Duty Order: Polyethylene Retail
Carrier Bags From the People’s Republic of China,
69 FR 48201 (August 9, 2004); Antidumping Duty
Order: Polyethylene Retail Carrier Bags From
Malaysia, 69 FR 48203 (August 9, 2004);
Antidumping Duty Order: Polyethylene Retail
Carrier Bags From Thailand, 69 FR 48204 (August
9, 2004).
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38977-38978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16500]
[[Page 38977]]
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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: Notice of Amended Final Affirmative Countervailing
Duty Determination and Notice of Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing a countervailing duty order on pre-stressed
concrete steel wire strand (PC strand) from the People's Republic of
China (PRC). On June 22, 2010, the ITC notified the Department of its
affirmative determination of material injury to a U.S. industry. See
Pre-Stressed Concrete Steel Wire Strand from the People's Republic of
China, USITC Pub. 4162, Inv. Nos. 701-TA-464 (Final) (June 2010) (ITC
Final Determination Report).
EFFECTIVE DATE: July 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-8362.
SUPPLEMENTARY INFORMATION:
Case History
On May 21, 2010, the Department published its final determination
in the countervailing duty investigation of PC strand from the PRC. See
Pre-Stressed Concrete Steel Wire Strand from the People's Republic of
China: Final Affirmative Countervailing Duty Determination, 75 FR 28557
(May 21, 2010) (Final Determination).
On June 22, 2010, the ITC notified the Department of its final
determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i)
of the Tariff Act of 1930, as amended (the Act), that an industry in
the United States is materially injured by reason of subsidized imports
of subject merchandise from the PRC. See ITC Final Determination.
Scope of Order
The merchandise covered by this order is PC strand. 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 order 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[shel2] standard set forth in ASTM-A-475.
The PC strand subject to this order 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 order is dispositive.
Amendment to the Final Determination
In accordance with sections 705(d) and 777(i)(1) of the Act, on May
21, 2010, the Department published its notice of final affirmative
countervailing duty determination in the countervailing duty
investigation of PC strand from the PRC. See Final Determination. On
June 19, 2010, petitioners in the investigation submitted a timely
ministerial error allegation with respect to the Final
Determination.\1\
---------------------------------------------------------------------------
\1\ Petitioners are American Spring Wire Corp., Insteel Wire
Products Company, and Sumiden Wire Products Corp.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.224(e), on June 28, 2010, the
Department issued its Ministerial Error Correction Memorandum
addressing petitioners' ministerial error allegations. See Memorandum
to, John M. Andersen, Acting Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, ``Final Determination Ministerial
Error Allegation,'' (June 28, 2010), a proprietary document of which
the public version is on file in the Central Records Unit, room 1117,
in the main Commerce building. After analyzing petitioners' ministerial
error allegation, we have determined, in accordance with 19 CFR
351.224(e), that we made a ministerial error in our calculations
performed for the final determination. As a result of correcting for
this error, the countervailing duty calculated for the 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) has changed from 8.85 percent to
9.42 percent.
Section 705(c)(5)(A) of the Act states that for companies not
investigated, an all-others rate will be determined by weight averaging
the subsidy rates established for each individually investigated
respondent. 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)(5)(A) of the Act, we
have not calculated the all-others rate by weight averaging the rates
of the Fasten Companies and the other mandatory respondent, 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), 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.
In accordance with 19 CFR 351.224 (e), we are amending the subsidy
rates of PC strand from the PRC. The revised subsidy rates are listed
in the chart below.
----------------------------------------------------------------------------------------------------------------
Producer/Exporter Original Subsidy Rate Amended Subsidy Rate
----------------------------------------------------------------------------------------------------------------
Fasten Group Corporation 8.85 percent ad valorem................. 9.42 percent ad valorem
(Fasten Corp.), Fasten
Group Import & Export Co.,
Ltd. (Fasten I&E), Jiangyin
Hongsheng Co. Ltd.
(Hongsheng), Jiangyin
Fasten Steel Products Co.,
Ltd. (Fasten Steel),
Jiangyin Hongyu Metal
Products Co., Ltd. (Hongyu
Metal), and Jiangyin Walsin
Steel Cable Co., Ltd.
(Walsin) (Collectively, the
Fasten Companies).
[[Page 38978]]
Xinhua Metal Products 45.85 percent ad valorem................ 45.85 percent ad valorem
Company Ltd. (Xinhua),
Xinyu Iron and Steel Joint
Stock Limited Company
(Xinyu), and Xingang Iron
and Steel Joint Stock
Limited Liability Company
(Xingang) (Collectively the
Xinhua Companies).
All Others.................. 27.35 percent ad valorem................ 27.64 percent ad valorem
----------------------------------------------------------------------------------------------------------------
Countervailing Duty Order
On November 2, 2009, the Department published its Preliminary
Determination and instructed U.S. Customs and Border Protection (CBP)
to suspend liquidation of all entries of subject merchandise entered or
withdrawn from warehouse, for consumption, on or after November 2,
2009. See Pre-Stressed Concrete Steel Wire Strand from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, 74 FR 56576 (November 2, 2009) (Preliminary
Determination). In accordance with section 703(d) of the Act, which
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months, the
Department terminated suspension of liquidation effective March 2,
2010.
On June 22, 2010, in accordance with section 705(d) of the Act, the
ITC notified the Department of its final determination that the
industry in the United States producing PC strand is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of PC strand from the PRC. See ITC Final
Determination Report. Therefore, in accordance with section 706 of the
Act, the Department will direct CBP to reinstitute suspension of
liquidation effective the date of publication of the ITC Final
Determination in the Federal Register. See Pre-Stressed Concrete Steel
Wire Strand from China: Determinations, 75 FR 36678 (June 28, 2010)
(ITC Final Determination). The Department will also direct CBP to
assess, upon further advice by the Department pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the amended net
countervailable subsidy rates for the subject merchandise as noted
above.
This notice constitutes the countervailing duty order with respect
to PC strand from the PRC, pursuant to section 706(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 1117 of the Commerce building, for copies of an updated list of
countervailing duty orders currently in effect.
This order is issued and published in accordance with section
706(a) of the Act, 19 CFR 351.211(b) and 19 CFR 351.224(e).\1\
---------------------------------------------------------------------------
\1\ Petitioners are American Spring Wire Corp., Insteel Wire
Products Company, and Sumiden Wire Products Corp.
Dated: June 29, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-16500 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-S