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]

Download as PDF 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