Prestressed Concrete Steel Rail Tie Wire From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75545-75547 [2013-29690]
Download as PDF
Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Notices
using IA ACCESS. An electronically
filed request must be received
successfully in its entirety by IA
Preliminary Determination 2
ACCESS by 5:00 p.m. Eastern Standard
The Department preliminarily
Time, within 30 days after the date of
determines that the following weighted- publication of this notice.5 Requests
average dumping margins exist:
should contain the party’s name,
address, and telephone number, the
Weighted- number of participants, and a list of the
average
issues to be discussed. If a request for
Exporter/manufacturer
dumping
a hearing is made, the Department
margin
(percent)
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
Aceros Camesa S.A. de C.V. .....
27.88 and Constitution Avenue NW.,
All Others ....................................
27.88
Washington, DC 20230, at a time and
date to be determined. Parties should
The ‘‘All Others’’ rate is based on the
confirm by telephone the date, time, and
weighted-average dumping margin
location of the hearing two days before
calculated for Aceros Camesa S.A. de
the scheduled date.
C.V., the only company for which the
Department calculated a rate.3
Postponement of Final Determination
and Extension of Provisional Measures
Disclosure and Public Comment
Pursuant to a request from the
We will disclose the calculations
respondent in this investigation, we are
performed to parties in this proceeding
postponing the final determination and
within five days of the date of
publication of this notice in accordance extending the provisional measures
from a four-month period to a period
with 19 CFR 351.224(b).
Case briefs or other written comments not greater than six months.
Accordingly, we will make our final
may be submitted to the Assistant
determination no later than 135 days
Secretary for Enforcement and
after the date of publication of this
Compliance no later than seven days
preliminary determination, pursuant to
after the date on which the final
section 735(a)(2) of the Act.6
verification report is issued in this
proceeding and rebuttal briefs, limited
Suspension of Liquidation
to issues raised in case briefs, may be
In accordance with section 733(d)(2)
submitted no later than five days after
of the Act, we are directing U.S.
the deadline date for case briefs.4
Customs and Border Protection (‘‘CBP’’)
Pursuant to 19 CFR 351.309(c)(2) and
to suspend liquidation of all entries of
(d)(2), parties who submit case briefs or
PC tie wire from Mexico, as described
rebuttal briefs in this proceeding are
in the scope of the investigation section
encouraged to submit with each
of this notice, which are entered, or
argument: (1) A statement of the issue;
withdrawn from warehouse, for
(2) a brief summary of the argument;
consumption on or after the date of
and (3) a table of authorities.
publication of this notice in the Federal
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a Register.
We will instruct CBP to require a cash
hearing, or to participate if one is
deposit 7 equal to the weighted-average
requested, must submit a written
amount by which the NV exceeds CEP,
request to the Assistant Secretary for
as indicated in the chart above. These
Enforcement and Compliance, U.S.
suspension of liquidation instructions
Department of Commerce. All
will remain in effect until further notice.
documents must be filed electronically
International Trade Commission
2 As explained in the memorandum from the
(‘‘ITC’’) Notification
Assistant Secretary for Enforcement and
Compliance, the Department has exercised its
In accordance with section 733(f) of
discretion to toll deadlines for the duration of the
the Act, we have notified the ITC of our
closure of the Federal Government from October 1,
through October 16, 2013. See Memorandum for the preliminary affirmative determination of
sales at LTFV. If our final determination
Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Deadlines Affected
is affirmative, the ITC will determine
by the Shutdown of the Federal Government’’
before the later of 120 days after the date
(October 18, 2013). Therefore, all deadlines in this
of this preliminary determination or 45
segment of the proceeding have been extended by
maindgalligan on DSK5TPTVN1PROD with NOTICES
Preliminary Decision Memorandum are
identical in content.
16 days. If the new deadline falls on a non-business
day, in accordance with the Department’s practice,
the deadline will become the next business day.
The revised deadline for the preliminary
determination in this investigation is now
December 5, 2013.
3 See section 735(c)(5)(A) of the Act.
4 See 19 CFR 351.309.
VerDate Mar<15>2010
18:28 Dec 11, 2013
Jkt 232001
5 See
19 CFR 351.310(c).
also 19 CFR 351.210(e).
7 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).
6 See
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
75545
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 5, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Differential Pricing Analysis
2. Results of the Differential Pricing Analysis
3. Fair Value Comparisons
4. Product Comparisons
5. Constructed Export Price
6. Normal Value
a. Home Market Viability
b. Level of Trade
c. Calculation of Normal Value Based on
Constructed Value
7. Currency Conversion
8. Verification
[FR Doc. 2013–29693 Filed 12–11–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–990]
Prestressed Concrete Steel Rail Tie
Wire From the People’s Republic of
China: Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that prestressed concrete
steel rail tie wire (‘‘PC tie wire’’) from
the People’s Republic of China (‘‘PRC’’)
is being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). The period of investigation
(‘‘POI’’) is October 1, 2012, through
March 31, 2013. The weighted-average
dumping margins are shown in the
‘‘Preliminary Determination’’ section of
this notice. The final determination will
be issued 135 days after the publication
date of this preliminary determination
in the Federal Register.
DATES: Effective Date: December 12,
2013.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Stephanie Arthur, AD/
CVD Operations, Office II, Enforcement
AGENCY:
E:\FR\FM\12DEN1.SGM
12DEN1
75546
Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Notices
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1766 and (202)
482–2181, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this
investigation is high carbon steel wire;
stress relieved or low relaxation;
indented or otherwise deformed;
meeting at a minimum the physical,
mechanical, and chemical requirements
of the American Society of Testing
Materials (‘‘ASTM’’) A881/A881M
specification; regardless of shape, size
or alloy element levels; suitable for use
as prestressed tendons in concrete
railroad ties (‘‘PC tie wire’’). High
carbon steel is defined as steel that
contains 0.6 percent or more of carbon
by weight.
PC tie wire is classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
7217.10.8045, but may also be classified
under subheadings 7217.10.7000,
7217.10.8025, 7217.10.8030,
7217.10.8090, 7217.10.9000,
7229.90.1000, 7229.90.5016,
7229.90.5031, 7229.90.5051,
7229.90.9000, and 7312.10.3012.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the investigation is
dispositive.1
Methodology
The Department has conducted this
antidumping duty investigation in
accordance with section 731 of the Act.
Export prices (‘‘EPs’’) have been
calculated in accordance with section
772 of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
normal value has been calculated in
accordance with section 773(c) of the
Act. Specifically, unless specified
otherwise, the factors of production
(‘‘FOPs’’) for the respondent, Silvery
Dragon Group Technology and Trading
Co., Ltd. Tianjin (‘‘Silvery Dragon
Tech’’) have been valued using data
from the primary surrogate country,
Thailand, a country comparable
economically to the PRC and a
significant producer of comparable
merchandise.
For a full description of the
methodology underlying our
conclusions, see ‘‘Decision
Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Prestressed Concrete
Steel Rail Tie Wire from the People’s
Republic of China,’’ from Christian
Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Enforcement and
Compliance, dated concurrently with
this notice (‘‘Preliminary Decision
Memorandum’’) and hereby adopted by
this notice. The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.2 This
practice is described in Policy Bulletin
05.1.3
Preliminary Determination 4
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Silvery Dragon Group Technology and Trading Co., Ltd. Tianjin
PRC-wide Entity* ...........................................................................
Silvery Dragon Prestressed Materials Co., Ltd. Tianjin ..............
.................................................................................................
14.64
18.02
* The PRC-wide entity includes Wuxi Jinyang Metal Products Co., Ltd. and Shanxi New-Mile International Trade Co., Ltd.
Disclosure and Public Comment
maindgalligan on DSK5TPTVN1PROD with NOTICES
The Department intends to disclose
calculations performed for this
preliminary determination to the parties
within five days after the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Case briefs or
other written comments may be
submitted to the Assistant Secretary for
Enforcement and Compliance via IA
ACCESS no later than seven days after
the date on which the verification report
is issued in this proceeding, and
rebuttal briefs, limited to issues raised
in case briefs, must be submitted via IA
ACCESS no later than five days after the
deadline for filing case briefs.5 Pursuant
to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1)A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
1 Since the initiation of this investigation, based
on interested party comments, we modified the
scope to add language to, and clarify the meaning
of, the phrase ‘‘meeting at a minimum the American
Society for Testing Materials (‘‘ASTM’’) A881/
A881M specification,’’ and to include two
additional HTSUS numbers. For further discussion,
see the memorandum entitled ‘‘Scope Modification
Requests,’’ dated concurrently with this
determination.
2 See Prestressed Concrete Steel Rail Tie Wire
From Mexico, The People’s Republic of China, and
Thailand: Initiation of Antidumping Duty
Investigations, 78 FR 29325, 29330 (May 20, 2013)
(‘‘Initiation Notice’’).
3 See Policy Bulletin No. 05.1, regarding
‘‘Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations
involving Non-Market Economy Countries’’ (April
5, 2005) (‘‘Policy Bulletin 05.1’’), available at
https://enforcement.trade.gov/policy/bull05-1.pdf.
4 As explained in the memorandum from the
Assistant Secretary for Enforcement and
Compliance, the Department has exercised its
discretion to toll deadlines for the duration of the
closure of the Federal Government from October 1,
through October 16, 2013. See Memorandum for the
Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Deadlines Affected
by the Shutdown of the Federal Government’’
(October 18, 2013). Therefore, all deadlines in this
segment of the proceeding have been extended by
16 days. If the new deadline falls on a non-business
day, in accordance with the Department’s practice,
the deadline will become the next business day.
The revised deadline for the preliminary
determination in this investigation is now
December 5, 2013.
5 See 19 CFR 351.309.
VerDate Mar<15>2010
18:30 Dec 11, 2013
Jkt 232001
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Notices
hearing, or to participate in a hearing if
one is requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance. An
electronically filed request must be
received successfully in its entirety by
IA ACCESS by 5:00 p.m. Eastern
Standard Time, within 30 days after the
date of publication of this notice.6
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants
in the hearing; and (3) a list of the issues
to be discussed at the hearing. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time
and date to be determined.7 Parties
should confirm by telephone the date,
time, and location of the hearing, two
days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from the
respondent in this investigation, we are
postponing the final determination and
extending the provisional measures
from a four-month period to a period
not greater than six months.
Accordingly, we will issue our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.8
maindgalligan on DSK5TPTVN1PROD with NOTICES
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we are directing U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
PC tie wire from the PRC, as described
in the scope of the investigation section
of this notice, which are entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
We will instruct CBP to require a cash
deposit 9 equal to the weighted-average
amount by which the NV exceeds EP, as
indicated in the chart above. These
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
6 See
also 19 CFR 351.310(c).
7 See id.
8 See also 19 CFR 351.210(b)(2) and (e).
9 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).
VerDate Mar<15>2010
16:45 Dec 11, 2013
Jkt 232001
preliminary affirmative determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 5, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Respondent Selection
2. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Separate Rates
d. Application of Facts Available and
Adverse Inferences
e. Date of Sale
f. Fair Value Comparisons
g. Factor Valuation Methodology
h. Currency Conversion
3. Verification
[FR Doc. 2013–29690 Filed 12–11–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–829]
Prestressed Concrete Steel Rail Tie
Wire From Thailand: Preliminary
Determination of Sales at Not Less
Than Fair Value and Postponement of
Final Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that prestressed concrete
steel rail tire wire (‘‘PC tie wire’’) from
Thailand is not being, or likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733(b) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation (‘‘POI’’) is April 1, 2012,
through March 31, 2013. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. The final determination will
be issued 135 days after publication of
this preliminary determination in the
Federal Register.
AGENCY:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
DATES:
75547
Effective Date: December 12,
2013.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson or Terre Keaton
Stefanova, 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)
482–4929 or (202) 482–1280,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this
investigation is high carbon steel wire;
stress relieved or low relaxation;
indented or otherwise deformed;
meeting at a minimum the physical,
mechanical, and chemical requirements
of the American Society of Testing
Materials (‘‘ASTM’’) A881/A881M
specification; regardless of shape, size
or alloy element levels; suitable for use
as prestressed tendons in concrete
railroad ties (‘‘PC tie wire’’). High
carbon steel is defined as steel that
contains 0.6 percent or more of carbon
by weight.
PC tie wire is classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
7217.10.8045, but may also be classified
under subheadings 7217.10.7000,
7217.10.8025, 7217.10.8030,
7217.10.8090, 7217.10.9000,
7229.90.1000, 7229.90.5016,
7229.90.5031, 7229.90.5051,
7229.90.9000, and 7312.10.3012.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the investigation is
dispositive.1
Methodology
The Department has conducted this
investigation in accordance with section
731 of the Act. Constructed export
prices (‘‘CEPs’’) have been calculated in
accordance with section 772 of the Act.
Normal value (‘‘NV’’) has been
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the ‘‘Decision
Memorandum for the Preliminary
1 Since the initiation of this investigation, based
on interested party comments, we modified the
scope to add language to and clarify the meaning
of the phrase ‘‘meeting at a minimum the American
Society for Testing Materials (‘‘ASTM’’) A881/
A881M specification;’’ and to include two
additional HTSUS numbers. For further discussion,
see the memorandum entitled ‘‘Scope Modification
Requests,’’ dated concurrently with this
determination.
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75545-75547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29690]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-990]
Prestressed Concrete Steel Rail Tie Wire From the People's
Republic of China: Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that prestressed concrete steel rail tie wire (``PC tie
wire'') from the People's Republic of China (``PRC'') is being, or is
likely to be, sold in the United States at less than fair value
(``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as
amended (``the Act''). The period of investigation (``POI'') is October
1, 2012, through March 31, 2013. The weighted-average dumping margins
are shown in the ``Preliminary Determination'' section of this notice.
The final determination will be issued 135 days after the publication
date of this preliminary determination in the Federal Register.
DATES: Effective Date: December 12, 2013.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Stephanie Arthur, AD/
CVD Operations, Office II, Enforcement
[[Page 75546]]
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-1766 and (202) 482-2181, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this investigation is high carbon steel
wire; stress relieved or low relaxation; indented or otherwise
deformed; meeting at a minimum the physical, mechanical, and chemical
requirements of the American Society of Testing Materials (``ASTM'')
A881/A881M specification; regardless of shape, size or alloy element
levels; suitable for use as prestressed tendons in concrete railroad
ties (``PC tie wire''). High carbon steel is defined as steel that
contains 0.6 percent or more of carbon by weight.
PC tie wire is classified under the Harmonized Tariff Schedule of
the United States (``HTSUS'') subheading 7217.10.8045, but may also be
classified under subheadings 7217.10.7000, 7217.10.8025, 7217.10.8030,
7217.10.8090, 7217.10.9000, 7229.90.1000, 7229.90.5016, 7229.90.5031,
7229.90.5051, 7229.90.9000, and 7312.10.3012. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigation is
dispositive.\1\
---------------------------------------------------------------------------
\1\ Since the initiation of this investigation, based on
interested party comments, we modified the scope to add language to,
and clarify the meaning of, the phrase ``meeting at a minimum the
American Society for Testing Materials (``ASTM'') A881/A881M
specification,'' and to include two additional HTSUS numbers. For
further discussion, see the memorandum entitled ``Scope Modification
Requests,'' dated concurrently with this determination.
---------------------------------------------------------------------------
Methodology
The Department has conducted this antidumping duty investigation in
accordance with section 731 of the Act. Export prices (``EPs'') have
been calculated in accordance with section 772 of the Act. Because the
PRC is a non-market economy within the meaning of section 771(18) of
the Act, normal value has been calculated in accordance with section
773(c) of the Act. Specifically, unless specified otherwise, the
factors of production (``FOPs'') for the respondent, Silvery Dragon
Group Technology and Trading Co., Ltd. Tianjin (``Silvery Dragon
Tech'') have been valued using data from the primary surrogate country,
Thailand, a country comparable economically to the PRC and a
significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Prestressed
Concrete Steel Rail Tie Wire from the People's Republic of China,''
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, dated concurrently with this notice
(``Preliminary Decision Memorandum'') and hereby adopted by this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\2\ This practice is described in
Policy Bulletin 05.1.\3\
---------------------------------------------------------------------------
\2\ See Prestressed Concrete Steel Rail Tie Wire From Mexico,
The People's Republic of China, and Thailand: Initiation of
Antidumping Duty Investigations, 78 FR 29325, 29330 (May 20, 2013)
(``Initiation Notice'').
\3\ See Policy Bulletin No. 05.1, regarding ``Separate-Rates
Practice and Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy Countries'' (April 5,
2005) (``Policy Bulletin 05.1''), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination \4\
---------------------------------------------------------------------------
\4\ As explained in the memorandum from the Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from October 1, through October 16, 2013. See
Memorandum for the Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (October 18, 2013). Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the preliminary determination
in this investigation is now December 5, 2013.
---------------------------------------------------------------------------
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Silvery Dragon Group Technology Silvery Dragon 14.64
and Trading Co., Ltd. Tianjin. Prestressed Materials
Co., Ltd. Tianjin.
PRC-wide Entity*................. ........................ 18.02
------------------------------------------------------------------------
* The PRC-wide entity includes Wuxi Jinyang Metal Products Co., Ltd. and
Shanxi New-Mile International Trade Co., Ltd.
Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b). Case briefs or other written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance via IA ACCESS no
later than seven days after the date on which the verification report
is issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, must be submitted via IA ACCESS no later than
five days after the deadline for filing case briefs.\5\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1)A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 75547]]
hearing, or to participate in a hearing if one is requested, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance. An electronically filed request must be received
successfully in its entirety by IA ACCESS by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of publication of this notice.\6\
Hearing requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants in the hearing; and
(3) a list of the issues to be discussed at the hearing. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined.\7\
Parties should confirm by telephone the date, time, and location of the
hearing, two days before the scheduled date.
---------------------------------------------------------------------------
\6\ See also 19 CFR 351.310(c).
\7\ See id.
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to a request from the respondent in this investigation, we
are postponing the final determination and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, we will issue our final determination no later
than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.\8\
---------------------------------------------------------------------------
\8\ See also 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of PC tie wire from the PRC, as described in the scope of
the investigation section of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
We will instruct CBP to require a cash deposit \9\ equal to the
weighted-average amount by which the NV exceeds EP, as indicated in the
chart above. These suspension of liquidation instructions will remain
in effect until further notice.
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary affirmative determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 5, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Respondent Selection
2. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Separate Rates
d. Application of Facts Available and Adverse Inferences
e. Date of Sale
f. Fair Value Comparisons
g. Factor Valuation Methodology
h. Currency Conversion
3. Verification
[FR Doc. 2013-29690 Filed 12-11-13; 8:45 am]
BILLING CODE 3510-DS-P