Prestressed Concrete Steel Rail Tie Wire From Thailand: Preliminary Determination of Sales at Not Less Than Fair Value and Postponement of Final Determination, 75547-75548 [2013-29692]

Download as PDF 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PC tie wire from the PRC, as described in the scope of the investigation section of this notice, which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register.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 75548 Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Notices Determination in the Antidumping Duty Investigation of Prestressed Concrete Steel Rail Tie Wire from Thailand, from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this determination and hereby adopted by this notice (‘‘Preliminary Decision Memorandum’’). The Preliminary Decision Memorandum is a public document and is made available to the public 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 Department’s Central Records Unit, located at room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.2 Preliminary Determination The Department preliminarily determines that the following weightedaverage dumping margins exist: Exporter/manufacturer Weighted-average dumping margin The Siam Industrial Wire Co., Ltd. All Others .................. 0.07% (de minimis). 0.07% (de minimis). The ‘‘All Others’’ rate is based on the weighted-average dumping margin calculated for The Siam Industrial Wire Co., Ltd., the only company for which the Department calculated a rate.3 maindgalligan on DSK5TPTVN1PROD with NOTICES Suspension of Liquidation Because the estimated weightedaverage dumping margin for the examined company is de minimis, we are not directing U.S. Customs and 2 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. 3 See section 735(c)(5)(A) of the Act. VerDate Mar<15>2010 16:45 Dec 11, 2013 Jkt 232001 Border Protection to suspend liquidation of entries of PC tie wire from Thailand. Disclosure and Public Comment We will disclose the calculations performed to parties in this proceeding within five days of 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 no later than seven days after the date on which the final verification report is issued in this proceeding and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.4 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 hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using IA ACCESS. 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.5 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination Pursuant to a request from the petitioners in this investigation, we are postponing the final determination. Accordingly, we will make 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.6 4 See 19 CFR 351.309. 19 CFR 351.310(c). 6 See also 19 CFR 351.210(e). 5 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 International Trade Commission (‘‘ITC’’) Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary negative 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. Differential Pricing Analysis 2. Results of the Differential Pricing Analysis 3. Fair Value Comparisons 4. Product Comparisons 5. Date of Sale 6. Constructed Export Price 7. Normal Value a. Comparison Market Viability b. Level of Trade c. Calculation of Normal Value Based on Constructed Value 8. Currency Conversion 9. Verification [FR Doc. 2013–29692 Filed 12–11–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Estuarine Research Reserve System Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce ACTION: Notice of Approval of the Wells, Maine National Estuarine Research Reserve Management Plan revision. AGENCY: Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce approves the Wells, Maine National Estuarine Research Reserve Management Plan revision. The revised management plan outlines the administrative structure; the research, SUMMARY: E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75547-75548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29692]


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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

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 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.

DATES: 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\
---------------------------------------------------------------------------

    \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 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

[[Page 75548]]

Determination in the Antidumping Duty Investigation of Prestressed 
Concrete Steel Rail Tie Wire from Thailand, from Christian Marsh, 
Deputy Assistant Secretary for Enforcement and Compliance, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, dated 
concurrently with this determination and hereby adopted by this notice 
(``Preliminary Decision Memorandum''). The Preliminary Decision 
Memorandum is a public document and is made available to the public 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 Department's Central Records Unit, 
located at room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.\2\
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                              Weighted-average dumping
           Exporter/manufacturer                       margin
------------------------------------------------------------------------
The Siam Industrial Wire Co., Ltd.........  0.07% (de minimis).
All Others................................  0.07% (de minimis).
------------------------------------------------------------------------

    The ``All Others'' rate is based on the weighted-average dumping 
margin calculated for The Siam Industrial Wire Co., Ltd., the only 
company for which the Department calculated a rate.\3\
---------------------------------------------------------------------------

    \3\ See section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

Suspension of Liquidation

    Because the estimated weighted-average dumping margin for the 
examined company is de minimis, we are not directing U.S. Customs and 
Border Protection to suspend liquidation of entries of PC tie wire from 
Thailand.

Disclosure and Public Comment

    We will disclose the calculations performed to parties in this 
proceeding within five days of 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 no later than seven 
days after the date on which the final verification report is issued in 
this proceeding and rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\4\ 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.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using IA ACCESS. 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.\5\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. 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. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Postponement of Final Determination

    Pursuant to a request from the petitioners in this investigation, 
we are postponing the final determination. Accordingly, we will make 
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.\6\
---------------------------------------------------------------------------

    \6\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our preliminary negative 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. Differential Pricing Analysis
2. Results of the Differential Pricing Analysis
3. Fair Value Comparisons
4. Product Comparisons
5. Date of Sale
6. Constructed Export Price
7. Normal Value
    a. Comparison Market Viability
    b. Level of Trade
    c. Calculation of Normal Value Based on Constructed Value
8. Currency Conversion
9. Verification

[FR Doc. 2013-29692 Filed 12-11-13; 8:45 am]
BILLING CODE 3510-DS-P