Final Determination of Sales at Less Than Fair Value: Prestressed Concrete Steel Rail Tie Wire From the People's Republic of China, 25572-25574 [2014-10240]
Download as PDF
25572
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Verification
As provided in section 782(i) of the
Act, in December 2013 and January
2014, we verified the sales and cost
information submitted by Camesa for
use in our final determination. We used
standard verification procedures
including an examination of relevant
accounting and production records, and
original source documents provided by
Camesa.5
Continuation of Suspension of
Liquidation
Pursuant to 735(c)(1)(B) of the Act, we
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of subject
merchandise from Mexico, entered, or
withdrawn from warehouse, for
consumption on or after December 12,
2013, the date of publication of the
preliminary determination in the
Federal Register. CBP shall require a
cash deposit equal to the estimated
amount by which the normal value
exceeds the U.S. price as shown below.
These instructions suspending
liquidation will remain in effect until
further notice.
Final Determination Margins
emcdonald on DSK67QTVN1PROD with NOTICES
The weighted-average dumping
margins are as follows:
5 See Memorandum to the File, ‘‘Verification of
the Sales Response of WireCo World Group Inc.
(WireCo) in the Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wire from
Mexico’’ (February 14, 2014); Memorandum to the
File, ‘‘Verification of the Sales Response of Aceros
Camesa, SA. De C.V. (Camesa) in the Antidumping
Duty Investigation of Prestressed Concrete Steel
Rail Tie Wire from Mexico’’ (February 14, 2014);
and Memorandum to the File, ‘‘Verification of the
Cost Response of Aceros Camesa S.A. de C.V. in the
Less-Than-Fair-Value Investigation of Prestressed
Concrete Steel Rail Tie Wire from Thailand’’
(February 18, 2014).
6 See section 735(c)(5)(A) of the Act.
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17:56 May 02, 2014
Jkt 232001
Exporter/manufacturer
Aceros Camesa S.A. de C.V ....
All Others ..................................
Weightedaverage
dumping
margin
(percent)
9.99
9.99
The ‘‘All Others’’ rate is based on the
weighted-average dumping margin calculated
for Camesa, the only company individually examined and for which the Department calculated a rate.6
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
ITC Notification
In accordance with section 735(d) of
the Act, we notified the U.S.
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, the ITC
will determine within 45 days whether
imports of the subject merchandise are
causing material injury, or threat of
material injury, to an industry in the
United States. If the ITC determines that
material injury or threat of material
injury does not exist, the proceeding
will be terminated and all securities
posted will be refunded or canceled. If
the ITC determines that such injury
does exist, the Department will issue an
antidumping duty order directing CBP
to assess antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Dated: April 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Margin Calculations
VI. Discussion of the Issues
1. Calculation of the Constructed Export
Price (CEP) Profit Ratio
2. Calculation of the Constructed Value
(CV) Selling Expense Ratio
3. Treatment of Certain Salary Expenses
4. Preliminary Determination Unreconciled
Difference
5. Cost Verification Findings
6. General and Administrative (G&A)
Offsets
7. CV Profit
[FR Doc. 2014–10241 Filed 5–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–990]
Final Determination of Sales at Less
Than Fair Value: Prestressed Concrete
Steel Rail Tie Wire From the People’s
Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 5, 2014.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of prestressed concrete steel rail
tie wire (PC tie wire) from the People’s
Republic of China (PRC) are being, or
likely to be, sold in the United States at
less than fair value (LTFV), as provided
in section 735 of the Tariff Act of 1930,
as amended (the Act). The final
weighted-average dumping margins for
this investigation are listed in the ‘‘Final
Determination Margins’’ section below.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Stephanie Arthur, 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) 482–1766 or (202) 482–
2181.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the
preliminary determination in the LTFV
investigation of PC tie wire from the
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25573
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices
PRC on December 12, 2013.1 The
following events occurred since the
preliminary determination was issued.
Between January 8 and 14, 2014, the
Department conducted verification of
the mandatory respondent Silvery
Dragon Group Technology and Trading
Co., Ltd. Tianjin and its affiliated
producers, Silvery Dragon Prestressed
Materials Co., Ltd. Tianjin and Silvery
Dragon Prestressed Materials Co., Ltd.
Tianjin—Hejian Branch (collectively
‘‘Silvery Dragon’’).2 On March 18, 2014,
the petitioners3 withdrew their January
3, 2014, request for a hearing.4 As no
other party in this proceeding requested
a hearing, no hearing was held. On
March 21, 2014, Silvery Dragon and the
petitioners submitted case briefs.5 On
March 28, 2014, both interested parties
submitted rebuttal briefs.6
Period of Investigation
The period of investigation (POI) is
October 1, 2012, through March 31,
2013. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
which was April 2013.7
Scope of the Investigation
The product covered by the scope of
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.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the Issues
and Decision Memorandum.8 A list of
the issues which the parties raised and
to which the Department responded in
the Issues and Decision Memorandum is
attached to this notice as an Appendix.
The Issues and 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 it
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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary
Determination
Based on the Department’s analysis of
the comments received and our findings
at verification, we made certain changes
to the margin calculations. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Verification
As provided in section 782(i) of the
Act and 19 CFR 351.307(b)(1)(i), in
January 2014, the Department verified
the information submitted by Silvery
Dragon for use in the final
determination. The Department used
standard verification procedures,
including examination of relevant
accounting and production records and
original source documents provided by
Silvery Dragon.9
Final Determination Margins
The Department determines that the
following weighted-average dumping
margins exist for the period October 1,
2012, through March 31, 2013.
Weighted-average
dumping margin
(percent)
Exporter
Producer
Silvery Dragon Group Technology and Trading Co., Ltd. Tianjin ................
Silvery Dragon Prestressed Materials Co.,
Ltd. Tianjin.
..........................................................................
emcdonald on DSK67QTVN1PROD with NOTICES
PRC-wide Entity 10 ........................................................................................
1 See 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, 78 FR 75545
(December 12, 2013) (Preliminary Determination).
2 See the ‘‘Verification’’ section below.
3 The petitioners are Davis Wire Corporation and
Insteel Wire Products Company.
4 See Letter from the petitioners to the Secretary
of Commerce, ‘‘Investigation of Prestressed
Concrete Steel Rail Tie Wire from the People’s
Republic of China—Request for Rebuttal Brief
Extension and Withdrawal of Hearing Request,’’
dated March 18, 2014.
5 See Letter from Silvery Dragon to the Secretary
of Commerce, ‘‘Silvery Dragon Case Brief:
Antidumping Duty Investigation of Prestressed
Concrete Steel Rail Tie Wire from the People’s
Republic of China,’’ dated March 21, 2014; see also
Letter from the Petitioners to the Secretary of
VerDate Mar<15>2010
17:56 May 02, 2014
Jkt 232001
Commerce, ‘‘Investigation of Prestressed Concrete
Steel Rail Tie Wire from the People’s Republic of
China: Petitioners’ Case Brief,’’ dated March 21,
2014.
6 See Letter from Silvery Dragon to the Secretary
of Commerce, ‘‘Silvery Dragon Rebuttal Case Brief:
Antidumping Duty Investigation of Prestressed
Concrete Steel Rail Tie Wire from the People’s
Republic of China,’’ dated March 28, 2014; see also
Letter from the Petitioners to the Secretary of
Commerce, ‘‘Investigation of Prestressed Concrete
Steel Rail Tie Wire from the People’s Republic of
China: Petitioners’ Rebuttal Case Brief,’’ dated
March 28, 2014.
7 See 19 CFR 351.204(b)(1).
8 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Prestressed Concrete Steel Rail Tie
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
31.40
35.31
Wire from the People’s Republic of China: Issues
and Decision Memorandum for the Final
Determination of Sales at Less Than Fair Value,’’
dated concurrently with this notice (Issues and
Decision Memorandum).
9 See Memorandum to the File through James
Maeder, Office Director, AD/CVD Operations, Office
2 and Irene Darzenta Tzafolias, Program Manager,
AD/CVD Operations, Office 2, from Brian Smith,
Senior International Trade Analyst, AD/CVD
Operations, Office 2 and Stephanie Arthur, Senior
Accountant, Office of Accounting, ‘‘Verification of
the Sales and Factors Response of Silvery Dragon
Group Technology and Trading Co., Ltd., Silvery
Dragon Prestressed Materials Co., Ltd. Tianjin, and
Silvery Dragon Prestressed Materials Co., Ltd.
Tianjin—Hejian Branch in the Antidumping Duty
Investigation of Prestressed Concrete Steel Rail Tie
Wire from the People’s Republic of China (PRC),’’
dated March 13, 2014 (Verification Report).
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05MYN1
25574
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices
Disclosure
We intend to disclose to parties the
calculations performed in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
PC tie wire from the PRC as described
in the ‘‘Scope of the Investigation’’
section, which were entered, or
withdrawn from warehouse, for
consumption on or after December 12,
2013, the date of publication of the
Preliminary Determination in the
Federal Register. Further, the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which the normal
value exceeds U.S. price as follows: (1)
For the exporter/producer combination
listed in the table above, the cash
deposit rate will be equal to the
dumping margin which the Department
determined in this final determination;
(2) for all combinations of PRC
exporters/producers of merchandise
under consideration which have not
received their own separate rate above,
the cash deposit rate will be equal to the
dumping margin established for the
PRC-wide entity; and (3) for all non-PRC
exporters of merchandise under
consideration which have not received
their own separate rate above, the cash
deposit rate will be equal to the cash
deposit rate applicable to the PRC
exporter/producer combination that
supplied that non-PRC exporter. These
suspension-of-liquidation instructions
will remain in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
ITC Notification
In accordance with section 735(d) of
the Act, we notified the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. As the Department’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
10 The PRC-wide entity includes Wuxi Jinyang
Metal Products Co., Ltd. and Shanxi New-Mile
International Trade Co., Ltd. Each of these entities
withheld necessary information within the meaning
of section 776(a) of the Tariff Act of 1930, as
amended (the Act), and failed to act to the best of
its ability to comply with the Department’s requests
for information within the meaning of section
776(b) of the Act. Therefore, we applied adverse
facts available, determining that these entities were
part of the PRC-wide entity. See Issues and Decision
Memorandum for further discussion.
VerDate Mar<15>2010
17:56 May 02, 2014
Jkt 232001
the United States is materially injured,
or threatened with material injury, by
reason of imports of subject
merchandise, or sales (or the likelihood
of sales) for importation, of the subject
merchandise. If the ITC determines that
such injury does not exist, this
proceeding with be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess, upon further
instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice also serves as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation,
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Dated: April 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues
1. Value Added Tax
2. Withdrawal of Targeted Dumping
Regulation and Application of
Differential Pricing Analysis
3. Inclusion of Brokerage and Handling
Expenses in the Calculation of Input
Surrogate Values
4. Truck Freight Surrogate Value
5. Weight Adjustment Made to the
Brokerage and Handling Surrogate Value
6. Marine Insurance Surrogate Value
7. Polypropylene Fabric Surrogate Value
8. Electricity Surrogate Value
9. Electricity Consumption Factor
Adjustment
10. Treatment of Social Security/
Workman’s Compensation in Surrogate
Financial Ratio Calculations
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
11. Treatment of Transportation Expenses
in Surrogate Financial Ratio Calculations
[FR Doc. 2014–10240 Filed 5–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–829]
Final Determination of Sales at Not
Less Than Fair Value: Prestressed
Concrete Steel Rail Tie Wire From
Thailand
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of prestressed concrete steel rail
tie wire (PC tie wire) from Thailand are
not being, nor are likely to be, sold in
the United States at less than fair value,
as provided in section 735 of the Tariff
Act of 1930, as amended (the Act). The
final weighted-average dumping margin
is listed below in the section entitled
‘‘Final Determination Margins.’’
DATES: Effective Date: May 5, 2014.
FOR FURTHER INFORMATION CONTACT: Kate
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:
AGENCY:
Background
On December 12, 2013, the
Department published in the Federal
Register the preliminary determination
of sales at not less than fair value in the
antidumping duty investigation of PC
tie wire from Thailand.1 The following
events occurred since the preliminary
determination was issued.
We issued supplemental sales and
cost questionnaires to The Siam
Industrial Wire Co., Ltd. (SIW) and
received responses to these
supplemental questionnaires in
December 2013. Also, in December
2013, SIW submitted revised sales and
cost databases pursuant to the
Department’s requests.
On December 15, 2013, we received
an allegation from the petitioners that
the Department made a ministerial error
1 See Prestressed Concrete Steel Rail Tie Wire
from Thailand: Preliminary Determination of Sales
at Not Less Than Fair Value and Postponement of
Final Determination, 78 FR 75547 (December 12,
2013) (Preliminary Determination).
E:\FR\FM\05MYN1.SGM
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Agencies
[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25572-25574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10240]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-990]
Final Determination of Sales at Less Than Fair Value: Prestressed
Concrete Steel Rail Tie Wire From the People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 5, 2014.
SUMMARY: The Department of Commerce (the Department) determines that
imports of prestressed concrete steel rail tie wire (PC tie wire) from
the People's Republic of China (PRC) are being, or likely to be, sold
in the United States at less than fair value (LTFV), as provided in
section 735 of the Tariff Act of 1930, as amended (the Act). The final
weighted-average dumping margins for this investigation are listed in
the ``Final Determination Margins'' section below.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Stephanie Arthur, 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-
1766 or (202) 482-2181.
SUPPLEMENTARY INFORMATION:
Background
The Department published the preliminary determination in the LTFV
investigation of PC tie wire from the
[[Page 25573]]
PRC on December 12, 2013.\1\ The following events occurred since the
preliminary determination was issued. Between January 8 and 14, 2014,
the Department conducted verification of the mandatory respondent
Silvery Dragon Group Technology and Trading Co., Ltd. Tianjin and its
affiliated producers, Silvery Dragon Prestressed Materials Co., Ltd.
Tianjin and Silvery Dragon Prestressed Materials Co., Ltd. Tianjin--
Hejian Branch (collectively ``Silvery Dragon'').\2\ On March 18, 2014,
the petitioners\3\ withdrew their January 3, 2014, request for a
hearing.\4\ As no other party in this proceeding requested a hearing,
no hearing was held. On March 21, 2014, Silvery Dragon and the
petitioners submitted case briefs.\5\ On March 28, 2014, both
interested parties submitted rebuttal briefs.\6\
---------------------------------------------------------------------------
\1\ See 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, 78 FR
75545 (December 12, 2013) (Preliminary Determination).
\2\ See the ``Verification'' section below.
\3\ The petitioners are Davis Wire Corporation and Insteel Wire
Products Company.
\4\ See Letter from the petitioners to the Secretary of
Commerce, ``Investigation of Prestressed Concrete Steel Rail Tie
Wire from the People's Republic of China--Request for Rebuttal Brief
Extension and Withdrawal of Hearing Request,'' dated March 18, 2014.
\5\ See Letter from Silvery Dragon to the Secretary of Commerce,
``Silvery Dragon Case Brief: Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wire from the People's Republic
of China,'' dated March 21, 2014; see also Letter from the
Petitioners to the Secretary of Commerce, ``Investigation of
Prestressed Concrete Steel Rail Tie Wire from the People's Republic
of China: Petitioners' Case Brief,'' dated March 21, 2014.
\6\ See Letter from Silvery Dragon to the Secretary of Commerce,
``Silvery Dragon Rebuttal Case Brief: Antidumping Duty Investigation
of Prestressed Concrete Steel Rail Tie Wire from the People's
Republic of China,'' dated March 28, 2014; see also Letter from the
Petitioners to the Secretary of Commerce, ``Investigation of
Prestressed Concrete Steel Rail Tie Wire from the People's Republic
of China: Petitioners' Rebuttal Case Brief,'' dated March 28, 2014.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is October 1, 2012, through March
31, 2013. This period corresponds to the two most recent fiscal
quarters prior to the month of the filing of the petition, which was
April 2013.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by the scope of 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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the Issues and Decision
Memorandum.\8\ A list of the issues which the parties raised and to
which the Department responded in the Issues and Decision Memorandum is
attached to this notice as an Appendix. The Issues and 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 it 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 Issues and Decision Memorandum can be accessed directly at
https://enforcement.trade.gov/frn/. The signed and electronic versions
of the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\8\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Prestressed Concrete Steel Rail Tie Wire from the People's
Republic of China: Issues and Decision Memorandum for the Final
Determination of Sales at Less Than Fair Value,'' dated concurrently
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on the Department's analysis of the comments received and our
findings at verification, we made certain changes to the margin
calculations. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
Verification
As provided in section 782(i) of the Act and 19 CFR
351.307(b)(1)(i), in January 2014, the Department verified the
information submitted by Silvery Dragon for use in the final
determination. The Department used standard verification procedures,
including examination of relevant accounting and production records and
original source documents provided by Silvery Dragon.\9\
---------------------------------------------------------------------------
\9\ See Memorandum to the File through James Maeder, Office
Director, AD/CVD Operations, Office 2 and Irene Darzenta Tzafolias,
Program Manager, AD/CVD Operations, Office 2, from Brian Smith,
Senior International Trade Analyst, AD/CVD Operations, Office 2 and
Stephanie Arthur, Senior Accountant, Office of Accounting,
``Verification of the Sales and Factors Response of Silvery Dragon
Group Technology and Trading Co., Ltd., Silvery Dragon Prestressed
Materials Co., Ltd. Tianjin, and Silvery Dragon Prestressed
Materials Co., Ltd. Tianjin--Hejian Branch in the Antidumping Duty
Investigation of Prestressed Concrete Steel Rail Tie Wire from the
People's Republic of China (PRC),'' dated March 13, 2014
(Verification Report).
---------------------------------------------------------------------------
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period October 1, 2012, through March 31,
2013.
------------------------------------------------------------------------
Weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Silvery Dragon Group Technology Silvery Dragon 31.40
and Trading Co., Ltd. Tianjin. Prestressed
Materials Co.,
Ltd. Tianjin.
PRC-wide Entity \10\............ .................. 35.31
------------------------------------------------------------------------
[[Page 25574]]
Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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\10\ The PRC-wide entity includes Wuxi Jinyang Metal Products
Co., Ltd. and Shanxi New-Mile International Trade Co., Ltd. Each of
these entities withheld necessary information within the meaning of
section 776(a) of the Tariff Act of 1930, as amended (the Act), and
failed to act to the best of its ability to comply with the
Department's requests for information within the meaning of section
776(b) of the Act. Therefore, we applied adverse facts available,
determining that these entities were part of the PRC-wide entity.
See Issues and Decision Memorandum for further discussion.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of PC tie wire from the
PRC as described in the ``Scope of the Investigation'' section, which
were entered, or withdrawn from warehouse, for consumption on or after
December 12, 2013, the date of publication of the Preliminary
Determination in the Federal Register. Further, the Department will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which the normal value exceeds U.S. price as follows: (1) For
the exporter/producer combination listed in the table above, the cash
deposit rate will be equal to the dumping margin which the Department
determined in this final determination; (2) for all combinations of PRC
exporters/producers of merchandise under consideration which have not
received their own separate rate above, the cash deposit rate will be
equal to the dumping margin established for the PRC-wide entity; and
(3) for all non-PRC exporters of merchandise under consideration which
have not received their own separate rate above, the cash deposit rate
will be equal to the cash deposit rate applicable to the PRC exporter/
producer combination that supplied that non-PRC exporter. These
suspension-of-liquidation instructions will remain in effect until
further notice.
ITC Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of subject merchandise, or sales (or the
likelihood of sales) for importation, of the subject merchandise. If
the ITC determines that such injury does not exist, this proceeding
with be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation,
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: April 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues
1. Value Added Tax
2. Withdrawal of Targeted Dumping Regulation and Application of
Differential Pricing Analysis
3. Inclusion of Brokerage and Handling Expenses in the
Calculation of Input Surrogate Values
4. Truck Freight Surrogate Value
5. Weight Adjustment Made to the Brokerage and Handling
Surrogate Value
6. Marine Insurance Surrogate Value
7. Polypropylene Fabric Surrogate Value
8. Electricity Surrogate Value
9. Electricity Consumption Factor Adjustment
10. Treatment of Social Security/Workman's Compensation in
Surrogate Financial Ratio Calculations
11. Treatment of Transportation Expenses in Surrogate Financial
Ratio Calculations
[FR Doc. 2014-10240 Filed 5-2-14; 8:45 am]
BILLING CODE 3510-DS-P