Prestressed Concrete Steel Rail Tie Wire From Mexico: Final Determination of Sales at Less Than Fair Value, 25571-25572 [2014-10241]

Download as PDF Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES Act’’) and 19 CFR 351.205(b)(1), unless postponed, will issue its preliminary determination no later than 140 days after the publication date of this initiation, instead of the date of initiation. Section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1) states that the Department will make a preliminary determination no later than 140 days after the date of the initiation (i.e., January 7, 2014), not 140 days after the publication date of the initiation. Accordingly, the preliminary determination of this antidumping duty investigation is currently due no later than May 27, 2014. Pursuant to section 733(c)(1)(B) of the Act and 19 CFR 351.205(b)(2), the Department concludes that the parties involved in this investigation are cooperating and determines that this case is extraordinarily complicated by reason of the number and complexity of the transactions to be investigated and adjustments to be considered and the number of firms whose activities must be investigated. The Department determines that a 50-day postponement of the preliminary determination is needed in order to provide the Department with sufficient time to review and analyze questionnaire responses and issue appropriate requests for clarification and additional information. For the reasons stated above, the Department, in accordance with section 733(c)(1)(B) of the Act, is postponing the deadline for the preliminary determination to no later than 190 days after the date on which the Department initiated this investigation. Therefore, the new deadline for the preliminary determination is July 16, 2014. In accordance with section 735(a)(1) of the Act, the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: April 28, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–10252 Filed 5–2–14; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:56 May 02, 2014 Jkt 232001 DEPARTMENT OF COMMERCE International Trade Administration [A–201–843] Prestressed Concrete Steel Rail Tie Wire From Mexico: Final Determination of Sales at Less Than Fair Value 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 Mexico 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 weightedaverage dumping margins are listed below in the section entitled ‘‘Final Determination Margins.’’ DATES: Effective Date: May 5, 2014. FOR FURTHER INFORMATION CONTACT: Brandon Custard or Rebecca Trainor, 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) 482–1823 or (202) 482–4007, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 12, 2013, the Department published in the Federal Register the preliminary determination of sales at less than fair value in the antidumping duty investigation of PC tie wire from Mexico.1 The following events occurred since the preliminary determination was issued. We issued a supplemental cost questionnaire to Aceros Camesa, S.A. de C.V. (Camesa) on December 16, 2013, and received a response to this supplemental questionnaire on December 23, 2013. Between December 11, 2013, and January 24, 2014, the Department conducted sales and cost verifications of Camesa, in accordance with section 782(i) of the Act.2 On January 13, 2014, Camesa requested that the Department hold a hearing in this investigation. On February 26, 2014, Camesa withdrew its hearing request. On February 27, 2014, the petitioners 3 1 See Prestressed Concrete Steel Rail Tie Wire from Mexico: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 78 FR 75544 (December 12, 2013) (Preliminary Determination). 2 See the ‘‘Verification’’ section, below. 3 The petitioners in this investigation are Davis Wire Corporation and Insteel Wire Products Company. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 25571 and Camesa submitted case briefs. On March 5, and March 6, 2014, the petitioners and Camesa submitted rebuttal briefs, respectively. Period of Investigation The period of investigation (POI) is April 1, 2012, through March 31, 2013. 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. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum 4 which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. Based on our analysis of comments received, we made changes to the margin calculations which are described in the Issues and Decision Memorandum. 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 4 Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailng Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Antidumping Duty Investigation of Prestressed Concrete Steel Rail Tie Wire From Mexico’’ (April 28, 2014) (Issues and Decision Memorandum). E:\FR\FM\05MYN1.SGM 05MYN1 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. VerDate Mar<15>2010 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 E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25571-25572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10241]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-843]

Prestressed Concrete Steel Rail Tie Wire From Mexico: Final
Determination of Sales at Less Than Fair Value

AGENCY: 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
Mexico 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 margins are listed below
in the section entitled ``Final Determination Margins.''

DATES: Effective Date: May 5, 2014.

FOR FURTHER INFORMATION CONTACT: Brandon Custard or Rebecca Trainor,
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-
1823 or (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:

Background

On December 12, 2013, the Department published in the Federal
Register the preliminary determination of sales at less than fair value
in the antidumping duty investigation of PC tie wire from Mexico.\1\
The following events occurred since the preliminary determination was
issued.
---------------------------------------------------------------------------

\1\ See Prestressed Concrete Steel Rail Tie Wire from Mexico:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 78 FR 75544 (December 12, 2013)
(Preliminary Determination).
---------------------------------------------------------------------------

We issued a supplemental cost questionnaire to Aceros Camesa, S.A.
de C.V. (Camesa) on December 16, 2013, and received a response to this
supplemental questionnaire on December 23, 2013. Between December 11,
2013, and January 24, 2014, the Department conducted sales and cost
verifications of Camesa, in accordance with section 782(i) of the
Act.\2\ On January 13, 2014, Camesa requested that the Department hold
a hearing in this investigation. On February 26, 2014, Camesa withdrew
its hearing request. On February 27, 2014, the petitioners \3\ and
Camesa submitted case briefs. On March 5, and March 6, 2014, the
petitioners and Camesa submitted rebuttal briefs, respectively.
---------------------------------------------------------------------------

\2\ See the ``Verification'' section, below.
\3\ The petitioners in this investigation are Davis Wire
Corporation and Insteel Wire Products Company.
---------------------------------------------------------------------------

Period of Investigation

The period of investigation (POI) is April 1, 2012, through March
31, 2013.

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.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
\4\ which is hereby adopted by this notice. A list of the issues raised
is attached to this notice as Appendix I. Based on our analysis of
comments received, we made changes to the margin calculations which are
described in the Issues and Decision Memorandum. 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

[[Page 25572]]

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.
---------------------------------------------------------------------------

\4\ Memorandum from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailng Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum for the Antidumping Duty Investigation of
Prestressed Concrete Steel Rail Tie Wire From Mexico'' (April 28,
2014) (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

\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).
---------------------------------------------------------------------------

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

The weighted-average dumping margins are as follows:
---------------------------------------------------------------------------

\6\ See section 735(c)(5)(A) of the Act.

------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Aceros Camesa S.A. de C.V.................................. 9.99
All Others................................................. 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.

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

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