Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 38490-38492 [2014-15949]
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38490
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
charges is significant, deliberate, covert
and/or likely to occur again, rather than
technical or negligent [.]’’ Id. A ‘‘lack of
information establishing the precise
time a violation may occur does not
preclude a finding that a violation is
imminent, so long as there is sufficient
reason to believe the likelihood of a
violation.’’ Id.
tkelley on DSK3SPTVN1PROD with NOTICES
B. Request for Renewal
OEE’s request for renewal is based
upon the facts underlying the issuance
of the initial TDO and modification and
the evidence developed over the course
of this investigation, including the
evidence summarized in Section I.,
supra. The two aircraft engines remain
in the possession and/or control of 3K
Aviation in Turkey. In addition to the
evidence discussed or summarized
above, OEE’s investigation also has
revealed that 3K Aviation has more
recently been instructed by a party,
whose identity it will not disclose, to
prepare the engines (MSNs 695244 and
705112) for shipment from Turkey. This
evidence further supports OEE’s
reasonable belief of a continued risk that
further attempts likely will be made to
reexport the items from Turkey without
U.S. Government authorization, in
violation of the TDO and the
Regulations.
C. Findings
I find that the evidence presented by
OEE demonstrates that a violation of the
Regulations is imminent in both time
and degree of likelihood. Renewal of the
TDO is needed to give notice to persons
and companies in the United States and
abroad that they should cease dealing
with the Respondents in export and reexport transactions involving items
subject to the EAR or other activities
prohibited by the TDO. Doing so is
consistent with the public interest to
preclude future violations of the EAR.
It is therefore ordered:
First, that 3K AVIATION
CONSULTING & LOGISTICS, a/k/a 3K
HAVACILIK VE DANISMANLIK SAN.
TIC. LTD. ST., Biniciler Apt. Savas Cad.
No. 18/5, Sirinyali Mah. 07160, Antalya,
Turkey, and Sonmez Apt. No. 4/5 1523
Sokak, Sirinyali Mah. 07160, Antalya,
Turkey; HUSEYIN ENGIN BORLUCA,
Biniciler Apt. Savas Cad. No. 18/5,
Sirinyali Mah. 07160, Antalya, Turkey,
and Sonmez Apt. No. 4/5 1523 Sokak,
Sirinyali Mah. 07160, Antalya, Turkey;
POUYA AIRLINE, a/k/a POUYA AIR,
Mehrebad Airport, Tehran, Iran; and
EVANS MERIDIANS LTD., Drake
Chambers, 1st Floor, Yamraj Building,
P.O. Box 3321, Road Town, Tortola,
British Virgin Islands; and when acting
for or on their behalf, any successors or
VerDate Mar<15>2010
16:48 Jul 07, 2014
Jkt 232001
assigns, agents, or employees (each a
‘‘Denied Person’’ and collectively the
‘‘Denied Persons’’) may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Export Administration Regulations
(‘‘EAR’’), or in any other activity subject
to the EAR including, but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR, or in any other
activity subject to the EAR; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or in any
other activity subject to the EAR.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of a Denied Person any item subject to
the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a Denied Person of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby a Denied Person acquires or
attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from a Denied Person of any
item subject to the EAR that has been
exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a Denied Person if such
service involves the use of any item
subject to the EAR that has been or will
be exported from the United States. For
purposes of this paragraph, servicing
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Fmt 4703
Sfmt 4703
means installation, maintenance, repair,
modification or testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to a Denied Person
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order.
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. The
Respondents may oppose such a request
to renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on the Respondents and shall be
published in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: July 1, 2014.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2014–15875 Filed 7–7–14; 8:45 am]
BILLING CODE XXXX–XX–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–013]
Carbon and Certain Alloy Steel Wire
Rod From the People’s Republic of
China: Preliminary Affirmative
Countervailing Duty Determination,
Preliminary Affirmative Critical
Circumstances Determination, and
Alignment of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of carbon and
AGENCY:
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Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
certain alloy steel wire rod (steel wire
rod) from the People’s Republic of
China (PRC). The period of investigation
is January 1, 2013, through December
31, 2013. Interested parties are invited
to comment on this preliminary
determination.
DATES:
Effective Date: July 8, 2014.
FOR FURTHER INFORMATION CONTACT:
Rebecca Trainor or Reza Karamloo,
Office II, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4007 and (202) 482–4470,
respectively.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Investigation
The scope of this investigation covers
certain hot-rolled products of carbon
steel and alloy steel, in coils, of
approximately circular cross section,
less than 19.00 mm in actual solid crosssectional diameter. Specifically
excluded are steel products possessing
the above-noted physical characteristics
and meeting the Harmonized Tariff
Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool
steel; (c) high nickel steel; (d) ball
bearing steel; or (e) concrete reinforcing
bars and rods. Also excluded are free
cutting steel (also known as free
machining steel) products (i.e., products
that contain by weight one or more of
the following elements: 0.1 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorus,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products under investigation are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030,
7227.20.0080, 7227.90.6010,
7227.90.6020, 7227.90.6030, and
7227.90.6035 of the HTSUS. Products
entered under subheadings
7213.99.0090 and 7227.90.6090 of the
HTSUS also may be included in this
scope if they meet the physical
description of subject merchandise
above. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
proceeding is dispositive.
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16:48 Jul 07, 2014
Jkt 232001
Methodology
The Department is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
Tariff Act of 1930, as amended (the Act).
For a full description of the
methodology underlying our
preliminary conclusions, including our
reliance, in part, on adverse facts
available (AFA), see the Preliminary
Decision Memorandum.1 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 on the Internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping (AD)
investigation of steel wire rod from the
PRC. Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
November 12, 2014, unless postponed.
Critical Circumstances
In accordance with section 703(e)(1)
of the Act, we preliminarily find that
critical circumstances exist with respect
to certain imports of steel wire rod from
the PRC. A discussion of our
determination can be found in the
Preliminary Decision Memorandum.
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Countervailing Duty
Investigation of Carbon and Certain Alloy Steel
Wire Rod from the People’s Republic of China:
Decision Memorandum for the Preliminary
Determination,’’ dated concurrently with this notice
(Preliminary Decision Memorandum). A list of
topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this
notice.
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Sfmt 4703
38491
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we determine
separate subsidy rates for the
individually-investigated producers/
exporters of the subject merchandise,
Benxi Beiying Iron & Steel Group Import
& Export Corp., Benxi Beiying Iron &
Steel (Group) Co., Ltd. and 13 affiliates
(collectively Benxi Steel); 2 and Hebei
Iron & Steel Co Ltd Tangshan Branch
(Hebei Iron & Steel). We also calculated
an all-others rate. In accordance with
sections 703(d) and 705(c)(5)(A) of the
Act, for companies not individually
investigated, we apply an ‘‘all-others’’
rate, which is normally calculated by
weighting the subsidy rates of the
individual companies selected as
mandatory respondents by those
companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de
minimis rates calculated for the
exporters and producers individually
investigated as well as rates based
entirely on facts otherwise available.
Where the rates for the investigated
companies are all zero or de minimis, or
based entirely on facts otherwise
available, section 705(c)(5)(A)(ii) of the
Act instructs the Department to
establish an all-others rate using ‘‘any
reasonable method.’’ For Hebei Iron &
Steel, which did not participate in this
investigation, we determine a rate based
solely on AFA, in accordance with
sections 776(a) and (b) of the Act.3
Therefore, the only rate in this
investigation that is not de minimis or
based entirely on facts otherwise
available is the rate calculated for Benxi
Steel. Consequently, the rate calculated
for Benxi Steel is also assigned as the
‘‘all-others’’ rate. The overall
preliminary subsidy rates are
summarized in the table below:
2 These 13 affiliates are: Benxi Steel Group
Corporation; Beitai Iron & Steel (Group) Co., Ltd.;
Benxi Northern Steel Rolling Co., Ltd.; Benxi
Beifang Gaosu Steel Wire Rod Co., Ltd.; Benxi
Beitai Gaosu Steel Wire Rod Co., Ltd.; Benxi
Northern Steel Co., Ltd.; Benxi Beifang Second
Rolling Co., Ltd.; Benxi Beitai Ductile Iron Pipes
Co., Ltd.; Benxi Iron and Steel (Group) Metallurgy
Co., Ltd.; Benxi Iron and Steel (Group) Real Estate
Development Co., Ltd.; Benxi Iron & Steel (Group)
Co., Ltd.; Bei Tai Iron and Steel Group Imp. and
Exp. (Dalian) Co., Ltd.; and Bengang Steel Plate Co.,
Ltd.
3 See the Preliminary Determination
Memorandum at ‘‘Use of Facts Otherwise Available
and Adverse Inferences,’’ for a full description of
our methodology.
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38492
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
not disclose such information, either
publicly or under an administrative
protective order, without the written
4 .........................
Benxi Steel
10.30 consent of the Assistant Secretary for
Hebei Iron & Steel ................
81.36
Enforcement and Compliance.
All Others ..............................
10.30
In accordance with section 705(b)(2)
of the Act, if our final determination is
In accordance with sections
703(d)(1)(B) and (d)(2) of the Act, we are affirmative, the ITC will make its final
determination within 45 days after the
directing U.S. Customs and Border
Protection (CBP) to suspend liquidation Department makes its final
determination.
of all entries of steel wire rod from the
This determination is issued and
PRC that are entered, or withdrawn from
published pursuant to sections 703(f)
warehouse, for consumption on or after
the date of the publication of this notice and 777(i) of the Act and 19 CFR
351.205(c).
in the Federal Register, and to require
Dated: June 30, 2014.
a cash deposit for such entries of
Paul Piquado,
merchandise in the amounts indicated
above. Moreover, because we
Assistant Secretary for Enforcement and
preliminarily find critical circumstances Compliance.
exist with respect to all exporters of the
Appendix
subject merchandise except Benxi Steel,
List of Topics Discussed in the Preliminary
in accordance with section 703(e)(2)(A)
Decision Memorandum
of the Act, we are directing CBP to
I. Summary
apply the suspension of liquidation to
II. Background
any unliquidated entries of the subject
III. Scope Comments
merchandise from exporters other than
Benxi Steel entered, or withdrawn from IV. Scope of the Investigation
V. Alignment
warehouse for consumption, on or after
VI. Respondent Selection
the date 90 days prior to the date of
VII. Injury Test
publication of this notice in the Federal VIII. Application of the Countervailing Duty
Register.
Law to Imports from the PRC
Company
Subsidy rate
(percent)
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondent Benxi Steel
prior to making our final determination.
tkelley on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.5
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.6 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (ITC) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
4 The companies comprising Benxi Steel are
named above.
5 See 19 CFR 351.224(b).
6 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
VerDate Mar<15>2010
16:48 Jul 07, 2014
Jkt 232001
IX. Subsidies Valuation
X. Benchmarks and Discount Rates
XI. Use of Facts Otherwise Available and
Adverse Inferences
XII. Critical Circumstances
XIII. Analysis of Programs
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
[FR Doc. 2014–15949 Filed 7–7–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Corporation for Travel Promotion (dba
Brand USA)
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an opportunity for
travel and tourism industry leaders to
apply for membership on the Board of
Directors of the Corporation for Travel
Promotion.
AGENCY:
The Department of Commerce
is currently seeking applications from
travel and tourism leaders from specific
industries for membership on the Board
of Directors (Board) of the Corporation
for Travel Promotion (dba Brand USA).
The purpose of the Board is to guide the
Corporation for Travel Promotion on
matters relating to the promotion of the
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
United States and communication of
travel facilitation issues, among other
tasks.
All applications must be
received by the National Travel and
Tourism Office by close of business on
August 8, 2014.
ADDRESSES: Electronic applications may
be sent to: CTPBoard@trade.gov.
Written applications can be submitted
to Isabel Hill, Director, National Travel
and Tourism Office, U.S. Department of
Commerce, Mail Stop 10003, 1401
Constitution Avenue NW., Washington,
DC 20230. Telephone: 202.482.0140.
Email: Isabel.Hill@trade.gov.
FOR FURTHER INFORMATION CONTACT: Julie
Heizer, Deputy Director, Industry
Relations, National Travel and Tourism
Office, Mail Stop 10003, 1401
Constitution Avenue NW., Washington,
DC 20230. Telephone: 202.482.4904.
Email: julie.heizer@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Travel Promotion
Act of 2009 (TPA) was signed into law
by President Obama on March 4, 2010.
The TPA established the Corporation for
Travel Promotion (the Corporation), as a
non-profit corporation charged with the
development and execution of a plan to
(A) provide useful information to those
interested in traveling to the United
States; (B) identify and address
perceptions regarding U.S. entry
policies; (C) maximize economic and
diplomatic benefits of travel to the
United States through the use of various
promotional tools; (D) ensure that
international travel benefits all States
and the District of Columbia, and (E)
identify opportunities to promote
tourism to rural and urban areas
equally, including areas not
traditionally visited by international
travelers.
The Corporation is governed by a
board of directors, consisting of 11
members with knowledge of
international travel promotion and
marketing, broadly representing various
regions of the United States. The TPA
directs the Secretary of Commerce (after
consultation with the Secretary of
Homeland Security and the Secretary of
State) to appoint the board of directors
for the Corporation.
At this time, the Department will be
selecting three individuals with the
appropriate expertise and experience
from specific sectors of the travel and
tourism industry to serve on the Board
as follows:
(A) 1 shall have appropriate expertise
and experience in small business or
retail or in associations representing
that sector;
DATES:
E:\FR\FM\08JYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38490-38492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15949]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-013]
Carbon and Certain Alloy Steel Wire Rod From the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical Circumstances
Determination, and Alignment of Final Countervailing Duty Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of carbon and
[[Page 38491]]
certain alloy steel wire rod (steel wire rod) from the People's
Republic of China (PRC). The period of investigation is January 1,
2013, through December 31, 2013. Interested parties are invited to
comment on this preliminary determination.
DATES: Effective Date: July 8, 2014.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Reza Karamloo,
Office II, AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4007 and (202) 482-4470, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers certain hot-rolled products
of carbon steel and alloy steel, in coils, of approximately circular
cross section, less than 19.00 mm in actual solid cross-sectional
diameter. Specifically excluded are steel products possessing the
above-noted physical characteristics and meeting the Harmonized Tariff
Schedule of the United States (HTSUS) definitions for (a) stainless
steel; (b) tool steel; (c) high nickel steel; (d) ball bearing steel;
or (e) concrete reinforcing bars and rods. Also excluded are free
cutting steel (also known as free machining steel) products (i.e.,
products that contain by weight one or more of the following elements:
0.1 percent or more of lead, 0.05 percent or more of bismuth, 0.08
percent or more of sulfur, more than 0.04 percent of phosphorus, more
than 0.05 percent of selenium, or more than 0.01 percent of tellurium).
All products meeting the physical description of subject merchandise
that are not specifically excluded are included in this scope.
The products under investigation are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of the
HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090
of the HTSUS also may be included in this scope if they meet the
physical description of subject merchandise above. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this proceeding is dispositive.
Methodology
The Department is conducting this countervailing duty (CVD)
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the Act). For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available (AFA), see the Preliminary Decision
Memorandum.\1\ 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 on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Countervailing Duty Investigation of Carbon and Certain
Alloy Steel Wire Rod from the People's Republic of China: Decision
Memorandum for the Preliminary Determination,'' dated concurrently
with this notice (Preliminary Decision Memorandum). A list of topics
discussed in the Preliminary Decision Memorandum can be found as an
appendix to this notice.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping (AD) investigation of steel
wire rod from the PRC. Consequently, the final CVD determination will
be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than November 12, 2014,
unless postponed.
Critical Circumstances
In accordance with section 703(e)(1) of the Act, we preliminarily
find that critical circumstances exist with respect to certain imports
of steel wire rod from the PRC. A discussion of our determination can
be found in the Preliminary Decision Memorandum.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we determine
separate subsidy rates for the individually-investigated producers/
exporters of the subject merchandise, Benxi Beiying Iron & Steel Group
Import & Export Corp., Benxi Beiying Iron & Steel (Group) Co., Ltd. and
13 affiliates (collectively Benxi Steel); \2\ and Hebei Iron & Steel Co
Ltd Tangshan Branch (Hebei Iron & Steel). We also calculated an all-
others rate. In accordance with sections 703(d) and 705(c)(5)(A) of the
Act, for companies not individually investigated, we apply an ``all-
others'' rate, which is normally calculated by weighting the subsidy
rates of the individual companies selected as mandatory respondents by
those companies' exports of the subject merchandise to the United
States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate
should exclude zero and de minimis rates calculated for the exporters
and producers individually investigated as well as rates based entirely
on facts otherwise available. Where the rates for the investigated
companies are all zero or de minimis, or based entirely on facts
otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the
Department to establish an all-others rate using ``any reasonable
method.'' For Hebei Iron & Steel, which did not participate in this
investigation, we determine a rate based solely on AFA, in accordance
with sections 776(a) and (b) of the Act.\3\ Therefore, the only rate in
this investigation that is not de minimis or based entirely on facts
otherwise available is the rate calculated for Benxi Steel.
Consequently, the rate calculated for Benxi Steel is also assigned as
the ``all-others'' rate. The overall preliminary subsidy rates are
summarized in the table below:
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\2\ These 13 affiliates are: Benxi Steel Group Corporation;
Beitai Iron & Steel (Group) Co., Ltd.; Benxi Northern Steel Rolling
Co., Ltd.; Benxi Beifang Gaosu Steel Wire Rod Co., Ltd.; Benxi
Beitai Gaosu Steel Wire Rod Co., Ltd.; Benxi Northern Steel Co.,
Ltd.; Benxi Beifang Second Rolling Co., Ltd.; Benxi Beitai Ductile
Iron Pipes Co., Ltd.; Benxi Iron and Steel (Group) Metallurgy Co.,
Ltd.; Benxi Iron and Steel (Group) Real Estate Development Co.,
Ltd.; Benxi Iron & Steel (Group) Co., Ltd.; Bei Tai Iron and Steel
Group Imp. and Exp. (Dalian) Co., Ltd.; and Bengang Steel Plate Co.,
Ltd.
\3\ See the Preliminary Determination Memorandum at ``Use of
Facts Otherwise Available and Adverse Inferences,'' for a full
description of our methodology.
[[Page 38492]]
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Subsidy rate
Company (percent)
------------------------------------------------------------------------
Benxi Steel \4\......................................... 10.30
Hebei Iron & Steel...................................... 81.36
All Others.............................................. 10.30
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In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of steel wire rod from the PRC that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above. Moreover, because we preliminarily find critical
circumstances exist with respect to all exporters of the subject
merchandise except Benxi Steel, in accordance with section 703(e)(2)(A)
of the Act, we are directing CBP to apply the suspension of liquidation
to any unliquidated entries of the subject merchandise from exporters
other than Benxi Steel entered, or withdrawn from warehouse for
consumption, on or after the date 90 days prior to the date of
publication of this notice in the Federal Register.
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\4\ The companies comprising Benxi Steel are named above.
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Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondent Benxi Steel prior to making
our final determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\5\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\6\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order, without the written consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: June 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Application of the Countervailing Duty Law to Imports from the
PRC
IX. Subsidies Valuation
X. Benchmarks and Discount Rates
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Critical Circumstances
XIII. Analysis of Programs
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
[FR Doc. 2014-15949 Filed 7-7-14; 8:45 am]
BILLING CODE 3510-DS-P
