Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part, 53169-53171 [2014-21335]
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Federal Register / Vol. 79, No. 173 / Monday, September 8, 2014 / Notices
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: August 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Certification of No Shipments
4. Intent Not To Rescind Review in Part
5. Non-Market-Economy Country Status
6. Separate Rates Determination
7. Absence of De Jure Control
8. Absence of De Facto Control
9. Surrogate Country
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Factors Valuation
14. Currency Conversion
[FR Doc. 2014–21332 Filed 9–5–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–012]
Carbon and Certain Alloy Steel Wire
Rod From the People’s Republic of
China: Preliminary Determination of
Sales at Less Than Fair Value and
Preliminary Affirmative Determination
of Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that carbon and certain alloy
steel wire rod (‘‘steel wire rod’’) from
the People’s Republic of China (‘‘PRC’’)
is being, or is likely to be, sold in the
United States at less than fair value
rmajette on DSK2TPTVN1PROD with NOTICES
AGENCY:
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(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). The period of investigation
(‘‘POI’’) is July 1, 2013, through
December 31, 2013. The weightedaverage dumping margins are shown in
the ‘‘Preliminary Determination’’
section of this notice. We invite
interested parties to comment on this
preliminary determination.
DATED: Effective Date: September 8,
2014.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Brandon Custard, 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 and (202)
482–1823, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this
investigation is 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
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53169
written description of the scope of this
proceeding is dispositive.
Methodology
The Department conducted this
investigation in accordance with section
733 of the Act. Because certain
companies, including the mandatory
respondents,1 in this investigation did
not cooperate to the best of their ability
with the Department’s requests for
information, the Department
preliminarily determines that the
application of adverse facts available
(‘‘AFA’’) is warranted for this
preliminary determination, in
accordance with section 776 of the Act
and 19 CFR 351.308.
For a full description of the
methodology underlying our
conclusions, see ‘‘Decision
Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Carbon and Certain
Alloy Steel Wire Rod from the People’s
Republic of China,’’ from Gary
Taverman, Associate Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance
(‘‘Preliminary Decision Memorandum’’),
dated concurrently with, and hereby
adopted by, this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.2 This
1 The mandatory respondents in this investigation
are Benxi Beiying Iron and Steel Group Imp. and
Exp. Corp. Ltd. and Tangshan Iron and Steel Group
Co. Ltd.
2 See Carbon and Certain Alloy Steel Wire Rod
From the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 78 FR 11077,
11081 (February 27, 2014) (‘‘Initiation Notice’’).
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Federal Register / Vol. 79, No. 173 / Monday, September 8, 2014 / Notices
practice is described in Policy Bulletin
05.1.3
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Rizhao Steel Wire Co., Ltd .........................................................
Hunan Valin Xiangtan Iron & Steel Co., Ltd ..............................
Jiangsu Shagang International Trade Co., Ltd ..........................
Jiangsu Shagang International Trade Co., Ltd ..........................
Jiangsu Shagang International Trade Co., Ltd ..........................
Jiangsu Shagang International Trade Co., Ltd ..........................
Jiangsu Shagang International Trade Co., Ltd ..........................
Jiangsu Shagang International Trade Co., Ltd ..........................
PRC-wide Entity * .......................................................................
Rizhao Steel Wire Co., Ltd .........................................................
Hunan Valin Xiangtan Iron & Steel Co., Ltd ..............................
Zhangjiagang Shajing Steel Co. Ltd ..........................................
Zhangjiagang Runzhong Steel Co., Ltd .....................................
Zhangjiagang Hongxing Gaoxian Co., Ltd .................................
Zhangjiagang Rongsheng Steel-Making Co., Ltd ......................
Jiangsu Runzhong High-Tech Co., Ltd ......................................
Zhangjiagang Hongchang Gaoxian Co., Ltd ..............................
.....................................................................................................
106.19
106.19
106.19
106.19
106.19
106.19
106.19
106.19
110.25
* As detailed in the Preliminary Decision Memorandum, the PRC-wide entity includes, among other companies Benxi Beiying Iron and Steel
Group Imp. and Exp. Corp. Ltd.,4 Tangshan Iron and Steel Group Co. Ltd., Angang Group International Trade Corporation, Qingdao Iron and
Steel Co., Ltd., Jiangsu Yonggang Group Co. Ltd., and Baotou Steel International Economic & Trading Co., Ltd.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
On June 4, 2014, the petitioners 5 filed
a timely critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of steel wire rod
from the PRC.6 We preliminarily
determine that critical circumstances do
not exist for the separate rate
companies,7 but do exist for the PRCwide entity. A discussion of our
determination can be found in the
Preliminary Decision Memorandum at
the section, ‘‘Critical Circumstances.’’
Disclosure and Public Comment
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The Department intends to disclose
calculations performed for this
preliminary determination to the parties
within five days after the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance via IA ACCESS no later
than 30 days after the date of
publication of this preliminary
determination notice, and rebuttal
briefs, limited to issues raised in case
briefs, must be submitted via IA
ACCESS no later than five days after the
deadline for filing case briefs.8 Pursuant
3 See Policy Bulletin No. 05.1, regarding
‘‘Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations
involving Non-Market Economy Countries’’ (April
5, 2005) (‘‘Policy Bulletin 05.1’’), available at
https://enforcement.trade.gov/policy/bull05-1.pdf.
4 For the reasons explained in the Preliminary
Decision Memorandum, the Department finds it
appropriate to consider Bei Tai Iron and Steel
Group Imp. and Exp. (Dalian) Co., Ltd. (Beitai) a
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to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate in a hearing if
one is requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance. An
electronically filed request must be
submitted via IA ACCESS within 30
days after the date of publication of this
notice.9 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants in the hearing; and (3) a
list of the issues to be discussed at the
hearing. If a request for a hearing is
made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and date to be determined.
Parties should confirm by telephone the
date, time, and location of the hearing,
two days before the scheduled date.
All documents submitted to IA
ACCESS must be received successfully
in their entirety by no later than 5:00
p.m. Eastern Daylight Time on the day
in which the document is due.
Suspension of Liquidation
part of Benxi Beiying Iron and Steel Group Imp. and
Exp. Corp. Ltd. for this preliminary determination.
See Preliminary Decision Memorandum at the
section, ‘‘The PRC-Wide Entity.’’
5 The Petitioners are ArcelorMittal USA LLC,
Charter Steel, Evraz Pueblo (formerly Evraz Rocky
Mountain Steel), Gerdau Ameristeel US Inc.,
Keystone Consolidated Industries, Inc., and Nucor
Corporation.
6 See the Petitioners’ Letter to the Secretary of
Commerce, ‘‘Carbon and Certain Alloy Steel Wire
Rod From the People’s Republic of China—Critical
Circumstances Allegations,’’ dated June 4, 2014.
7 Rizhao Steel Wire Co., Ltd., Hunan Valin
Xiangtan Iron & Steel Co., Ltd., and Jiangsu Shagang
International Trade Co., Ltd. (collectively, the
separate rate companies).
8 See 19 CFR 351.309.
9 See also 19 CFR 351.310(c).
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Sfmt 4703
In accordance with section 733(d)(2)
of the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of steel wire rod from the PRC,
as described in the ‘‘Scope of
Investigation’’ section, entered or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. As
described above, we preliminarily find
that critical circumstances exist for
imports of steel wire rod from the PRC
produced or exported by the PRC-wide
entity. Accordingly, for the PRC-wide
entity, in accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date
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Federal Register / Vol. 79, No. 173 / Monday, September 8, 2014 / Notices
rmajette on DSK2TPTVN1PROD with NOTICES
which is 90 days before the publication
of this notice.
Pursuant to 19 CFR 351.205(d), we
will instruct CBP to require a cash
deposit 10 for all suspended entries at an
ad valorem rate equal to the weightedaverage amount by which normal value
exceeds U.S. price, adjusted where
appropriate for export subsidies and
estimated domestic subsidy passthrough 11 where, as here, the product
under investigation is also subject to a
concurrent countervailing duty (‘‘CVD’’)
investigation: (1) For those PRC
exporter/producer combinations listed
in the table above, the cash deposit rates
will be the rates shown in that table; (2)
for all combinations of PRC exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
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
the cash deposit rate applicable to the
PRC exporter/producer combination
that supplied that non-PRC exporter.
These suspension of liquidation and
cash deposit instructions will remain in
effect until further notice.
Furthermore, as stated above and
consistent with our practice, we will
instruct CBP to require a cash deposit
equal to the amount by which the
normal value exceeds the export price
or constructed export price, less the
amount of the CVD determined to
constitute an export subsidy. In this
LTFV investigation, we have not
adjusted the preliminary cash deposit
rates for export subsidies. With respect
to the separate rate companies which
were not individually investigated, we
find that no export-subsidy adjustment
to the rates is warranted because these
companies are currently subject to the
CVD rate calculated for ‘‘All Others’’ in
the preliminary determination of the
companion CVD investigation, and we
did not include any export subsidies in
10 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
11 See sections 772(c)(1)(C) and 777A(f) of the
Act, respectively. Unlike in administrative reviews,
the Department calculates the adjustment for export
subsidies in investigations not in the margin
calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final
Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
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15:14 Sep 05, 2014
Jkt 232001
the calculation of that CVD rate.12
Accordingly, we made no adjustment to
the AD cash deposit rate for the separate
rate companies. With respect to the
PRC-wide entity, we find that no exportsubsidy adjustment is warranted, as
AFA, because the lowest export subsidy
amount included in a CVD rate to which
PRC-wide entries are currently subject is
zero. Accordingly, we made no
adjustment to the AD cash deposit rate
for the PRC-wide entity.
We are not adjusting the preliminary
determination rates for estimated
domestic subsidy pass through because
we have no basis upon which to make
such an adjustment. See Preliminary
Decision Memorandum at the section,
‘‘Section 777A(f) of the Act.’’
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: August 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Background
2. Period of Investigation
3. Scope of Investigation
4. Scope Comments
5. Respondent Selection
6. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. PRC-Wide Entity
d. Application of Facts Available and
Adverse Inferences
e. Corroboration of the AFA Rate
f. Margin for the Separate Companies
g. Combination Rates
7. Critical Circumstances
8. Verification
9. Section 77A(f) of the Act
12 See 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, 79 FR 38490,
38491 (July 8, 2014), and accompanying
Preliminary Decision Memorandum at 26–28.
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53171
10. ITC Notification
[FR Doc. 2014–21335 Filed 9–5–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD489
Endangered and Threatened Species;
Initiation of 5-Year Review
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of initiation of 5-year
review; request for information.
AGENCY:
NMFS announces a 5-year
review of the southern right whale
(Eubalaena australis) and sperm whale
(Physeter macrocephalus) under the
Endangered Species Act of 1973, as
amended (ESA). A 5-year review is a
periodic process conducted to ensure
that the listing classification of a species
is accurate. A 5-year review is based on
the best scientific and commercial data
available at the time of the review;
therefore, we are requesting submission
of any information on southern right
whales and sperm whales that has
become available since their last 5-year
review in 2007 and 2009, respectively.
DATES: To allow us adequate time to
conduct this review, we must receive
your information no later than
November 7, 2014. However, we will
continue to accept new information
about any listed species at any time.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2014–0113, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2014–0113 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail or hand-delivery: Angela
Somma, National Marine Fisheries
Service, Office of Protected Resources,
Endangered Species Division, 1325 East
West Highway, Silver Spring, MD
20910.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53169-53171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21335]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-012]
Carbon and Certain Alloy Steel Wire Rod From the People's
Republic of China: Preliminary Determination of Sales at Less Than Fair
Value and Preliminary Affirmative Determination of Critical
Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that carbon and certain alloy steel wire rod (``steel wire
rod'') from the People's Republic of China (``PRC'') is being, or is
likely to be, sold in the United States at less than fair value
(``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as
amended (``the Act''). The period of investigation (``POI'') is July 1,
2013, through December 31, 2013. The weighted-average dumping margins
are shown in the ``Preliminary Determination'' section of this notice.
We invite interested parties to comment on this preliminary
determination.
DATED: Effective Date: September 8, 2014.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Brandon Custard, 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 and (202) 482-1823, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation is 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 conducted this investigation in accordance with
section 733 of the Act. Because certain companies, including the
mandatory respondents,\1\ in this investigation did not cooperate to
the best of their ability with the Department's requests for
information, the Department preliminarily determines that the
application of adverse facts available (``AFA'') is warranted for this
preliminary determination, in accordance with section 776 of the Act
and 19 CFR 351.308.
---------------------------------------------------------------------------
\1\ The mandatory respondents in this investigation are Benxi
Beiying Iron and Steel Group Imp. and Exp. Corp. Ltd. and Tangshan
Iron and Steel Group Co. Ltd.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Carbon and
Certain Alloy Steel Wire Rod from the People's Republic of China,''
from Gary Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance (``Preliminary
Decision Memorandum''), dated concurrently with, and hereby adopted by,
this notice. The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic
version of the Preliminary Decision Memorandum are identical in
content.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\2\ This
[[Page 53170]]
practice is described in Policy Bulletin 05.1.\3\
---------------------------------------------------------------------------
\2\ See Carbon and Certain Alloy Steel Wire Rod From the
People's Republic of China: Initiation of Antidumping Duty
Investigation, 78 FR 11077, 11081 (February 27, 2014) (``Initiation
Notice'').
\3\ See Policy Bulletin No. 05.1, regarding ``Separate-Rates
Practice and Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy Countries'' (April 5,
2005) (``Policy Bulletin 05.1''), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\4\ For the reasons explained in the Preliminary Decision
Memorandum, the Department finds it appropriate to consider Bei Tai
Iron and Steel Group Imp. and Exp. (Dalian) Co., Ltd. (Beitai) a
part of Benxi Beiying Iron and Steel Group Imp. and Exp. Corp. Ltd.
for this preliminary determination. See Preliminary Decision
Memorandum at the section, ``The PRC-Wide Entity.''
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Rizhao Steel Wire Co., Ltd........ Rizhao Steel Wire 106.19
Co., Ltd.
Hunan Valin Xiangtan Iron & Steel Hunan Valin Xiangtan 106.19
Co., Ltd. Iron & Steel Co.,
Ltd.
Jiangsu Shagang International Zhangjiagang Shajing 106.19
Trade Co., Ltd. Steel Co. Ltd.
Jiangsu Shagang International Zhangjiagang 106.19
Trade Co., Ltd. Runzhong Steel Co.,
Ltd.
Jiangsu Shagang International Zhangjiagang 106.19
Trade Co., Ltd. Hongxing Gaoxian
Co., Ltd.
Jiangsu Shagang International Zhangjiagang 106.19
Trade Co., Ltd. Rongsheng Steel-
Making Co., Ltd.
Jiangsu Shagang International Jiangsu Runzhong 106.19
Trade Co., Ltd. High-Tech Co., Ltd.
Jiangsu Shagang International Zhangjiagang 106.19
Trade Co., Ltd. Hongchang Gaoxian
Co., Ltd.
PRC-wide Entity *................. .................... 110.25
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* As detailed in the Preliminary Decision Memorandum, the PRC-wide
entity includes, among other companies Benxi Beiying Iron and Steel
Group Imp. and Exp. Corp. Ltd.,\4\ Tangshan Iron and Steel Group Co.
Ltd., Angang Group International Trade Corporation, Qingdao Iron and
Steel Co., Ltd., Jiangsu Yonggang Group Co. Ltd., and Baotou Steel
International Economic & Trading Co., Ltd.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
On June 4, 2014, the petitioners \5\ filed a timely critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of steel wire rod from the PRC.\6\ We preliminarily
determine that critical circumstances do not exist for the separate
rate companies,\7\ but do exist for the PRC-wide entity. A discussion
of our determination can be found in the Preliminary Decision
Memorandum at the section, ``Critical Circumstances.''
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\5\ The Petitioners are ArcelorMittal USA LLC, Charter Steel,
Evraz Pueblo (formerly Evraz Rocky Mountain Steel), Gerdau
Ameristeel US Inc., Keystone Consolidated Industries, Inc., and
Nucor Corporation.
\6\ See the Petitioners' Letter to the Secretary of Commerce,
``Carbon and Certain Alloy Steel Wire Rod From the People's Republic
of China--Critical Circumstances Allegations,'' dated June 4, 2014.
\7\ Rizhao Steel Wire Co., Ltd., Hunan Valin Xiangtan Iron &
Steel Co., Ltd., and Jiangsu Shagang International Trade Co., Ltd.
(collectively, the separate rate companies).
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Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance via IA ACCESS no
later than 30 days after the date of publication of this preliminary
determination notice, and rebuttal briefs, limited to issues raised in
case briefs, must be submitted via IA ACCESS no later than five days
after the deadline for filing case briefs.\8\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.
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\8\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate in a hearing if one is requested,
must submit a written request to the Assistant Secretary for
Enforcement and Compliance. An electronically filed request must be
submitted via IA ACCESS within 30 days after the date of publication of
this notice.\9\ Hearing requests should contain: (1) The party's name,
address, and telephone number; (2) the number of participants in the
hearing; and (3) a list of the issues to be discussed at the hearing.
If a request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing, two days before the scheduled date.
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\9\ See also 19 CFR 351.310(c).
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All documents submitted to IA ACCESS must be received successfully
in their entirety by no later than 5:00 p.m. Eastern Daylight Time on
the day in which the document is due.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of steel wire rod from the PRC, as described
in the ``Scope of Investigation'' section, entered or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As described above, we
preliminarily find that critical circumstances exist for imports of
steel wire rod from the PRC produced or exported by the PRC-wide
entity. Accordingly, for the PRC-wide entity, in accordance with
section 733(e)(2)(A) of the Act, the suspension of liquidation shall
apply to unliquidated entries of merchandise entered, or withdrawn from
warehouse, for consumption on or after the date
[[Page 53171]]
which is 90 days before the publication of this notice.
Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a
cash deposit \10\ for all suspended entries at an ad valorem rate equal
to the weighted-average amount by which normal value exceeds U.S.
price, adjusted where appropriate for export subsidies and estimated
domestic subsidy pass-through \11\ where, as here, the product under
investigation is also subject to a concurrent countervailing duty
(``CVD'') investigation: (1) For those PRC exporter/producer
combinations listed in the table above, the cash deposit rates will be
the rates shown in that table; (2) for all combinations of PRC
exporters/producers of merchandise under consideration that have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate 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
the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter. These suspension of
liquidation and cash deposit instructions will remain in effect until
further notice.
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\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\11\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying Issues and Decision
Memorandum at Comment 1.
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Furthermore, as stated above and consistent with our practice, we
will instruct CBP to require a cash deposit equal to the amount by
which the normal value exceeds the export price or constructed export
price, less the amount of the CVD determined to constitute an export
subsidy. In this LTFV investigation, we have not adjusted the
preliminary cash deposit rates for export subsidies. With respect to
the separate rate companies which were not individually investigated,
we find that no export-subsidy adjustment to the rates is warranted
because these companies are currently subject to the CVD rate
calculated for ``All Others'' in the preliminary determination of the
companion CVD investigation, and we did not include any export
subsidies in the calculation of that CVD rate.\12\ Accordingly, we made
no adjustment to the AD cash deposit rate for the separate rate
companies. With respect to the PRC-wide entity, we find that no export-
subsidy adjustment is warranted, as AFA, because the lowest export
subsidy amount included in a CVD rate to which PRC-wide entries are
currently subject is zero. Accordingly, we made no adjustment to the AD
cash deposit rate for the PRC-wide entity.
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\12\ See 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, 79 FR
38490, 38491 (July 8, 2014), and accompanying Preliminary Decision
Memorandum at 26-28.
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We are not adjusting the preliminary determination rates for
estimated domestic subsidy pass through because we have no basis upon
which to make such an adjustment. See Preliminary Decision Memorandum
at the section, ``Section 777A(f) of the Act.''
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. If our
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Period of Investigation
3. Scope of Investigation
4. Scope Comments
5. Respondent Selection
6. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. PRC-Wide Entity
d. Application of Facts Available and Adverse Inferences
e. Corroboration of the AFA Rate
f. Margin for the Separate Companies
g. Combination Rates
7. Critical Circumstances
8. Verification
9. Section 77A(f) of the Act
10. ITC Notification
[FR Doc. 2014-21335 Filed 9-5-14; 8:45 am]
BILLING CODE 3510-DS-P
