Certain Steel Grating From the People's Republic of China: Continuation of the Antidumping Duty Order and Countervailing Duty Order, 69940-69941 [2015-28755]

Download as PDF 69940 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices Comment 2: Application of the PRC-Wide Rate to Gem-Year and Not Granting a Separate Rate Comment 3: Opportunity To Submit Information on Corroborating PRC-Wide Rate Comment 4: Application of Total AFA to the RMB/IFI Group Comment 5: Application of the PRC-Wide Rate to the RMB/IFI Group and Not Granting a Separate Rate Comment 6: Selection of Surrogate Country Comment 7: Surrogate Value for Steel Wire Rod and Round Bar Comment 8: Surrogate Value for Labor Comment 9: Surrogate Financial Ratios VI. Conclusion Appendix II—Companies Subject to the Administrative Review That Are Part of the PRC-Wide Entity Fastco (Shanghai) Trading Co., Ltd. Gem-Year Industrial Co., Ltd. Haiyan Dayu Fasteners Co., Ltd. Jiaxing Brother Standard Part. Midas Union Co., Ltd. New Pole Power System Co. Ltd. Shanghai P&J International Trading Co., Ltd. Zhejiang Morgan Brother Technology Co. Ltd. [FR Doc. 2015–28751 Filed 11–10–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–947; C–570–948] Certain Steel Grating From the People’s Republic of China: Continuation of the Antidumping Duty Order and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) and the International Trade Commission (the ITC) have determined that revocation of the antidumping duty (AD) order on certain steel grating (steel grating) from the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States. The Department and the ITC have also determined that revocation of the countervailing duty (CVD) order on steel grating from the PRC would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation for these AD and CVD orders. DATES: Effective Date: November 12, 2015. FOR FURTHER INFORMATION CONTACT: Erin Kearney (AD Order), AD/CVD mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:15 Nov 10, 2015 Jkt 238001 Operations, Office IV, or Toni Page (CVD Order), AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0167 or (202) 482– 1398, respectively. SUPPLEMENTARY INFORMATION: Background On June 1, 2015, the Department initiated 1 and the ITC instituted 2 fiveyear (sunset) reviews of the AD and CVD orders on steel grating from the PRC,3 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, the Department determined that revocation of the AD order would likely lead to continuation or recurrence of dumping and that revocation of the CVD order would likely lead to continuation or recurrence of net countervailable subsidies. Therefore, the Department notified the ITC of the magnitude of the margins and the subsidy rates likely to prevail should the orders be revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the Act.4 On November 4, 2015, the ITC published its determination that revocation of the AD and CVD orders on steel grating from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(c) of the Act.5 Scope of the Orders The products covered by these orders are certain steel grating, consisting of two or more pieces of steel, including load-bearing pieces and cross pieces, joined by any assembly process, regardless of: (1) Size or shape; (2) method of manufacture; (3) metallurgy (carbon, alloy, or stainless); (4) the 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 31012 (June 1, 2015). 2 See Certain Steel Grating From China; Institution of Five-Year Reviews, 80 FR 31071 (June 1, 2015). 3 See Certain Steel Grating from the People's Republic of China: Antidumping Duty Order, 75 FR 43143 (July 23, 2010); and Certain Steel Grating from the People's Republic of China: Countervailing Duty Order, 75 FR 43144 (July 23, 2010). 4 See Certain Steel Grating From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 80 FR 60119 (October 5, 2015), and Certain Steel Grating From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 80 FR 60120 (October 5, 2015). 5 See Certain Steel Grating From the People's Republic of China, 80 FR 68334 (November 4, 2015). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 profile of the bars; and (5) whether or not they are galvanized, painted, coated, clad or plated. Steel grating is also commonly referred to as ‘‘bar grating,’’ although the components may consist of steel other than bars, such as hot-rolled sheet, plate, or wire rod. The scope of the orders excludes expanded metal grating, which is comprised of a single piece or coil of sheet or thin plate steel that has been slit and expanded, and does not involve welding or joining of multiple pieces of steel. The scope of the orders also excludes plank type safety grating which is comprised of a single piece or coil of sheet or thin plate steel, typically in thickness of 10 to 18 gauge, that has been pierced and cold formed, and does not involve welding or joining of multiple pieces of steel. Certain steel grating that is the subject of the orders is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.90.7000. While the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the orders is dispositive. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, and revocation of the CVD order would likely lead to continuation or recurrence of countervailable subsidies and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD and CVD orders on steel grating from the PRC. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the AD and CVD orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of this continuation notice. These five-year sunset reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). E:\FR\FM\12NON1.SGM 12NON1 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices Dated: November 5, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. any interested party. We did not receive a hearing request. Scope of the Order [FR Doc. 2015–28755 Filed 11–10–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On July 8, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on lightwalled rectangular pipe and tube from Mexico.1 The review covers one producer/exporter of the subject merchandise, Perfiles y Herrajes LM, S.A. de C.V. (Perfiles). The period of review (POR) is August 1, 2013, through July 31, 2014. As a result of our analysis of the comments received, these final results differ from the Preliminary Results. For the final weighted-average dumping margins, see the ‘‘Final Results of Review’’ section below. DATES: Effective Date: November 12, 2015. AGENCY: FOR FURTHER INFORMATION CONTACT: Brian Davis or Emily Maloof, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7924 or (202) 482– 5649, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES Background On July 8, 2015, the Department published the Preliminary Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on the Preliminary Results. On August 7, 2015, Perfiles submitted a timely case brief.2 We received no additional case or rebuttal briefs from 1 See Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013±2014, 80 FR 39055 (July 8, 2015) (Preliminary Results). 2 See Letter to the Department, ‘‘Light-Walled Rectangular Pipe and Tube from Mexico for the 2013–2014 Review Period—Case Brief of Perfiles y Herrajes LM, S.A. de C.V.’’, dated August 7, 2015. VerDate Sep<11>2014 18:15 Nov 10, 2015 Jkt 238001 The scope of this order covers certain welded carbon-quality light-walled steel pipe and tube, of rectangular (including square) cross section, having a wall thickness of less than 4 mm. The welded carbon-quality rectangular pipe and tube subject to the order is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080 and 8504.90.9540.3 Analysis of Comments Received All issues raised in the case brief by Perfiles in this administrative review are addressed in the Issues and Decision Memorandum.4 A list of the issues that Perfiles raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on-file electronically via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement. trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 69941 include certain sales in our analysis that were inadvertently omitted in the Preliminary Results.5 Final Results of Review The weighted-average dumping margin for the period August 1, 2013, through July 31, 2014, is as follows: Manufacturer/exporter Weightedaverage margin (percent) Perfiles ........................................ 0.00 Duty Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in this review, in accordance with 19 CFR 351.212(b). Because we have calculated a zero margin for Perfiles in the final results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.6 This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see the Automatic Assessment Clarification. The Department intends to issue assessment instructions directly to CBP 41 days after publication of the final results of this review. Based on a review of the record and comments received from Perfiles regarding our Preliminary Results, we recalculated Perfiles’ weighted-average dumping margin for these final results. In particular, we revised our comparison program to address certain programming errors, including errors related to discounts and rebates, and to account for certain insurance expenses. We also revised our margin program to Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Perfiles noted above will be the rate established in the final results of this administrative 3 For a full description of the scope of the order, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, titled ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 2013–2014’’ (Issues and Decision Memorandum), which is issued concurrent with and hereby adopted by this notice. 4 Id. 5 See Memorandum from Emily Maloof to the File, regarding ‘‘Analysis of Data Submitted by Perfiles y Herrajes LM, S.A. de C.V. in the Final Results of the Administrative Review of the Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 2013– 2014’’ (Perfiles Final Analysis Memorandum), dated November 4, 2015 at section ‘‘Changes from the Preliminary Results,’’ for further information. 6 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification). Changes Since the Preliminary Results PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69940-69941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28755]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-947; C-570-948]


Certain Steel Grating From the People's Republic of China: 
Continuation of the Antidumping Duty Order and Countervailing Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (the ITC) have determined that 
revocation of the antidumping duty (AD) order on certain steel grating 
(steel grating) from the People's Republic of China (PRC) would likely 
lead to continuation or recurrence of dumping and material injury to an 
industry in the United States. The Department and the ITC have also 
determined that revocation of the countervailing duty (CVD) order on 
steel grating from the PRC would likely lead to continuation or 
recurrence of net countervailable subsidies and material injury to an 
industry in the United States. Therefore, the Department is publishing 
a notice of continuation for these AD and CVD orders.

DATES: Effective Date: November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney (AD Order), AD/CVD 
Operations, Office IV, or Toni Page (CVD Order), AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2015, the Department initiated \1\ and the ITC 
instituted \2\ five-year (sunset) reviews of the AD and CVD orders on 
steel grating from the PRC,\3\ pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). As a result of its reviews, the 
Department determined that revocation of the AD order would likely lead 
to continuation or recurrence of dumping and that revocation of the CVD 
order would likely lead to continuation or recurrence of net 
countervailable subsidies. Therefore, the Department notified the ITC 
of the magnitude of the margins and the subsidy rates likely to prevail 
should the orders be revoked, pursuant to sections 751(c)(1) and 752(b) 
and (c) of the Act.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 31012 
(June 1, 2015).
    \2\ See Certain Steel Grating From China; Institution of Five-
Year Reviews, 80 FR 31071 (June 1, 2015).
    \3\ See Certain Steel Grating from the People's Republic of 
China: Antidumping Duty Order, 75 FR 43143 (July 23, 2010); and 
Certain Steel Grating from the People's Republic of China: 
Countervailing Duty Order, 75 FR 43144 (July 23, 2010).
    \4\ See Certain Steel Grating From the People's Republic of 
China: Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 80 FR 60119 (October 5, 2015), and Certain 
Steel Grating From the People's Republic of China: Final Results of 
Expedited First Sunset Review of the Countervailing Duty Order, 80 
FR 60120 (October 5, 2015).
---------------------------------------------------------------------------

    On November 4, 2015, the ITC published its determination that 
revocation of the AD and CVD orders on steel grating from the PRC would 
likely lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time, 
pursuant to section 751(c) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Certain Steel Grating From the People's Republic of 
China, 80 FR 68334 (November 4, 2015).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are certain steel grating, 
consisting of two or more pieces of steel, including load-bearing 
pieces and cross pieces, joined by any assembly process, regardless of: 
(1) Size or shape; (2) method of manufacture; (3) metallurgy (carbon, 
alloy, or stainless); (4) the profile of the bars; and (5) whether or 
not they are galvanized, painted, coated, clad or plated. Steel grating 
is also commonly referred to as ``bar grating,'' although the 
components may consist of steel other than bars, such as hot-rolled 
sheet, plate, or wire rod.
    The scope of the orders excludes expanded metal grating, which is 
comprised of a single piece or coil of sheet or thin plate steel that 
has been slit and expanded, and does not involve welding or joining of 
multiple pieces of steel. The scope of the orders also excludes plank 
type safety grating which is comprised of a single piece or coil of 
sheet or thin plate steel, typically in thickness of 10 to 18 gauge, 
that has been pierced and cold formed, and does not involve welding or 
joining of multiple pieces of steel.
    Certain steel grating that is the subject of the orders is 
currently classifiable in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheading 7308.90.7000. While the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of the orders is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, and revocation of the CVD order would likely lead to 
continuation or recurrence of countervailable subsidies and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby 
orders the continuation of the AD and CVD orders on steel grating from 
the PRC. U.S. Customs and Border Protection will continue to collect AD 
and CVD cash deposits at the rates in effect at the time of entry for 
all imports of subject merchandise.
    The effective date of the continuation of the AD and CVD orders 
will be the date of publication in the Federal Register of this notice 
of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), the Department intends to initiate the next five-year 
review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of this continuation notice.
    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).


[[Page 69941]]


    Dated: November 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28755 Filed 11-10-15; 8:45 am]
 BILLING CODE 3510-DS-P