Certain Fabricated Structural Steel From Canada: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 47481-47484 [2019-19511]

Download as PDF Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices Trade Expansion Act of 1962 (Section 232) and Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 232 and Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is October 21, 2019. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Wedderburn at Chris.Wedderburn@trade.gov or (202) 482–1963. Dated: September 3, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–19508 Filed 9–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–864] Certain Fabricated Structural Steel From Canada: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain fabricated structural steel (fabricated structural steel) from Canada is not being, or is not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Applicable September 10, 2019. FOR FURTHER INFORMATION CONTACT: David Goldberger or Ajay Menon, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4136 or (202) 482–1993, respectively. khammond on DSKBBV9HB2PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on March 4, 2019.1 On July 1, 2019, Commerce postponed the preliminary determination of this investigation and the revised deadline is now September 3, 2019.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to 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 (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is fabricated structural steel from Canada. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted on the 1 See Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigations, 84 FR 7330 (March 4, 2019) (Initiation Notice). 2 See Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 84 FR 31301 (July 1, 2019). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Fabricated Structural Steel from Canada’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 83 FR at 7331. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 47481 record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memoranda.6 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Commerce calculated constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Determination For this preliminary determination, Commerce calculated a zero or de minimis estimated weighted-average dumping margin for each individually examined producer and/or exporter of the subject merchandise. Consistent with section 733(b)(3) of the Act, Commerce disregards de minimis rates and preliminarily determines that these individually examined respondents with de minimis rates have not made sales of subject merchandise at LTFV. Exporter/producer Estimated weightedaverage dumping margin (percent) Les Constructions BeauceAtlas, Inc 7. Canatal Industries, Inc ......... 0.69 (de minimis). 0.00. Consistent with section 733(d) of the Act, Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters because it has not made an 6 See Memorandum, ‘‘Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated July 5, 2019; see also Memorandum, ‘‘Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Second Preliminary Scope Memorandum,’’ dated concurrently with this notice (collectively, Preliminary Scope Decision Memoranda). 7 Commerce preliminarily determined that Beauce-Atlas, Fabrication Beauce-Atlas, and Structure Beauce-Atlas are a single entity. See Memorandum, ‘‘Antidumping Duty Investigation of Fabricated Structural Steel from Canada: Les Constructions Beauce-Atlas Preliminary Affiliation and Collapsing Memorandum,’’ dated August 9, 2019. E:\FR\FM\10SEN1.SGM 10SEN1 47482 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices affirmative preliminary determination of sales at LTFV. Suspension of Liquidation Because Commerce has made a negative preliminary determination of sales at LTFV with regard to subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation or to require a cash deposit of estimated antidumping duties for any such entries. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. khammond on DSKBBV9HB2PROD with NOTICES Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Interested parties may address Commerce’s preliminary scope determinations in scope briefs which may be submitted no later than 21 days after the publication of the preliminary antidumping duty (AD) determinations on fabricated structural steel from Canada, China, and Mexico in the Federal Register. Scope rebuttal briefs, limited to issues raised in the scope case briefs, may be submitted no later than five days after the deadline for the scope case briefs. These deadlines, which are based on publication in the Federal Register of the preliminary determinations in the AD investigations of fabricated structural steel, apply to both the on-going AD and countervailing duty (CVD) fabricated 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 structural steel investigations. Thus, there is only one briefing schedule for scope case and rebuttal briefs in the AD and CVD fabricated structural steel investigations. For all scope issues, parties must file separate and identical documents on the records of all of the ongoing AD and CVD investigations of fabricated structural steel from Canada, China, and Mexico through ACCESS. No new factual information may be included in scope case or rebuttal briefs. Parties should include all arguments about scope-related issues in the scope case and rebuttal briefs. Commerce does not intend to permit arguments about scope-related issues in the investigationspecific case and rebuttal briefs regarding other issues. Should these investigations result in the imposition of orders, interested parties may submit requests for a scope ruling after the publication of any such orders in the Federal Register. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 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. Postponement of Final Determination Section 735(a)(2)(B) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. On July 23, 2019, the petitioner requested that Commerce postpone the final determination.9 In accordance with section 735(a)(2)(B) of the Act, because the preliminary determination is negative, and the petitioner has requested the postponement of the final 9 See Petitioner’s Letter, ‘‘Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Request to Extend Final Determination,’’ dated July 23, 2019. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 determination, Commerce is postponing the final determination. Accordingly, Commerce will make its final determination by no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine 75 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties 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: September 3, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by the investigation is carbon and alloy fabricated structural steel. Fabricated structural steel is made from steel in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is two percent or less by weight. Fabricated structural steel products are steel products that have been fabricated for erection or assembly into structures, including, but not limited to, buildings (commercial, office, institutional, and multifamily residential); industrial and utility projects; parking decks; arenas and convention centers; medical facilities; and ports, transportation and infrastructure facilities. Fabricated structural steel is manufactured from carbon and alloy (including stainless) steel products such as angles, columns, beams, girders, plates, flange shapes (including manufactured structural shapes utilizing welded plates as a substitute for rolled wide flange sections), channels, hollow structural section (HSS) shapes, base plates, and plate-work components. Fabrication includes, but is not limited to cutting, drilling, welding, joining, bolting, bending, punching, pressure fitting, molding, grooving, adhesion, beveling, and riveting and may include items such as fasteners, nuts, bolts, rivets, screws, hinges, or joints. The inclusion, attachment, joining, or assembly of non-steel components with fabricated structural steel does not remove the fabricated structural steel from the scope. Fabricated structural steel is covered by the scope of the investigation regardless of whether it is painted, varnished, or coated E:\FR\FM\10SEN1.SGM 10SEN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices with plastics or other metallic or nonmetallic substances and regardless of whether it is assembled or partially assembled, such as into modules, modularized construction units, or subassemblies of fabricated structural steel. Subject merchandise includes fabricated structural steel that has been assembled or further processed in the subject country or a third country, including but not limited to painting, varnishing, trimming, cutting, drilling, welding, joining, bolting, punching, bending, beveling, riveting, galvanizing, coating, and/or slitting or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the fabricated structural steel. All products that meet the written physical description of the merchandise covered by the investigation are within the scope of the investigation unless specifically excluded or covered by the scope of an existing antidumping duty order. Specifically excluded from the scope of the investigation are: 1. Fabricated steel concrete reinforcing bar (rebar) if: (i) It is a unitary piece of fabricated rebar, not joined, welded, or otherwise connected with any other steel product or part; or (ii) it is joined, welded, or otherwise connected only to other rebar. 2. Fabricated structural steel for bridges and bridge sections that meets American Association of State and Highway and Transportation Officials (AASHTO) bridge construction requirements or any state or local derivatives of the AASHTO bridge construction requirements. 3. Pre-engineered metal building systems, which are defined as complete metal buildings that integrate steel framing, roofing and walls to form one, pre-engineered building system, that meet Metal Building Manufacturers Association guide specifications. Pre-engineered metal building systems are typically limited in height to no more than 60 feet or two stories. 4. Steel roof and floor decking systems that meet Steel Deck Institute standards. 5. Open web steel bar joists and joist girders that meet Steel Joist Institute specifications. 6. Also excluded from the scope of the investigation is scaffolding, and parts and accessories thereof, that comply with ANSI/ ASSE A10.8—2011—Scaffolding Safety Requirements, and/or Occupational Safety and Health Administration regulations at 29 CFR part 1926 subpart L—Scaffolds. The outside diameter of the scaffold tubing covered by this exclusion ranges from 25mm to 150mm. 7. Excluded from the scope of the investigation are access flooring systems panels and accessories, where such panels have a total thickness ranging from 0.75 inches to 1.75 inches and consist of concrete, wood, other non-steel materials, or hollow space permanently attached to a top and bottom layer of galvanized or painted steel sheet or formed coil steel, the whole of which has been formed into a square or rectangle having a measurement of 24 inches on each side +/¥ 0.1 inch; 24 inches by 30 inches +/ ¥ 0.1 inch; or 24 by 36 inches +/¥ 0.1 inch. VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 8. Excluded from the investigation are the following types of steel poles, segments of steel poles, and steel components of those poles: • Steel Electric Transmission Poles, or segments of such poles, that meet (1) the American Society of Civil Engineers (ASCE)—Design of Steel Transmission Pole Structures, ASCE/SEI 48 or (2) the USDA RUS bulletin 1724E–214 Guide specification for standard class Steel Transmission Poles. The exclusion for steel electric transmission poles also encompasses the following components thereof: Transmission arms which attach to poles; pole bases; angles that do not exceed 8″ x 8″ x 0.75″; steel vangs, steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates. • Steel Electric Substation Poles, or segments of such poles, that meet the American Society of Civil Engineers (ASCE)—Manuals and Reports on Engineering Practice No. 113. The exclusion for steel electric substation poles also encompasses the following components thereof: Substation dead end poles; substation bus stands; substation mast poles, arms, and cross-arms; steel brackets, steel flanges, and steel caps; pole bases; safety climbing cables; ladders; and steel templates. • Steel Electric Distribution Poles, or segments of such poles, that meet (1) American Society of Civil Engineers (ASCE)—Design of Steel Transmission Pole Structures, ASCE/SEI 48, (2) USDA RUS bulletin 1724E–204 Guide specification for steel single pole and H-frame structures, or (3) ANSI 05.1 height and class requirements for steel poles. The exclusion for steel electric distribution poles also encompasses the following components thereof: Distribution arms and cross-arms; pole bases; angles that do not exceed 8″ x 8″ x 0.75″; steel vangs, steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates. • Steel Traffic Signal Poles, Steel Roadway Lighting Poles, Steel Parking Lot Lighting Poles, and Steel Sports Lighting Poles, or segments of such poles, that meet (1) the American Association of State Highway and Transportation Officials (AASHTO)— Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, (2) any state or local derivatives of the AASHTO highway sign, luminaries, and traffic signals requirements, or (3) American National Standard Institute (ANSI) C136— American National Standard for Roadway and Area Lighting Equipment standards. The exclusion for steel traffic signal poles, steel roadway lighting poles, steel parking lot lighting poles, and steel sports lighting poles also encompasses the following components thereof: Luminaire arms; hand hole rims; hand hole covers; base plates that connect to either the shaft or the arms; mast arm clamps; mast arm tie rods; transformer base boxes; formed full base covers that hide anchor bolts; step lugs; internal cable guides; lighting cross arms; lighting service platforms; angles that do not exceed 8″ x 8″ x 0.75″; stainless steel hand hole door hinges and wind restraints; steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 47483 • Communication Poles, or segments of such poles, that meet (1) Telecommunications Industry Association (TIA) ANSI/TIA–222 Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, or (2) American Association of State Highway and Transportation Officials (AASHTO)— Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals. The exclusion for communication poles also encompasses the following components thereof: Luminaire arms; hand hole rims; hand hole covers; base plate that connects the pole to the foundation or arm to the pole; safety climbing cables; ladders; service ground platforms; step lugs; pole steps; steel brackets, steel flanges, and steel caps; angles that do not exceed 8″ x 8″ x 0.75″, coax, and safety brackets; subcomponent kits for antenna mounts weighing 80 lbs. or less; service platforms; ice bridges; stainless steel hand hole door hinges and wind restraints; and steel templates. • OEM Round or Polygonal Tapered Steel Poles, segments or shaft components of such poles, that meet the (1) ASCE 48 or AASHTO, (2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E–204, or (5) RUS bulletin 1724E–214. The exclusion for OEM round or polygonal tapered steel poles also encompasses the following components thereof: Subcomponent kits for antenna mounts weighing 80 lbs. or less; mounts and platforms; steel brackets, steel flanges, and steel caps; angles that do not exceed 8″ x 8″ x 0.75″; bridge kits; safety climbing cables; ladders; and steel templates. The inclusion or attachment of one or more of the above-referenced steel poles in a structure containing fabricated structural steel (FSS) does not remove the FSS from the scope of the investigation. No language included in this exclusion should be read or understood to have applicability to any other aspect of this scope or to have applicability to or to exclude any product, part, or component other than those specifically identified in the exclusion. 9. Also excluded from the scope of the investigation are Shuttering, Formworks, Propping and Shoring and parts and accessories thereof that comply with ANSI/ ASSE A10.9—Safety Requirements for Concrete and Masonry Work and ACI–347— Recommended Practice for Concrete Formwork. For Shoring and propping made from tube, the outside diameter of the tubing covered by this exclusion ranges from 48mm to 250mm. For Shuttering and Formworks, the panel sizes covered by this exclusion range from 25mm X 600mm to 3000mm X 3000mm. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and 7308.90.9590. The products subject to the investigation may also enter under the following HTSUS subheadings: 7216.91.0010, 7216.91.0090, 7216.99.0010, 7216.99.0090, 7222.40.6000, 7228.70.6000, 7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000, 7308.90.9530, and 9406.90.0030. E:\FR\FM\10SEN1.SGM 10SEN1 47484 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of the Final Determination V. Scope Comments VI. Scope of the Investigation VII. Affiliation and Collapsing VIII. Discussion of the Methodology IX. Date of Sale X. Universe of Sales Examined XI. Product Comparisons XII. Export Price/Constructed Export Price XIII. Normal Value/Constructed Value XIV. Currency Conversion XV. Recommendation [FR Doc. 2019–19511 Filed 9–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of NAFTA Panel Decision United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of NAFTA Interim Panel Decision and Order in the matter of Softwood Lumber from Canada (Secretariat File Number: USA–CDA– 2018–1904–03). AGENCY: On September 4, 2019, the Binational Panel issued its Interim Decision and Order in the matter of Softwood Lumber from Canada. The Binational Panel affirmed in part and remanded in part the Final Determination by the United States International Trade Commission (Commission). FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of Article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established NAFTA Rules of khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 Procedure for Article 1904 Binational Panel Reviews (Rules) and the NAFTA Panel Decision has been notified in accordance with Rule 70. For the complete Rules, please see https:// www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/ Article-1904. Panel Decision: On September 4, 2019, the Binational Panel issued its Interim Decision and Order which affirmed in part and remanded in part the Final Determination by United States International Trade Commission. In accordance with NAFTA Article 1904.8, for reasons more fully set forth in within the Analysis section of the Decision (which shall be controlling in the event of conflict), and based upon the evidence in the administrative record, the applicable law, the written submissions of the Parties, and oral argument at the Panel’s hearing, the Panel remands the Commission’s determinations as follows: With respect to the Business Cycle and Conditions of Competition, the Panel remands this issue to the Commission and directs the Commission to reconsider the record evidence in relation to the business cycle(s) distinctive to the U.S. lumber industry, and to apply its findings in its analysis of volume, price effects, impact, and causation. With respect to the use of PostPetition data, the Panel remands the Commission’s decision to reduce the weight it accorded to interim 2017 data and directs the Commission to provide a reasoned determination on whether or not to reduce the weight accorded to interim 2017 data; The Panel directs the Commission to clarify whether or not it is also reducing the weight accorded to third- and fourth-quarter 2017 data. If, upon reconsideration, the Commission decides to reduce the weight given to post-petition data, the Commission is further directed to clarify what weight, if any, it is giving to post-petition data and the reasons for this determination. With respect to the Substitutability conclusions, the Panel remands the matter to the Commission, and directs it to reconsider its calculation of substitution elasticity, explaining how it reached its conclusion and demonstrating how that conclusion was applied in the Commission’s analysis of volume, price effects, impact, and causation; and demonstrate how, and to what extent, the limitations to substitutability implied in its conclusion that the goods were ‘‘at least moderately substitutable’’ factored into the Commission’s analysis of volume, price effects, impact, and causation. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 With respect to the Volume analysis, the Panel remands this determination to the Commission and directs the Commission to consider all record evidence to demonstrate how, and to what extent, the limitations to substitutability implied in its conclusion that the goods were ‘‘at least moderately substitutable’’ factored into its conclusion that subject imports experienced significant gains in market share directly at the expense of the domestic industry. The Panel directs the Commission to further reconsider its volume analysis as the Commission determines appropriate. With respect to the Price Effects analysis, as to the Domestic Capacity aspect of the price suppression analysis, the Panel remands this determination to the Commission and directs the Commission to consider whether to take the more recent Forest Economic Advisors (‘‘FEA’’) data into account in its domestic capacity analysis, explain its decision, and, if it decides to take the updated FEA data into account, reconsider its price effects analysis as it determines is appropriate. As to the Different Softwood Species aspect of the price suppression analysis, the Panel remands this determination to the Commission and directs the Commission to reconsider its conclusion that the prices of different species closely track each other to take into consideration that price movements of one species ‘‘affect’’ prices of other species, the existence of a ‘‘great difference in price movement’’ of one species compared to another, and that prices for different species ‘‘generally track’’ each other, as well as any other record evidence, and to determine what effect such reconsideration has on its price suppression analysis. As to the Cost of Goods Sold (‘‘COGS’’) and Pricing Trends aspect of the price suppression issue, the Panel remands this determination to the Commission and directs the Commission to reconsider its COGS and price trends analysis to take into account the Commission’s finding that subject imports and domestic products are at least moderately substitutable, and determine what effect such reconsideration has on its finding that subject imports prevented price increases which otherwise would have occurred to a significant degree. With respect to the Questionnaire Responses aspect of the price suppression analysis, the Panel remands this determination to the Commission and directs the Commission to reconsider the record evidence, its conclusion that purchasers confirmed purchasing subject imports rather than E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Pages 47481-47484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19511]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-864]


Certain Fabricated Structural Steel From Canada: Preliminary 
Negative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain fabricated structural steel (fabricated structural steel) 
from Canada is not being, or is not likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is January 1, 2018 through December 31, 2018. Interested parties 
are invited to comment on this preliminary determination.

DATES: Applicable September 10, 2019.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Ajay Menon, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-1993, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 4, 
2019.\1\ On July 1, 2019, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
September 3, 2019.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to 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 (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \1\ See Certain Fabricated Structural Steel from Canada, Mexico, 
and the People's Republic of China: Initiation of Less-Than-Fair-
Value Investigations, 84 FR 7330 (March 4, 2019) (Initiation 
Notice).
    \2\ See Certain Fabricated Structural Steel from Canada, Mexico, 
and the People's Republic of China: Postponement of Preliminary 
Determinations of Antidumping Duty Investigations, 84 FR 31301 (July 
1, 2019).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Fabricated Structural Steel from Canada'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is fabricated structural 
steel from Canada. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted on the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memoranda.\6\ 
Commerce is preliminarily modifying the scope language as it appeared 
in the Initiation Notice. See the revised scope in Appendix I to this 
notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 83 FR at 7331.
    \6\ See Memorandum, ``Fabricated Structural Steel from Canada, 
Mexico, and the People's Republic of China: Preliminary Scope 
Decision Memorandum,'' dated July 5, 2019; see also Memorandum, 
``Fabricated Structural Steel from Canada, Mexico, and the People's 
Republic of China: Second Preliminary Scope Memorandum,'' dated 
concurrently with this notice (collectively, Preliminary Scope 
Decision Memoranda).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Commerce calculated 
constructed export prices have been calculated in accordance with 
section 772(b) of the Act. Normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

Preliminary Determination

    For this preliminary determination, Commerce calculated a zero or 
de minimis estimated weighted-average dumping margin for each 
individually examined producer and/or exporter of the subject 
merchandise. Consistent with section 733(b)(3) of the Act, Commerce 
disregards de minimis rates and preliminarily determines that these 
individually examined respondents with de minimis rates have not made 
sales of subject merchandise at LTFV.

------------------------------------------------------------------------
                                            Estimated weighted- average
            Exporter/producer                dumping margin (percent)
------------------------------------------------------------------------
Les Constructions Beauce-Atlas, Inc \7\.  0.69 (de minimis).
Canatal Industries, Inc.................  0.00.
------------------------------------------------------------------------

    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an

[[Page 47482]]

affirmative preliminary determination of sales at LTFV.
---------------------------------------------------------------------------

    \7\ Commerce preliminarily determined that Beauce-Atlas, 
Fabrication Beauce-Atlas, and Structure Beauce-Atlas are a single 
entity. See Memorandum, ``Antidumping Duty Investigation of 
Fabricated Structural Steel from Canada: Les Constructions Beauce-
Atlas Preliminary Affiliation and Collapsing Memorandum,'' dated 
August 9, 2019.
---------------------------------------------------------------------------

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for any such 
entries.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties may address Commerce's preliminary scope 
determinations in scope briefs which may be submitted no later than 21 
days after the publication of the preliminary antidumping duty (AD) 
determinations on fabricated structural steel from Canada, China, and 
Mexico in the Federal Register. Scope rebuttal briefs, limited to 
issues raised in the scope case briefs, may be submitted no later than 
five days after the deadline for the scope case briefs. These 
deadlines, which are based on publication in the Federal Register of 
the preliminary determinations in the AD investigations of fabricated 
structural steel, apply to both the on-going AD and countervailing duty 
(CVD) fabricated structural steel investigations. Thus, there is only 
one briefing schedule for scope case and rebuttal briefs in the AD and 
CVD fabricated structural steel investigations. For all scope issues, 
parties must file separate and identical documents on the records of 
all of the ongoing AD and CVD investigations of fabricated structural 
steel from Canada, China, and Mexico through ACCESS. No new factual 
information may be included in scope case or rebuttal briefs.
    Parties should include all arguments about scope-related issues in 
the scope case and rebuttal briefs. Commerce does not intend to permit 
arguments about scope-related issues in the investigation-specific case 
and rebuttal briefs regarding other issues. Should these investigations 
result in the imposition of orders, interested parties may submit 
requests for a scope ruling after the publication of any such orders in 
the Federal Register.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 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.

Postponement of Final Determination

    Section 735(a)(2)(B) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioner. On July 23, 2019, the petitioner requested that 
Commerce postpone the final determination.\9\ In accordance with 
section 735(a)(2)(B) of the Act, because the preliminary determination 
is negative, and the petitioner has requested the postponement of the 
final determination, Commerce is postponing the final determination. 
Accordingly, Commerce will make its final determination by no later 
than 135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.
---------------------------------------------------------------------------

    \9\ See Petitioner's Letter, ``Certain Fabricated Structural 
Steel from Canada, Mexico, and the People's Republic of China: 
Request to Extend Final Determination,'' dated July 23, 2019.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine 75 days after the final determination whether these imports 
are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    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: September 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by the investigation is carbon and alloy 
fabricated structural steel. Fabricated structural steel is made 
from steel in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is two 
percent or less by weight. Fabricated structural steel products are 
steel products that have been fabricated for erection or assembly 
into structures, including, but not limited to, buildings 
(commercial, office, institutional, and multi-family residential); 
industrial and utility projects; parking decks; arenas and 
convention centers; medical facilities; and ports, transportation 
and infrastructure facilities. Fabricated structural steel is 
manufactured from carbon and alloy (including stainless) steel 
products such as angles, columns, beams, girders, plates, flange 
shapes (including manufactured structural shapes utilizing welded 
plates as a substitute for rolled wide flange sections), channels, 
hollow structural section (HSS) shapes, base plates, and plate-work 
components. Fabrication includes, but is not limited to cutting, 
drilling, welding, joining, bolting, bending, punching, pressure 
fitting, molding, grooving, adhesion, beveling, and riveting and may 
include items such as fasteners, nuts, bolts, rivets, screws, 
hinges, or joints.
    The inclusion, attachment, joining, or assembly of non-steel 
components with fabricated structural steel does not remove the 
fabricated structural steel from the scope.
    Fabricated structural steel is covered by the scope of the 
investigation regardless of whether it is painted, varnished, or 
coated

[[Page 47483]]

with plastics or other metallic or non-metallic substances and 
regardless of whether it is assembled or partially assembled, such 
as into modules, modularized construction units, or sub-assemblies 
of fabricated structural steel.
    Subject merchandise includes fabricated structural steel that 
has been assembled or further processed in the subject country or a 
third country, including but not limited to painting, varnishing, 
trimming, cutting, drilling, welding, joining, bolting, punching, 
bending, beveling, riveting, galvanizing, coating, and/or slitting 
or any other processing that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the fabricated structural steel.
    All products that meet the written physical description of the 
merchandise covered by the investigation are within the scope of the 
investigation unless specifically excluded or covered by the scope 
of an existing antidumping duty order.
    Specifically excluded from the scope of the investigation are:
    1. Fabricated steel concrete reinforcing bar (rebar) if: (i) It 
is a unitary piece of fabricated rebar, not joined, welded, or 
otherwise connected with any other steel product or part; or (ii) it 
is joined, welded, or otherwise connected only to other rebar.
    2. Fabricated structural steel for bridges and bridge sections 
that meets American Association of State and Highway and 
Transportation Officials (AASHTO) bridge construction requirements 
or any state or local derivatives of the AASHTO bridge construction 
requirements.
    3. Pre-engineered metal building systems, which are defined as 
complete metal buildings that integrate steel framing, roofing and 
walls to form one, pre-engineered building system, that meet Metal 
Building Manufacturers Association guide specifications. Pre-
engineered metal building systems are typically limited in height to 
no more than 60 feet or two stories.
    4. Steel roof and floor decking systems that meet Steel Deck 
Institute standards.
    5. Open web steel bar joists and joist girders that meet Steel 
Joist Institute specifications.
    6. Also excluded from the scope of the investigation is 
scaffolding, and parts and accessories thereof, that comply with 
ANSI/ASSE A10.8--2011--Scaffolding Safety Requirements, and/or 
Occupational Safety and Health Administration regulations at 29 CFR 
part 1926 subpart L--Scaffolds. The outside diameter of the scaffold 
tubing covered by this exclusion ranges from 25mm to 150mm.
    7. Excluded from the scope of the investigation are access 
flooring systems panels and accessories, where such panels have a 
total thickness ranging from 0.75 inches to 1.75 inches and consist 
of concrete, wood, other non-steel materials, or hollow space 
permanently attached to a top and bottom layer of galvanized or 
painted steel sheet or formed coil steel, the whole of which has 
been formed into a square or rectangle having a measurement of 24 
inches on each side +/- 0.1 inch; 24 inches by 30 inches +/- 0.1 
inch; or 24 by 36 inches +/- 0.1 inch.
    8. Excluded from the investigation are the following types of 
steel poles, segments of steel poles, and steel components of those 
poles:
     Steel Electric Transmission Poles, or segments of such 
poles, that meet (1) the American Society of Civil Engineers 
(ASCE)--Design of Steel Transmission Pole Structures, ASCE/SEI 48 or 
(2) the USDA RUS bulletin 1724E-214 Guide specification for standard 
class Steel Transmission Poles. The exclusion for steel electric 
transmission poles also encompasses the following components 
thereof: Transmission arms which attach to poles; pole bases; angles 
that do not exceed 8'' x 8'' x 0.75''; steel vangs, steel brackets, 
steel flanges, and steel caps; safety climbing cables; ladders; and 
steel templates.
     Steel Electric Substation Poles, or segments of such 
poles, that meet the American Society of Civil Engineers (ASCE)--
Manuals and Reports on Engineering Practice No. 113. The exclusion 
for steel electric substation poles also encompasses the following 
components thereof: Substation dead end poles; substation bus 
stands; substation mast poles, arms, and cross-arms; steel brackets, 
steel flanges, and steel caps; pole bases; safety climbing cables; 
ladders; and steel templates.
     Steel Electric Distribution Poles, or segments of such 
poles, that meet (1) American Society of Civil Engineers (ASCE)--
Design of Steel Transmission Pole Structures, ASCE/SEI 48, (2) USDA 
RUS bulletin 1724E-204 Guide specification for steel single pole and 
H-frame structures, or (3) ANSI 05.1 height and class requirements 
for steel poles. The exclusion for steel electric distribution poles 
also encompasses the following components thereof: Distribution arms 
and cross-arms; pole bases; angles that do not exceed 8'' x 8'' x 
0.75''; steel vangs, steel brackets, steel flanges, and steel caps; 
safety climbing cables; ladders; and steel templates.
     Steel Traffic Signal Poles, Steel Roadway Lighting 
Poles, Steel Parking Lot Lighting Poles, and Steel Sports Lighting 
Poles, or segments of such poles, that meet (1) the American 
Association of State Highway and Transportation Officials (AASHTO)--
Specifications for Structural Supports for Highway Signs, 
Luminaires, and Traffic Signals, (2) any state or local derivatives 
of the AASHTO highway sign, luminaries, and traffic signals 
requirements, or (3) American National Standard Institute (ANSI) 
C136--American National Standard for Roadway and Area Lighting 
Equipment standards. The exclusion for steel traffic signal poles, 
steel roadway lighting poles, steel parking lot lighting poles, and 
steel sports lighting poles also encompasses the following 
components thereof: Luminaire arms; hand hole rims; hand hole 
covers; base plates that connect to either the shaft or the arms; 
mast arm clamps; mast arm tie rods; transformer base boxes; formed 
full base covers that hide anchor bolts; step lugs; internal cable 
guides; lighting cross arms; lighting service platforms; angles that 
do not exceed 8'' x 8'' x 0.75''; stainless steel hand hole door 
hinges and wind restraints; steel brackets, steel flanges, and steel 
caps; safety climbing cables; ladders; and steel templates.
     Communication Poles, or segments of such poles, that 
meet (1) Telecommunications Industry Association (TIA) ANSI/TIA-222 
Structural Standards for Steel Antenna Towers and Antenna Supporting 
Structures, or (2) American Association of State Highway and 
Transportation Officials (AASHTO)--Specifications for Structural 
Supports for Highway Signs, Luminaires, and Traffic Signals. The 
exclusion for communication poles also encompasses the following 
components thereof: Luminaire arms; hand hole rims; hand hole 
covers; base plate that connects the pole to the foundation or arm 
to the pole; safety climbing cables; ladders; service ground 
platforms; step lugs; pole steps; steel brackets, steel flanges, and 
steel caps; angles that do not exceed 8'' x 8'' x 0.75'', coax, and 
safety brackets; subcomponent kits for antenna mounts weighing 80 
lbs. or less; service platforms; ice bridges; stainless steel hand 
hole door hinges and wind restraints; and steel templates.
     OEM Round or Polygonal Tapered Steel Poles, segments or 
shaft components of such poles, that meet the (1) ASCE 48 or AASHTO, 
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E-204, or (5) 
RUS bulletin 1724E-214. The exclusion for OEM round or polygonal 
tapered steel poles also encompasses the following components 
thereof: Subcomponent kits for antenna mounts weighing 80 lbs. or 
less; mounts and platforms; steel brackets, steel flanges, and steel 
caps; angles that do not exceed 8'' x 8'' x 0.75''; bridge kits; 
safety climbing cables; ladders; and steel templates.
    The inclusion or attachment of one or more of the above-
referenced steel poles in a structure containing fabricated 
structural steel (FSS) does not remove the FSS from the scope of the 
investigation. No language included in this exclusion should be read 
or understood to have applicability to any other aspect of this 
scope or to have applicability to or to exclude any product, part, 
or component other than those specifically identified in the 
exclusion.
    9. Also excluded from the scope of the investigation are 
Shuttering, Formworks, Propping and Shoring and parts and 
accessories thereof that comply with ANSI/ASSE A10.9--Safety 
Requirements for Concrete and Masonry Work and ACI-347--Recommended 
Practice for Concrete Formwork. For Shoring and propping made from 
tube, the outside diameter of the tubing covered by this exclusion 
ranges from 48mm to 250mm. For Shuttering and Formworks, the panel 
sizes covered by this exclusion range from 25mm X 600mm to 3000mm X 
3000mm.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and 
7308.90.9590.
    The products subject to the investigation may also enter under 
the following HTSUS subheadings: 7216.91.0010, 7216.91.0090, 
7216.99.0010, 7216.99.0090, 7222.40.6000, 7228.70.6000, 
7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000, 
7308.90.9530, and 9406.90.0030.

[[Page 47484]]

    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of the Final Determination
V. Scope Comments
VI. Scope of the Investigation
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Date of Sale
X. Universe of Sales Examined
XI. Product Comparisons
XII. Export Price/Constructed Export Price
XIII. Normal Value/Constructed Value
XIV. Currency Conversion
XV. Recommendation

[FR Doc. 2019-19511 Filed 9-9-19; 8:45 am]
 BILLING CODE 3510-DS-P