Certain Fabricated Structural Steel From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 47491-47495 [2019-19512]
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Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices
XVI. Recommendation
[FR Doc. 2019–19513 Filed 9–9–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–102]
Certain Fabricated Structural Steel
From the People’s Republic of China:
Preliminary 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 the
People’s Republic of China (China) is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is July 1, 2018 through December
31, 2018. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
Applicable September 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Manuel Rey, 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) 482–4987 or (202) 482–5518,
respectively.
DATES:
SUPPLEMENTARY INFORMATION:
Background
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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 published the postponement
of the preliminary determination of this
investigation, and the revised deadline
is now September 3, 2019.2 For a
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
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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 https://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 China. 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
Determinations in the Less-Than-Fair-Value
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 the People’s Republic of
China,’’ 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, 84 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
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47491
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. Export prices were
calculated in accordance with section
772(a) of the Act. Commerce calculated
constructed export prices in accordance
with section 772(b) of the Act. Because
China is a non-market economy within
the meaning of section 771(18) of the
Act, normal value (NV) was calculated
in accordance with section 773(c) of the
Act.
In addition, Commerce has relied on
facts available under section 776(a) of
the Act to determine the cash deposit
rate assigned to the China-wide entity.
Furthermore, pursuant to section 776(a)
and (b) of the Act, because the Chinawide entity did not cooperate to the best
of its ability in responding to
Commerce’s requests for data,
Commerce preliminarily has relied
upon facts otherwise available, with
adverse inferences, for the China-wide
entity. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate exporter/
producer combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8
For a list of the respondents that
established eligibility for their own
separate rates and the exporter/producer
combination rates applicable to these
respondents, see Appendix III.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Preliminary Scope Memorandum,’’ dated
concurrently with this notice (collectively,
Preliminary Scope Decision Memoranda).
7 See Initiation Notice, 84 FR at 7335–36.
8 See Enforcement and Compliance’s 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 on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
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Cash deposit
rate
(adjusted
for subsidy
offset)
(percent)
Exporter
Producer
Jinhuan Construction Group Co., Ltd ...........................
Modern Heavy Industries (Taicang) Co., Ltd ...............
Wison (Nantong) Heavy Industry Co., Ltd. or Wison
Offshore & Marine (Hong Kong) Limited 9.
Non-Individually Examined Exporters Receiving Separate Rates (see Appendix III).
Jinhuan Construction Group Co., Ltd ...........................
Modern Heavy Industries (Taicang) Co., Ltd ...............
Wison (Nantong) Heavy Industry Co., Ltd ...................
57.86
0.00
52.09
47.32
0.00
41.55
Producers Supplying the Non-Individually-Examined
Exporters Receiving Separate Rates (see Appendix
III).
China-Wide Entity .........................................................
55.76
45.22
141.38
130.84
China-Wide Entity 10 .....................................................
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register, except for entries
of subject merchandise produced and
exported by Modern Heavy. Because the
estimated weighted-average dumping
margin for Modern Heavy is zero, we are
not directing CBP to suspend
liquidation of entries of the
merchandise produced and exported by
this company.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
weighted average amount by which NV
exceeds U.S. price, and, where
appropriate, adjusted for export
subsidies and estimated domestic
subsidy pass-through as indicated in the
chart above, as follows: (1) For the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the combination listed in the
table; (2) for all combinations of Chinese
producers/exporters of merchandise
under consideration that have not
established eligibility for their own
separate rates, the cash deposit rate will
be equal to the rate established for the
China-wide entity; and (3) for all thirdcountry exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
exporter/producer combination (or the
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Estimated
weightedaverage
dumping
margin
(percent)
9 Commerce preliminarily determines that Wison
(Nantong) Heavy Industry Co., Ltd. and Wison
Offshore & Marine (Hong Kong) Limited are a single
entity. See Preliminary Decision Memorandum.
10 Commerce preliminarily determines that
various companies failed to establish their
eligibility for a separate rate and, therefore,
preliminarily determines that these companies are
part of the China-wide entity. See Preliminary
Decision Memorandum.
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16:56 Sep 09, 2019
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China-wide entity) that supplied that
third-country exporter.
Because the estimated weightedaverage dumping margin for Modern
Heavy is zero, entries of shipments of
subject merchandise from this company
will not be subject to suspension of
liquidation or cash deposit
requirements. In such situations,
Commerce applies the exclusion to the
provisional measures to the producer/
exporter combination that was
examined in the investigation.
Accordingly, Commerce is directing
CBP not to suspend liquidation of
entries of subject merchandise produced
and exported by Modern Heavy. Entries
of shipments of subject merchandise
from this company in any other
producer/exporter combination, or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combination, are
subject to the provisional measures at
the China-wide rate.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for Modern Heavy, entries of
shipments of subject merchandise from
this producer/exporter combination will
be excluded from the potential
antidumping duty order. The exclusion
is not applicable to merchandise
exported to the United States by this
respondent in any other producer/
exporter combinations or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding
or domestic subsidy pass-through, when
CVD provisional measures are in effect.
Accordingly, where Commerce
preliminarily made an affirmative
determination for domestic subsidy
pass-through or countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate(s).
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As explained in the Preliminary
Decision Memorandum, we have not
adjusted for any cash deposit rates for
domestic subsidy pass-through, but we
have adjusted rates for export subsidies.
Any such adjusted cash deposit rate
may be found in the Preliminary
Determination section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
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
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.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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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 ongoing AD and 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 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
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the hearing two days before the
scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) 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 an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final AD
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
From July 19 through July 23, 2019,
the Full Member Subgroup of the
American Institute of Steel
Construction, LLC (the petitioner),
Jinhuan Construction Group Co., Ltd.
(Jinhuan), and Modern Heavy Industries
(Taicang) Co., Ltd. (Modern Heavy)
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
12 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; see also
Jinhuan’s and Modern Heavy’s Letter, ‘‘JCG/MHI
Joint Request to Extend the Final Determination:
Antidumping Duty Investigation of Certain
Fabricated Structural Steel from the People’s
Republic of China (A–570–102),’’ dated July 19,
2019.
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47493
its preliminary determination of sales at
LTFV. If the 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 the final determination
whether imports of the subject
merchandise 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
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,
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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.
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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
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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.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
E:\FR\FM\10SEN1.SGM
10SEN1
Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices
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. Currency Conversion
X. Adjustment Under Section 777(A)(f) of the
Act
XI. Adjustments to Cash Deposit Rates for
47495
Export Subsidies
XII. Verification
XIII. Recommendation
Appendix III
LIST OF SEPARATE RATE COMPANIES
Exporter
Producer
Non-individually examined exporters receiving separate rates
Producers supplying the non-individually
examined exporters receiving separate rates
Beijing Chengdong International Modular Housing Corporation ..............
Brantingham & Carroll International Ltd. AKA BCI Engineering ..............
Brantingham & Carroll International Ltd. AKA BCI Engineering ..............
Brantingham & Carroll International Ltd. AKA BCI Engineering ..............
Shanghai Shuangyan Chemical Equipment Manufacturing Co., Ltd .......
Shanghai Yanda Engineering Co., Ltd .....................................................
WAP Intelligence Storage Equipment (Shanghai) Corp., Ltd ..................
Wuxi Hengtong Metal Framing System Co., Ltd .....................................
Wuxi Huishan Metalwork Technology Co., Ltd ........................................
Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd ....................
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
RIN 0648–XV057
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Citizen Science
Program’s Projects Advisory Committee
via webinar.
DATES: The meeting via webinar will be
held from 3 p.m. until 5 p.m. on
Thursday, October 3, 2019.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Those
interested in participating should
contact Julia Byrd (see FOR FURTHER
INFORMATION CONTACT) to request an
invitation providing webinar access
information. Please request webinar
invitations at least 24 hours in advance
of each webinar. There will be an
opportunity for public comment at the
beginning of the meeting.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
khammond on DSKBBV9HB2PROD with NOTICES
16:56 Sep 09, 2019
Jkt 247001
Dated: September 5, 2019.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
The
Citizen Science Projects Advisory
Committee serves as advisors to the
Council’s Citizen Science Program.
Committee members include
representatives from the Council’s
fishery Advisory Panels (AP), Habitat &
Ecosystem AP, and Information &
Education AP. Their responsibilities
include identifying citizen science
research and data needs across all the
Council’s fishery management plans;
assisting with development of volunteer
engagement strategies for recruiting,
training, retaining, and communicating
with volunteers; and serving as outreach
ambassadors for the Program.
During the meeting, the Committee
will receive an overview of the Citizen
Science Program including background
information and an update on the
current program. The Committee will
also review the Citizen Science
Program’s research priorities, discuss
and provide recommendations as
appropriate.
BILLING CODE 3510–22–P
SUPPLEMENTARY INFORMATION:
National Oceanic and Atmospheric
Administration
VerDate Sep<11>2014
Julia
Byrd, Citizen Science Program Manager,
SAFMC; phone: (843) 302–8433 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: julia.byrd@safmc.net.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2019–19512 Filed 9–9–19; 8:45 am]
SUMMARY:
Beijing Chengdong International Modular Housing Corporation.
Suzhou Baojia New Energy Technology Co., Ltd.
Suzhou Unique Precision Technology Co., Ltd.
Yueqing Yihua New Energy Technology Co., Ltd.
Shanghai Shuangyan Chemical Equipment Manufacturing Co., Ltd.
Shanghai Yanda Engineering Co., Ltd.
WAP Intelligence Storage Equipment (Shanghai) Corp., Ltd.
Wuxi Hengtong Metal Framing System Co., Ltd.
Wuxi Huishan Metalwork Technology Co., Ltd.
Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
auxiliary aids should be directed to the
Council office (see ADDRESSES) 5 days
prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
[FR Doc. 2019–19493 Filed 9–9–19; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; American
Lobster—Annual Trap Transfer
Program
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995.
DATES: Written comments must be
submitted on or before November 12,
2019.
SUMMARY:
Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or via the internet
at PRAcomments@doc.gov). All
comments received are part of the
public record. Comments will generally
be posted without change. All
Personally Identifiable Information (for
example, name and address) voluntarily
submitted by the commenter may be
ADDRESSES:
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Pages 47491-47495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19512]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-102]
Certain Fabricated Structural Steel From the People's Republic of
China: Preliminary 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 the People's Republic of China (China) is being, or is likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is July 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: Andrew Medley or Manuel Rey, 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) 482-4987 or (202) 482-5518,
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 published the postponement of 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 https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\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 in the Less-Than-Fair-Value 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 the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is fabricated structural
steel from China. 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 84 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).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Export prices were calculated in accordance
with section 772(a) of the Act. Commerce calculated constructed export
prices in accordance with section 772(b) of the Act. Because China is a
non-market economy within the meaning of section 771(18) of the Act,
normal value (NV) was calculated in accordance with section 773(c) of
the Act.
In addition, Commerce has relied on facts available under section
776(a) of the Act to determine the cash deposit rate assigned to the
China-wide entity. Furthermore, pursuant to section 776(a) and (b) of
the Act, because the China-wide entity did not cooperate to the best of
its ability in responding to Commerce's requests for data, Commerce
preliminarily has relied upon facts otherwise available, with adverse
inferences, for the China-wide entity. For a full description of the
methodology underlying Commerce's preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate exporter/producer combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\ For a list of the respondents that
established eligibility for their own separate rates and the exporter/
producer combination rates applicable to these respondents, see
Appendix III.
---------------------------------------------------------------------------
\7\ See Initiation Notice, 84 FR at 7335-36.
\8\ See Enforcement and Compliance's 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 on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 47492]]
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offset)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Jinhuan Construction Group Co., Ltd........ Jinhuan Construction Group Co., Ltd 57.86 47.32
Modern Heavy Industries (Taicang) Co., Ltd. Modern Heavy Industries (Taicang) 0.00 0.00
Co., Ltd.
Wison (Nantong) Heavy Industry Co., Ltd. or Wison (Nantong) Heavy Industry Co., 52.09 41.55
Wison Offshore & Marine (Hong Kong) Ltd.
Limited \9\.
Non-Individually Examined Exporters Producers Supplying the Non- 55.76 45.22
Receiving Separate Rates (see Appendix Individually-Examined Exporters
III). Receiving Separate Rates (see
Appendix III).
China-Wide Entity \10\..................... China-Wide Entity.................. 141.38 130.84
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\9\ Commerce preliminarily determines that Wison (Nantong) Heavy
Industry Co., Ltd. and Wison Offshore & Marine (Hong Kong) Limited
are a single entity. See Preliminary Decision Memorandum.
\10\ Commerce preliminarily determines that various companies
failed to establish their eligibility for a separate rate and,
therefore, preliminarily determines that these companies are part of
the China-wide entity. See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise, as described in Appendix I, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, except for entries
of subject merchandise produced and exported by Modern Heavy. Because
the estimated weighted-average dumping margin for Modern Heavy is zero,
we are not directing CBP to suspend liquidation of entries of the
merchandise produced and exported by this company.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted average amount by which NV exceeds U.S. price, and,
where appropriate, adjusted for export subsidies and estimated domestic
subsidy pass-through as indicated in the chart above, as follows: (1)
For the producer/exporter combinations listed in the table above, the
cash deposit rate is equal to the combination listed in the table; (2)
for all combinations of Chinese producers/exporters of merchandise
under consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the rate
established for the China-wide entity; and (3) for all third-country
exporters of merchandise under consideration not listed in the table
above, the cash deposit rate is the cash deposit rate applicable to the
Chinese exporter/producer combination (or the China-wide entity) that
supplied that third-country exporter.
Because the estimated weighted-average dumping margin for Modern
Heavy is zero, entries of shipments of subject merchandise from this
company will not be subject to suspension of liquidation or cash
deposit requirements. In such situations, Commerce applies the
exclusion to the provisional measures to the producer/exporter
combination that was examined in the investigation. Accordingly,
Commerce is directing CBP not to suspend liquidation of entries of
subject merchandise produced and exported by Modern Heavy. Entries of
shipments of subject merchandise from this company in any other
producer/exporter combination, or by third parties that sourced subject
merchandise from the excluded producer/exporter combination, are
subject to the provisional measures at the China-wide rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for Modern Heavy, entries of shipments of subject
merchandise from this producer/exporter combination will be excluded
from the potential antidumping duty order. The exclusion is not
applicable to merchandise exported to the United States by this
respondent in any other producer/exporter combinations or by third
parties that sourced subject merchandise from the excluded producer/
exporter combination.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding or domestic subsidy pass-through,
when CVD provisional measures are in effect. Accordingly, where
Commerce preliminarily made an affirmative determination for domestic
subsidy pass-through or countervailable export subsidies, Commerce has
offset the estimated weighted-average dumping margin by the appropriate
CVD rate(s). As explained in the Preliminary Decision Memorandum, we
have not adjusted for any cash deposit rates for domestic subsidy pass-
through, but we have adjusted rates for export subsidies. Any such
adjusted cash deposit rate may be found in the Preliminary
Determination section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
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 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.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are
[[Page 47493]]
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.
---------------------------------------------------------------------------
\11\ 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 ongoing AD and 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 and Extension of Provisional
Measures
Section 735(a)(2) 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 an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final AD
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
From July 19 through July 23, 2019, the Full Member Subgroup of the
American Institute of Steel Construction, LLC (the petitioner), Jinhuan
Construction Group Co., Ltd. (Jinhuan), and Modern Heavy Industries
(Taicang) Co., Ltd. (Modern Heavy) requested that Commerce postpone the
final determination and that provisional measures be extended to a
period not to exceed six months.\12\ In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is affirmative; (2) the requesting exporters
account for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, Commerce
is postponing the final determination and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, Commerce will make its final determination no
later than 135 days after the date of publication of this preliminary
determination.
---------------------------------------------------------------------------
\12\ 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; see
also Jinhuan's and Modern Heavy's Letter, ``JCG/MHI Joint Request to
Extend the Final Determination: Antidumping Duty Investigation of
Certain Fabricated Structural Steel from the People's Republic of
China (A-570-102),'' dated July 19, 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 of sales at LTFV. If the 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 the final
determination whether imports of the subject merchandise 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 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,
[[Page 47494]]
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.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
[[Page 47495]]
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. Currency Conversion
X. Adjustment Under Section 777(A)(f) of the Act
XI. Adjustments to Cash Deposit Rates for Export Subsidies
XII. Verification
XIII. Recommendation
Appendix III
List of Separate Rate Companies
------------------------------------------------------------------------
Exporter Producer
------------------------------------------------------------------------
Producers supplying the non-
Non-individually examined exporters individually examined
receiving separate rates exporters receiving separate
rates
------------------------------------------------------------------------
Beijing Chengdong International Modular Beijing Chengdong International
Housing Corporation. Modular Housing Corporation.
Brantingham & Carroll International Suzhou Baojia New Energy
Ltd. AKA BCI Engineering. Technology Co., Ltd.
Brantingham & Carroll International Suzhou Unique Precision
Ltd. AKA BCI Engineering. Technology Co., Ltd.
Brantingham & Carroll International Yueqing Yihua New Energy
Ltd. AKA BCI Engineering. Technology Co., Ltd.
Shanghai Shuangyan Chemical Equipment Shanghai Shuangyan Chemical
Manufacturing Co., Ltd. Equipment Manufacturing Co.,
Ltd.
Shanghai Yanda Engineering Co., Ltd.... Shanghai Yanda Engineering Co.,
Ltd.
WAP Intelligence Storage Equipment WAP Intelligence Storage
(Shanghai) Corp., Ltd. Equipment (Shanghai) Corp.,
Ltd.
Wuxi Hengtong Metal Framing System Co., Wuxi Hengtong Metal Framing
Ltd. System Co., Ltd.
Wuxi Huishan Metalwork Technology Co., Wuxi Huishan Metalwork
Ltd. Technology Co., Ltd.
Yanda (Haimen) Heavy Equipment Yanda (Haimen) Heavy Equipment
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
------------------------------------------------------------------------
[FR Doc. 2019-19512 Filed 9-9-19; 8:45 am]
BILLING CODE 3510-DS-P