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]

Download as PDF 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 khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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 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 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 http://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\10SEN1.SGM 10SEN1 47492 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices 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 khammond on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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). E:\FR\FM\10SEN1.SGM 10SEN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices 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 VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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, E:\FR\FM\10SEN1.SGM 10SEN1 khammond on DSKBBV9HB2PROD with NOTICES 47494 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices 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. VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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]


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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 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 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).
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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.
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    \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).
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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.
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    \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 http://enforcement.trade.gov/policy/bull05-1.pdf.
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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
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    \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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    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.
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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.
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    \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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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
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                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