Certain Fabricated Structural Steel From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 47487-47491 [2019-19513]

Download as PDF Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices parties. Also, note that Commerce’s information requirements are distinct from the Commission’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: August 19, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–19509 Filed 9–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–850] Certain Fabricated Structural Steel From Mexico: Preliminary Affirmative 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 Mexico is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable September 10, 2019. FOR FURTHER INFORMATION CONTACT: khammond on DSKBBV9HB2PROD with NOTICES Krisha Hill or Aleksandras Nakutis, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4037 or (202) 482–3147, 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 VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 on March 4, 2019.1 On July 1, 2019, Commerce postponed the preliminary determination of this investigation and the revised deadline is now September 3, 2019.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at 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 Mexico. 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 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-ThanFair-Value Investigation of Certain Fabricated Structural Steel from Mexico’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 83 FR at 7331. 6 See Memorandum, ‘‘Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 47487 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Commerce calculated constructed export prices in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences, to assign an antidumping margin to several companies that failed to properly respond to Commerce’s quantity and value questionnaire (the non-responsive companies).7 For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Section 733(d)(1)(ii) of the Act provides that Commerce shall preliminarily determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily found a zero rate for Corey S.A. de C.V./Industrias Recal S.A. de C.V.8 Therefore, the only rate that is not China: Preliminary Scope Decision Memorandum,’’ dated July 5, 2019; see also Memorandum, ‘‘Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Second Preliminary Scope Memorandum,’’ dated concurrently with this notice (collectively, Preliminary Scope Decision Memoranda). 7 The non-responsive companies are: Acero Technologia, S.A. de C.V.; Construcciones Industriales Tapia S.A. de C.V.; Estructuras Metalicas la Popular S.A. de C.V./MSCI; and Operadora CICSA, S. A. de C. V. Swecomex— Guadalajara. 8 Commerce preliminarily determines that Corey S.A. de C.V. and Industrias Recal S.A. de C.V. are a single entity, hereafter, collectively referred to as ‘‘Corey.’’ See Memorandum, ‘‘Antidumping Duty Investigation of Fabricated Structural Steel from Mexico: Preliminary Affiliation and Collapsing Memorandum for Corey S.A. de C.V.,’’ dated concurrently with this notice. E:\FR\FM\10SEN1.SGM 10SEN1 47488 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Building Systems de Mexico, S.A. de C.V. (BSM). Consequently, the rate calculated for BSM is also assigned as the rate for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Estimated weightedaverage dumping margin (percent) Exporter/producer Building Systems de Mexico, S.A. de C.V ............................................................................................ Corey S.A. de C.V./Industrias Recal S.A. de C.V ................................................................................ Acero Technologia, S.A. de C.V ........................................................................................................... Construcciones Industriales Tapia S.A. de C.V .................................................................................... Estructuras Metalicas la Popular S.A. de C.V./MSCI ........................................................................... Operadora CICSA, S. A. de C. V. Swecomex—Guadalajara .............................................................. All Others ............................................................................................................................................... Consistent with section 733(b)(3) of the Act, Commerce disregards de minimis rates and preliminarily determines that Corey, which had a de minimis rate, have not made sales of subject merchandise at LTFV. khammond on DSKBBV9HB2PROD with NOTICES 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 entries 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. 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 estimated weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weightedaverage dumping margin. Because the estimated weightedaverage dumping margin for Corey is zero or de minimis, certain entries of shipments of subject merchandise from Corey will not be subject to suspension 9 See Memorandum, ‘‘Antidumping Duty Investigation of Fabricated Structural Steel from Mexico: Preliminary Analysis Memorandum for Building Systems de Mexico, S.A. de C.V.’’ dated concurrently with this notice. VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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 Corey. Entries of shipments of subject merchandise from Corey in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded Corey producer/exporter combination, are subject to the provisional measures. Should the final estimated weightedaverage dumping margin be zero or de minimis for subject merchandise produced and exported by Corey, entries of subject merchandise produced and exported by Corey will be excluded from the potential antidumping duty order. An exclusion for subject merchandise produced and exported by Corey is not applicable to subject merchandise from Corey in any other producer/exporter combination or by third parties that sourced subject merchandise from the excluded Corey 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, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the Preliminary Determination section above. Should provisional measures in the companion CVD investigation expire PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 10.58 0 30.58 30.58 30.58 30.58 10.58 Cash deposit rate (adjusted for subsidy offset(s)) (percent) Not Applicable.9 Not Applicable. 16.96. 16.96. 16.96. 16.96. 0. 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 the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Interested parties may address Commerce’s preliminary scope 10 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 determinations in scope briefs which may be submitted no later than 21 days after the publication of the preliminary antidumping (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 the hearing two days before the scheduled date. Postponement of Final Determination 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 VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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 petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final 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 22 through July 24, 2019, the Full Member Subgroup of the American Institute of Steel Construction, LLC (the petitioner), Corey, and BSM requested that Commerce postpone the final determination.11 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 its preliminary determination. 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 these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 11 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 BSM’s Letter, ‘‘Certain Fabricated Structural Steel from Mexico: Request to Postpone Final Determination,’’ dated July 22, 2019; and Corey’s Letter, ‘‘Certain Fabricated Structural Steel from Mexico: Corey S.A. de C.V.’s Request to Postpone Final Determination,’’ dated July 24, 2019. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 47489 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, 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: E:\FR\FM\10SEN1.SGM 10SEN1 khammond on DSKBBV9HB2PROD with NOTICES 47490 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices 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 VerDate Sep<11>2014 16:56 Sep 09, 2019 Jkt 247001 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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 • 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 III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Scope of the Investigation VII. Application of Facts Available and Use of Adverse Inferences VIII. Affiliation and Collapsing IX. Discussion of the Methodology X. Date of Sale XI. Universe of Sales Examined XII. Product Comparisons XIII. Export Price/Constructed Export Price XIV. Normal Value/Constructed Value XV. Currency Conversion E:\FR\FM\10SEN1.SGM 10SEN1 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 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 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 https://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Pages 47487-47491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19513]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-850]


Certain Fabricated Structural Steel From Mexico: Preliminary 
Affirmative 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 Mexico is being, or is likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation is January 1, 
2018 through December 31, 2018. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable September 10, 2019.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Aleksandras Nakutis, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4037 or (202) 
482-3147, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 4, 
2019.\1\ On July 1, 2019, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
September 3, 2019.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at 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 Mexico'' 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 Mexico. 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, 83 FR at 7331.
    \6\ See Memorandum, ``Fabricated Structural Steel from Canada, 
Mexico, and the People's Republic of China: Preliminary Scope 
Decision Memorandum,'' dated July 5, 2019; see also Memorandum, 
``Fabricated Structural Steel from Canada, Mexico, and the People's 
Republic of China: Second Preliminary Scope Memorandum,'' dated 
concurrently with this notice (collectively, Preliminary Scope 
Decision Memoranda).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Commerce calculated 
constructed export prices in accordance with section 772(b) of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
For a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.
    Pursuant to section 776(a) and (b) of the Act, Commerce has 
preliminarily relied upon facts otherwise available, with adverse 
inferences, to assign an antidumping margin to several companies that 
failed to properly respond to Commerce's quantity and value 
questionnaire (the non-responsive companies).\7\ For a full description 
of the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ The non-responsive companies are: Acero Technologia, S.A. de 
C.V.; Construcciones Industriales Tapia S.A. de C.V.; Estructuras 
Metalicas la Popular S.A. de C.V./MSCI; and Operadora CICSA, S. A. 
de C. V. Swecomex--Guadalajara.
---------------------------------------------------------------------------

All-Others Rate

    Section 733(d)(1)(ii) of the Act provides that Commerce shall 
preliminarily determine an estimated all-others rate for all exporters 
and producers not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely under section 776 of the Act.
    In this investigation, Commerce preliminarily found a zero rate for 
Corey S.A. de C.V./Industrias Recal S.A. de C.V.\8\ Therefore, the only 
rate that is not

[[Page 47488]]

zero, de minimis, or based entirely on facts otherwise available is the 
rate calculated for Building Systems de Mexico, S.A. de C.V. (BSM). 
Consequently, the rate calculated for BSM is also assigned as the rate 
for all other producers and exporters.
---------------------------------------------------------------------------

    \8\ Commerce preliminarily determines that Corey S.A. de C.V. 
and Industrias Recal S.A. de C.V. are a single entity, hereafter, 
collectively referred to as ``Corey.'' See Memorandum, ``Antidumping 
Duty Investigation of Fabricated Structural Steel from Mexico: 
Preliminary Affiliation and Collapsing Memorandum for Corey S.A. de 
C.V.,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

----------------------------------------------------------------------------------------------------------------
                                                 Estimated weighted-
               Exporter/producer                   average dumping      Cash deposit rate (adjusted for subsidy
                                                   margin (percent)              offset(s)) (percent)
----------------------------------------------------------------------------------------------------------------
Building Systems de Mexico, S.A. de C.V........                10.58  Not Applicable.\9\
Corey S.A. de C.V./Industrias Recal S.A. de C.V                    0  Not Applicable.
Acero Technologia, S.A. de C.V.................                30.58  16.96.
Construcciones Industriales Tapia S.A. de C.V..                30.58  16.96.
Estructuras Metalicas la Popular S.A. de C.V./                 30.58  16.96.
 MSCI.
Operadora CICSA, S. A. de C. V. Swecomex--                     30.58  16.96.
 Guadalajara.
All Others.....................................                10.58  0.
----------------------------------------------------------------------------------------------------------------

Consistent with section 733(b)(3) of the Act, Commerce disregards de 
minimis rates and preliminarily determines that Corey, which had a de 
minimis rate, have not made sales of subject merchandise at LTFV.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Antidumping Duty Investigation of 
Fabricated Structural Steel from Mexico: Preliminary Analysis 
Memorandum for Building Systems de Mexico, S.A. de C.V.'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

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 entries 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. 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise except as explained below; and (3) the cash 
deposit rate for all other producers and exporters will be equal to the 
all-others estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margin for Corey is 
zero or de minimis, certain entries of shipments of subject merchandise 
from Corey 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 Corey. Entries of 
shipments of subject merchandise from Corey in any other producer/
exporter combination, or by third parties that sourced subject 
merchandise from the excluded Corey producer/exporter combination, are 
subject to the provisional measures.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for subject merchandise produced and exported by Corey, 
entries of subject merchandise produced and exported by Corey will be 
excluded from the potential antidumping duty order. An exclusion for 
subject merchandise produced and exported by Corey is not applicable to 
subject merchandise from Corey in any other producer/exporter 
combination or by third parties that sourced subject merchandise from 
the excluded Corey 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, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. 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 the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties may address Commerce's preliminary scope

[[Page 47489]]

determinations in scope briefs which may be submitted no later than 21 
days after the publication of the preliminary antidumping (AD) 
determinations on fabricated structural steel from Canada, China and 
Mexico in the Federal Register. Scope rebuttal briefs, limited to 
issues raised in the scope case briefs, may be submitted no later than 
five days after the deadline for the scope case briefs. These 
deadlines, which are based on publication in the Federal Register of 
the preliminary determinations in the AD investigations of fabricated 
structural steel, apply to both the on-going AD and CVD fabricated 
structural steel investigations. Thus, there is only one briefing 
schedule for scope case and rebuttal briefs in the AD and CVD 
fabricated structural steel investigations. For all scope issues, 
parties must file separate and identical documents on the records of 
all of the ongoing AD and CVD investigations of fabricated structural 
steel from Canada, China, and Mexico through ACCESS. No new factual 
information may be included in scope case or rebuttal briefs.
    Parties should include all arguments about scope-related issues in 
the scope case and rebuttal briefs. Commerce does not intend to permit 
arguments about scope-related issues in the investigation-specific case 
and rebuttal briefs regarding other issues. Should these investigations 
result in the imposition of orders, interested parties may submit 
requests for a scope ruling after the publication of any such orders in 
the Federal Register.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination

    Section 735(a)(2) 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 petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
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 22 through July 24, 2019, the Full Member Subgroup of the 
American Institute of Steel Construction, LLC (the petitioner), Corey, 
and BSM requested that Commerce postpone the final determination.\11\ 
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.
---------------------------------------------------------------------------

    \11\ 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 BSM's Letter, ``Certain Fabricated Structural Steel from 
Mexico: Request to Postpone Final Determination,'' dated July 22, 
2019; and Corey's Letter, ``Certain Fabricated Structural Steel from 
Mexico: Corey S.A. de C.V.'s Request to Postpone Final 
Determination,'' dated July 24, 2019.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

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

Appendix I

Scope of the Investigation

    The merchandise covered by the investigation is carbon and alloy 
fabricated structural steel. Fabricated structural steel is made 
from steel in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is two 
percent or less by weight. Fabricated structural steel products are 
steel products that have been fabricated for erection or assembly 
into structures, including, but not limited to, buildings 
(commercial, office, institutional, and multi-family residential); 
industrial and utility projects; parking decks; arenas and 
convention centers; medical facilities; and ports, transportation 
and infrastructure facilities. Fabricated structural steel is 
manufactured from carbon and alloy (including stainless) steel 
products such as angles, columns, beams, girders, plates, flange 
shapes (including manufactured structural shapes utilizing welded 
plates as a substitute for rolled wide flange sections), channels, 
hollow structural section (HSS) shapes, base plates, and plate-work 
components. Fabrication includes, but is not limited to cutting, 
drilling, welding, joining, bolting, bending, punching, pressure 
fitting, molding, grooving, adhesion, beveling, and riveting and may 
include items such as fasteners, nuts, bolts, rivets, screws, 
hinges, or joints.
    The inclusion, attachment, joining, or assembly of non-steel 
components with fabricated structural steel does not remove the 
fabricated structural steel from the scope.
    Fabricated structural steel is covered by the scope of the 
investigation regardless of whether it is painted, varnished, or 
coated with plastics or other metallic or non-metallic substances 
and regardless of whether it is assembled or partially assembled, 
such as into modules, modularized construction units, or sub-
assemblies of fabricated structural steel.
    Subject merchandise includes fabricated structural steel that 
has been assembled or further processed in the subject country or a 
third country, including but not limited to painting, varnishing, 
trimming, cutting, drilling, welding, joining, bolting, punching, 
bending, beveling, riveting, galvanizing, coating, and/or slitting 
or any other processing that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the fabricated structural steel.
    All products that meet the written physical description of the 
merchandise covered by the investigation are within the scope of the 
investigation unless specifically excluded or covered by the scope 
of an existing antidumping duty order.
    Specifically excluded from the scope of the investigation are:

[[Page 47490]]

    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
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Application of Facts Available and Use of Adverse Inferences
VIII. Affiliation and Collapsing
IX. Discussion of the Methodology
X. Date of Sale
XI. Universe of Sales Examined
XII. Product Comparisons
XIII. Export Price/Constructed Export Price
XIV. Normal Value/Constructed Value
XV. Currency Conversion

[[Page 47491]]

XVI. Recommendation

[FR Doc. 2019-19513 Filed 9-9-19; 8:45 am]
BILLING CODE 3510-DS-P
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