Fabricated Structural Steel From Canada, China, and Mexico; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 49765-49766 [2019-20493]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49765-49766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20493]



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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-615-617 and 731-TA-1432-1434 (Final)]


Fabricated Structural Steel From Canada, China, and Mexico; 
Scheduling of the Final Phase of Countervailing Duty and Antidumping 
Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-615-617 and 731-TA-1432-1434 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of fabricated structural steel from 
Canada, China, and Mexico, provided for in subheadings 7308.90.95, 
7308.90.30, and 7308.90.60 of the Harmonized Tariff Schedule of the 
United States, preliminarily determined by the Department of Commerce 
(``Commerce'') to be subsidized and sold at less-than-fair-value.

DATES: September 10, 2019.

FOR FURTHER INFORMATION CONTACT: Jordan Harriman ((202) 205-2610) or 
Stamen Borisson ((202) 205-3125), Office of Investigations, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436. 
Hearing-impaired persons can obtain information on this matter by 
contacting the Commission's TDD terminal on 202-205-1810. Persons with 
mobility impairments who will need special assistance in gaining access 
to the Commission should contact the Office of the Secretary at 202-
205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server (https://www.usitc.gov). The 
public record for these investigations may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope--For purposes of these investigations, Commerce has defined 
the subject merchandise as 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 investigations 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 investigations 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 investigations are within the scope of these 
investigations unless specifically excluded or covered by the scope of 
an existing order. For a complete scope description (specific 
exclusions), please refer to 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, 84 FR 
47491, September 10, 2019, Appendix I.
    The products subject to the investigations 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.\1\
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    \1\ The products subject to the investigations 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.
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    Background--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China and Mexico of fabricated structural steel, and that 
such products are being sold in the United States at less than fair 
value within the meaning of section 733 of the Act (19 U.S.C. 1673b). 
The investigations were requested in petitions filed on February 4, 
2019, by American Institute of Steel Construction, LLC, Chicago, 
Illinois.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Although Commerce has preliminarily determined that countervailable 
subsidies are not being provided to producers and exporters of 
fabricated structural steel from Canada, and imports of fabricated 
structural steel from Canada are not being or are not likely to be sold 
in the United States at less than fair value, for purposes of 
efficiency the Commission hereby waives rule 207.21(b) \2\ so that the 
final phase of the investigations may proceed concurrently in the event 
that Commerce makes a final affirmative determination with respect to 
such imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where Commerce has issued a negative preliminary determination, the 
Commission will publish a Final Phase Notice of Scheduling upon 
receipt of an affirmative final determination from Commerce.
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    Participation in the investigations and public service list--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to

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participate in the final phase of these investigations as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11 of the Commission's rules, no later than 21 
days prior to the hearing date specified in this notice. A party that 
filed a notice of appearance during the preliminary phase of the 
investigations need not file an additional notice of appearance during 
this final phase. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list--Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in the final phase of these investigations available to 
authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on January 
13, 2020, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
January 28, 2020, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before January 22, 2020. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on January 27, 2020, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is January 21, 2020. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is February 4, 2020. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before February 4, 2020. On February 18, 2020, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before February 20, 2020, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: September 18, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-20493 Filed 9-20-19; 8:45 am]
 BILLING CODE 7020-02-P