Certain Fabricated Structural Steel From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 5376-5381 [2020-01720]
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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 does not remove the fabricated
structural steel 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.
10. Also excluded from the scope of the
investigation are consumer items for do-ityourself assembly that are prepackaged for
retail sale. For the purposes of this exclusion,
prepackaged for retail sale means that, at the
time of importation, all components
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necessary to assemble the merchandise,
including all steel components, all accessory
parts (e.g., screws, bolts, washers, nails), and
instructions providing guidance on the
assembly of the finished merchandise or
directions on where to find such instructions,
are enclosed in retail packaging, such that an
end-use, retail consumer could assemble the
completed product with no additional
components. The items may enter the United
States in one or in multiple retail packages
as long as all of the components are imported
together.
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary
Determination
VI. Analysis of Comments
General
Comment 1: Whether There Was Sufficient
Industry Support To Initiate This
Investigation
Comment 2: Calculation of U.S. Price
Comment 3: Revisions to the Fabricated
Structural Steel Ratio
Comment 4: Whether To Deduct Use Taxes
From U.S. Price
Beauce-Atlas
Comment 5: Beauce-Atlas’ Reporting of the
Substantial Completion Date for Certain
Projects
Comment 6: Collapsing Beauce-Atlas’
Affiliate, Les Dessins de Structures
Steltec
Comment 7: Whether Commerce Double
Counted a Billing Adjustment in the
Preliminary Determination
Comment 8: Adjusting Revenue for One
Home Market Project With a Delayed
Payment
Comment 9: Calculating General and
Administrative Expenses and Interest
Expenses Based on the Revised Cost of
Manufacturing
Canatal
Comment 10: Treatment of All of Canatal’s
U.S. Sales as Constructed Export Price
Sales
Comment 11: Canatal’s Further
Manufacturing Costs for a Constructed
Export Price Sale
Comment 12: Whether One U.S. Project is
In-Scope Merchandise
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Comment 13: Revisions to Canatal’s Data
Based on Commerce’s Verification
Findings
Comment 14: Calculation of Constructed
Value Selling Expenses and Profit
VII. Recommendation
[FR Doc. 2020–01718 Filed 1–29–20; 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:
Final Affirmative Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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 is July 1, 2018 through
December 31, 2018. The final dumping
margins of sales at LTFV are listed
below in the ‘‘Final Determination’’
section of this notice.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Manuel Rey or Benjamin Luberda, 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) 482–5518 or (202) 482–2185,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2019, Commerce
published the Preliminary
Determination of sales at LTFV of
fabricated structural steel from China,1
in which we also postponed the final
determination to January 23, 2020. The
petitioner in this investigation is the
American Institute of Steel Construction
Full Member Subgroup. The mandatory
respondents in this investigation are
Jinhuan Construction Group (JCG),
Modern Heavy Industries (Taicang) Co.,
Ltd. (Modern Heavy), and Wison
1 See 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) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
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(Nantong) Heavy Industry Co. Ltd.
(Wison).2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
the parties for this final determination
are discussed in the Issues and Decision
Memorandum.3 The Issues and 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
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.
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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. Commerce addressed
these comments in the Preliminary
Determination, wherein Commerce
preliminarily modified the scope
language.
In addition, certain interested parties
commented on Commerce’s preliminary
scope decisions. For a summary of the
product coverage comments and
rebuttal comments submitted to the
2 Consistent with our Preliminary Determination,
we are treating Wison (Nantong) Heavy Industry
Co., Ltd. and its affiliate Wison Offshore & Marine
(Hong Kong) Limited, as a single-entity
(collectively, Wison).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
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 (Issues and Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 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, 7331 (March 4, 2019)
(Initiation Notice).
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record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.6
Based on the comments received,
Commerce is modifying the scope
language as it appeared in the
Preliminary Determination. See the
revised scope in Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in September 2019, we conducted
verifications of the sales and factors of
production (FOP) data reported by JCG
and Wison. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by JCG and Wison.
In addition, as provided in section
782(i) of Act, in September 2019, we
also attempted to verify the sales and
factors information submitted by
Modern Heavy, using standard
verification procedures. However, as
explained in the Issues and Decision
Memorandum, we were unable to
validate the accuracy of Modern Heavy’s
FOP reporting.7 As a consequence, we
find that Modern Heavy’s reported FOP
data are unverifiable, and thus cannot
serve as a reliable basis for reaching a
determination in this investigation. For
further discussion, see the Issues and
Decision Memorandum at Comment 12.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
minor corrections presented at
verification, and our verification
findings, we made certain changes to
the antidumping duty margin
calculations for Modern Heavy, JCG,
and Wison. As a result of the changes
to the respondents’ calculated rates,
Commerce has revised the rate for those
6 See Memorandum, ‘‘Fabricated Structural Steel
from Canada, Mexico, and the People’s Republic of
China: Final Scope Decision Memorandum,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
7 For discussion of our verification findings, see
the Memorandum, ‘‘Verification of the Responses of
Modern Heavy Industries (Taicang) Co., Ltd. in the
Less-Than-Fair-Value Investigation of Certain
Fabricated Structural Steel from the People’s
Republic of China,’’ dated November 14, 2019.
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companies entitled to a separate rate,
and the China-wide entity. For a
discussion of these changes, see the
Issues and Decision Memorandum and
the Final Calculation Memoranda.8
Adverse Facts Available
In determining Modern Heavy’s
dumping margin, we find that the
application of facts available is
appropriate under sections 776(a)(2)(A)
through (D) of the Act because Modern
Heavy withheld information requested
by Commerce, did not submit requested
information by the established deadline
in the form or manner requested, and
provided information that was unable to
be verified. Further, in toto, we find that
these actions significantly impeded the
proceeding. Additionally, we find that
Modern Heavy did not cooperate to the
best of its ability to comply with
Commerce’s requests for information,
and thus, an adverse inference is
warranted in selecting from the facts
available, within the meaning of section
776(b) of the Act. Therefore, as AFA, we
have assigned Modern Heavy the
highest transaction-specific dumping
margin calculated for Wison, which is
154.14 percent. For further discussion,
see the Issues and Decision
Memorandum at ‘‘Use of Adverse Facts
Available’’ and Comment 12.
For the reasons explained in the
Preliminary Determination, we continue
to find that the use of adverse facts
available (AFA), pursuant to sections
776(a) and (b) of the Act, is warranted
in determining the rate for the Chinawide entity.9 In selecting the AFA rate
for the China-wide entity, Commerce’s
practice is to select a rate that is
sufficiently adverse to ensure that the
uncooperative party does not obtain a
more favorable result by failing to
cooperate than if it had fully
cooperated.10 For the final
determination, we are assigning the
China-wide entity, as AFA, the highest
transaction-specific margin of 154.14
percent, which is for Wison. Because
this constitutes primary information, the
statutory corroboration requirement in
8 See Memoranda, ‘‘Final Analysis Memorandum
for JCG;’’ and ‘‘Final Analysis Memorandum for
Wison,’’ dated concurrently with this notice
(collectively, Final Calculation Memoranda).
9 The China-wide entity includes those
companies who did not submit a separate rate
application, and those companies Commerce
determined were ineligible to receive a separate
rate.
10 See, e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
Cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
Carboxymethyl Cellulose from Finland, 70 FR
28279 (May 17, 2005).
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section 776(c) of the Act does not apply.
For further discussion, see the Issues
and Decision Memorandum at ‘‘Use of
Adverse Facts Available.’’
Separate Rates
For the final determination, we
continue to find that JCG, Modern
Heavy, and Wison are eligible for
separate rates. Generally, Commerce
looks to section 735(c)(5)(A) of the Act,
which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for separate rate
respondents that we did not
individually examine. Section
735(c)(5)(A) of the Act states that the
estimated all-others rate shall be an
amount equal to the weighted average of
separate rate, other than Modern Heavy,
whose rate is based entirely on section
776 of the Act as discussed above.
Combination Rates
In the Initiation Notice,13 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. 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.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average dumping
margin
(percent)
Cash deposit
rate
(adjusted for
subsidy offset)
(percent)
Exporter
Producer
Jinhuan Construction Group .........................................
Modern Heavy Industries (Taicang) Co., Ltd ...............
Wison (Nantong) Heavy Industry Co., Ltd./Wison Offshore & Marine (Hong Kong) Limited.
Non-Individually Examined Exporters Receiving Separate Rates (see Appendix III).
China-Wide Entity .........................................................
Jinhuan Construction Group .........................................
Modern Heavy Industries (Taicang) Co., Ltd ...............
Wison (Nantong) Heavy Industry Co., Ltd ...................
61.71
154.14
90.52
51.17
143.60
79.98
Producers Supplying the Non-Individually-Examined
Exporters (see Appendix III).
China-Wide Entity .........................................................
72.19
61.65
154.14
143.60
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all appropriate entries of fabricated
structural steel from JCG, Modern
Heavy, Wison, the separate rates
companies, and the China-wide entity.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce makes an affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce offsets the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). In this
case, we have made a negative
determination for domestic subsidy
pass-through for all respondents, but
have also found export subsidies for all
respondents. However, suspension of
liquidation for provisional measures in
the companion CVD case has been
discontinued; therefore, we are not
instructing CBP to collect cash deposits
based upon the adjusted estimated
weighted-average dumping margin for
those export subsidies at this time.
In addition, pursuant to section
735(c)(1)(B)(ii) of the Act, Commerce
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which NV exceeds U.S. price
as follows: (1) The cash deposit rate for
the exporter/producer combination
listed in the table above or in Appendix
III will be the rate identified for that
combination in that table or Appendix
III; (2) for all combinations of exporters/
producers of merchandise under
consideration that have not received
their own separate rate above or in
Appendix III, the cash deposit rate will
be the cash deposit rate established for
the China-wide entity; and (3) for all
non-Chinese exporters of the
merchandise under consideration which
have not received their own separate
rate above, the cash deposit rate will be
the cash deposit rate applicable to the
Chinese exporter/producer combination
that supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
11 See, e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
12 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
13 See Initiation Notice, 84 FR 7330, 7335.
Disclosure
Commerce intends to disclose the
calculations performed in connection
with this final determination within five
days of the date of publication of this
notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
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the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding zero or de
minimis margins, and any margins
determined entirely under section 776
of Act.11 In this proceeding, Commerce
calculated above de minimis rates that
are not based entirely on facts available
for two mandatory respondents under
individual examination, i.e., JCG and
Wison. Thus, looking to section
735(c)(5)(A) of the Act for guidance, and
consistent with our practice,12 based on
publicly ranged sales data, we are
assigning the weighted-average of these
mandatory respondents’ rates as the rate
for non-individually examined
companies that have qualified for a
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International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our
determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
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its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
fabricated structural steel from China no
later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: January 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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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
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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:
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.
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5379
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)—
E:\FR\FM\30JAN1.SGM
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
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 does not remove the fabricated
structural steel 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.
10. Also excluded from the scope of the
investigation are consumer items for do-ityourself assembly that are prepackaged for
retail sale. For the purposes of this exclusion,
prepackaged for retail sale means that, at the
time of importation, all components
necessary to assemble the merchandise,
including all steel components, all accessory
parts (e.g., screws, bolts, washers, nails), and
instructions providing guidance on the
assembly of the finished merchandise or
directions on where to find such instructions,
are enclosed in retail packaging, such that an
end-use, retail consumer could assemble the
completed product with no additional
components. The items may enter the United
States in one or in multiple retail packages
as long as all of the components are imported
together.
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Changes Since the Preliminary
Determination
VII. Adjustment Under Section 777A(f) of the
Act
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies
IX. Discussion of the Issues
General Comments
Comment 1: Value Added Tax
Surrogate Values
Comment 2: Surrogate Country
Comment 3: Surrogate Value for Ocean
Freight
Comment 4: Surrogate Value for Truck
Freight
Comment 5: Surrogate Value for Timber
Comment 6: Surrogate Value for JCG’s
Market Economy Input
Comment 7: Surrogate Value for Angle and
Channel Steel
Comment 8: Surrogate Value for Steel
Grating, Steel Skirting Board
Comment 9: Surrogate Value for Wison’s
Packing Input
Comment 10: Selling and Distribution
Expenses
Company-Specific Comments
Comment 11: JCG’s U.S. Sale Classification
Comment 12: Modern Heavy’s Verification
Failures
Comment 13: Modern Heavy’s Moot
Arguments
Comment 14: Wison’s Galvanizing Costs
Comment 15: Wison’s Further
Manufacturing Costs
Comment 16: Wison’s Further
Manufacturing General and
Administrative Expenses
Comment 17: Wison’s Steel Scrap Offset
Comment 18: United Steel Structures Ltd.’s
Separate Rate
X. Recommendation
Appendix III
khammond on DSKJM1Z7X2PROD with NOTICES
SEPARATE RATE COMPANIES
Exporter
Producer
Non-individually examined exporters receiving separate rates
Producers supplying the non-individually-examined exporters
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 .......
Shandhai Yanda Engineering Co., Ltd .....................................................
WAP Intelligence Storage Equipment (Shanghai) Corp., Ltd ..................
Wuxi Hengtong Metal Framing System Co., Ltd .....................................
Wuxi Huishan Metalwork Technology Co., Ltd ........................................
VerDate Sep<11>2014
17:57 Jan 29, 2020
Jkt 250001
PO 00000
Frm 00014
Fmt 4703
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.
Shandhai Yanda Engineering Co., Ltd.
WAP Intelligence Storage Equipment (Shanghai) Corp., Ltd.
Wuxi Hengtong Metal Framing System Co., Ltd.
Wuxi Huishan Metalwork Technology Co., Ltd.
Sfmt 4703
E:\FR\FM\30JAN1.SGM
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
5381
SEPARATE RATE COMPANIES—Continued
Exporter
Producer
Non-individually examined exporters receiving separate rates
Producers supplying the non-individually-examined exporters
Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd ....................
[FR Doc. 2020–01720 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–851]
Certain Fabricated Structural Steel
From Mexico: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain fabricated structural steel
(fabricated structural steel) from
Mexico. The period of investigation is
January 1, 2018 through December 31,
2018.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan, 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) 482–0895.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On July 12, 2019, Commerce
published the Preliminary
Determination.1 The petitioner in this
investigation is the American Institute
of Steel Construction Full Member
Subgroup. In addition to the
Government of Mexico (GOM), the
mandatory respondents in this
investigation are Building Systems de
Mexico, S.A. de C.V. (BSM) and Corey
S.A. de C.V. (Corey).
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, are
discussed in the Issues and Decision
1 See Certain Fabricated Structural Steel from
Mexico: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty
Determination, 84 FR 33227 (July 12, 2019).
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
VerDate Sep<11>2014
16:56 Jan 29, 2020
Jkt 250001
Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd.
Memorandum, which is hereby adopted
by this notice.2 The Issues and 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Scope of the Investigation
The products covered by this
investigation is fabricated structural
steel from Mexico. For a complete
description of the scope of the
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce addressed
these comments in the Preliminary
Determination, wherein Commerce
preliminarily modified the scope
language.
In addition, certain interested parties
commented on Commerce’s preliminary
scope decisions. For a summary of the
product coverage comments and
rebuttal comments submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain
Fabricated Structural Steel from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 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, 7331 (March 4, 2019)
(Initiation Notice).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Final Scope Decision Memorandum.5
Based on the comments received,
Commerce is modifying the scope
language as it appeared in the
Preliminary Determination. See the
revised scope in Appendix I to this
notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised is
attached to this notice as Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Use of Adverse Facts Available (AFA)
For purposes of this final
determination, we relied on facts
available, and because certain
respondents did not act to the best of
their ability in responding to
Commerce’s requests for information,
we drew an adverse inference, where
appropriate, in selecting from among the
facts otherwise available in accordance
with sections 776(a) and (b) of the Act.7
A full discussion of our decision to rely
on adverse facts available is presented
in the ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’
section of the Issues and Decision
Memorandum.
5 See Memorandum, ‘‘Fabricated Structural Steel
from Canada, Mexico, and the People’s Republic of
China: Final Scope Decision Memorandum,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
E:\FR\FM\30JAN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5376-5381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01720]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-102]
Certain Fabricated Structural Steel From the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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 is July 1, 2018 through December 31, 2018. The final
dumping margins of sales at LTFV are listed below in the ``Final
Determination'' section of this notice.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT: Manuel Rey or Benjamin Luberda, 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) 482-5518 or (202) 482-2185,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2019, Commerce published the Preliminary
Determination of sales at LTFV of fabricated structural steel from
China,\1\ in which we also postponed the final determination to January
23, 2020. The petitioner in this investigation is the American
Institute of Steel Construction Full Member Subgroup. The mandatory
respondents in this investigation are Jinhuan Construction Group (JCG),
Modern Heavy Industries (Taicang) Co., Ltd. (Modern Heavy), and Wison
[[Page 5377]]
(Nantong) Heavy Industry Co. Ltd. (Wison).\2\
---------------------------------------------------------------------------
\1\ See 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) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
\2\ Consistent with our Preliminary Determination, we are
treating Wison (Nantong) Heavy Industry Co., Ltd. and its affiliate
Wison Offshore & Marine (Hong Kong) Limited, as a single-entity
(collectively, Wison).
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by the parties for this final determination are discussed in the
Issues and Decision Memorandum.\3\ The Issues and 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 is available to all parties in the Central
Records Unit, room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is fabricated structural
steel from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce addressed these comments in the
Preliminary Determination, wherein Commerce preliminarily modified the
scope language.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ 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, 7331 (March 4, 2019) (Initiation
Notice).
---------------------------------------------------------------------------
In addition, certain interested parties commented on Commerce's
preliminary scope decisions. For a summary of the product coverage
comments and rebuttal comments submitted to the record for this final
determination, and accompanying discussion and analysis of all comments
timely received, see the Final Scope Decision Memorandum.\6\ Based on
the comments received, Commerce is modifying the scope language as it
appeared in the Preliminary Determination. See the revised scope in
Appendix I of this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Fabricated Structural Steel from Canada,
Mexico, and the People's Republic of China: Final Scope Decision
Memorandum,'' dated concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in September 2019, we conducted verifications of the sales
and factors of production (FOP) data reported by JCG and Wison. We used
standard verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by JCG and Wison.
In addition, as provided in section 782(i) of Act, in September
2019, we also attempted to verify the sales and factors information
submitted by Modern Heavy, using standard verification procedures.
However, as explained in the Issues and Decision Memorandum, we were
unable to validate the accuracy of Modern Heavy's FOP reporting.\7\ As
a consequence, we find that Modern Heavy's reported FOP data are
unverifiable, and thus cannot serve as a reliable basis for reaching a
determination in this investigation. For further discussion, see the
Issues and Decision Memorandum at Comment 12.
---------------------------------------------------------------------------
\7\ For discussion of our verification findings, see the
Memorandum, ``Verification of the Responses of Modern Heavy
Industries (Taicang) Co., Ltd. in the Less-Than-Fair-Value
Investigation of Certain Fabricated Structural Steel from the
People's Republic of China,'' dated November 14, 2019.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, minor corrections presented at verification, and our
verification findings, we made certain changes to the antidumping duty
margin calculations for Modern Heavy, JCG, and Wison. As a result of
the changes to the respondents' calculated rates, Commerce has revised
the rate for those companies entitled to a separate rate, and the
China-wide entity. For a discussion of these changes, see the Issues
and Decision Memorandum and the Final Calculation Memoranda.\8\
---------------------------------------------------------------------------
\8\ See Memoranda, ``Final Analysis Memorandum for JCG;'' and
``Final Analysis Memorandum for Wison,'' dated concurrently with
this notice (collectively, Final Calculation Memoranda).
---------------------------------------------------------------------------
Adverse Facts Available
In determining Modern Heavy's dumping margin, we find that the
application of facts available is appropriate under sections
776(a)(2)(A) through (D) of the Act because Modern Heavy withheld
information requested by Commerce, did not submit requested information
by the established deadline in the form or manner requested, and
provided information that was unable to be verified. Further, in toto,
we find that these actions significantly impeded the proceeding.
Additionally, we find that Modern Heavy did not cooperate to the best
of its ability to comply with Commerce's requests for information, and
thus, an adverse inference is warranted in selecting from the facts
available, within the meaning of section 776(b) of the Act. Therefore,
as AFA, we have assigned Modern Heavy the highest transaction-specific
dumping margin calculated for Wison, which is 154.14 percent. For
further discussion, see the Issues and Decision Memorandum at ``Use of
Adverse Facts Available'' and Comment 12.
For the reasons explained in the Preliminary Determination, we
continue to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act, is warranted in
determining the rate for the China-wide entity.\9\ In selecting the AFA
rate for the China-wide entity, Commerce's practice is to select a rate
that is sufficiently adverse to ensure that the uncooperative party
does not obtain a more favorable result by failing to cooperate than if
it had fully cooperated.\10\ For the final determination, we are
assigning the China-wide entity, as AFA, the highest transaction-
specific margin of 154.14 percent, which is for Wison. Because this
constitutes primary information, the statutory corroboration
requirement in
[[Page 5378]]
section 776(c) of the Act does not apply. For further discussion, see
the Issues and Decision Memorandum at ``Use of Adverse Facts
Available.''
---------------------------------------------------------------------------
\9\ The China-wide entity includes those companies who did not
submit a separate rate application, and those companies Commerce
determined were ineligible to receive a separate rate.
\10\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland,
70 FR 28279 (May 17, 2005).
---------------------------------------------------------------------------
Separate Rates
For the final determination, we continue to find that JCG, Modern
Heavy, and Wison are eligible for separate rates. Generally, Commerce
looks to section 735(c)(5)(A) of the Act, which provides instructions
for calculating the all-others rate in an investigation, for guidance
when calculating the rate for separate rate respondents that we did not
individually examine. Section 735(c)(5)(A) of the Act states that the
estimated all-others 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 zero
or de minimis margins, and any margins determined entirely under
section 776 of Act.\11\ In this proceeding, Commerce calculated above
de minimis rates that are not based entirely on facts available for two
mandatory respondents under individual examination, i.e., JCG and
Wison. Thus, looking to section 735(c)(5)(A) of the Act for guidance,
and consistent with our practice,\12\ based on publicly ranged sales
data, we are assigning the weighted-average of these mandatory
respondents' rates as the rate for non-individually examined companies
that have qualified for a separate rate, other than Modern Heavy, whose
rate is based entirely on section 776 of the Act as discussed above.
---------------------------------------------------------------------------
\11\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
\12\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\13\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. 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.
---------------------------------------------------------------------------
\13\ See Initiation Notice, 84 FR 7330, 7335.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offset)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Jinhuan Construction Group.................... Jinhuan Construction Group...... 61.71 51.17
Modern Heavy Industries (Taicang) Co., Ltd.... Modern Heavy Industries 154.14 143.60
(Taicang) Co., Ltd.
Wison (Nantong) Heavy Industry Co., Ltd./Wison Wison (Nantong) Heavy Industry 90.52 79.98
Offshore & Marine (Hong Kong) Limited. Co., Ltd.
Non-Individually Examined Exporters Receiving Producers Supplying the Non- 72.19 61.65
Separate Rates (see Appendix III). Individually-Examined Exporters
(see Appendix III).
China-Wide Entity............................. China-Wide Entity............... 154.14 143.60
----------------------------------------------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination within five days of the date
of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of all appropriate entries of fabricated structural steel
from JCG, Modern Heavy, Wison, the separate rates companies, and the
China-wide entity.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce makes an affirmative determination for domestic subsidy
pass-through or export subsidies, Commerce offsets the calculated
estimated weighted-average dumping margin by the appropriate rate(s).
In this case, we have made a negative determination for domestic
subsidy pass-through for all respondents, but have also found export
subsidies for all respondents. However, suspension of liquidation for
provisional measures in the companion CVD case has been discontinued;
therefore, we are not instructing CBP to collect cash deposits based
upon the adjusted estimated weighted-average dumping margin for those
export subsidies at this time.
In addition, pursuant to section 735(c)(1)(B)(ii) of the Act,
Commerce will instruct CBP to require a cash deposit equal to the
weighted-average amount by which NV exceeds U.S. price as follows: (1)
The cash deposit rate for the exporter/producer combination listed in
the table above or in Appendix III will be the rate identified for that
combination in that table or Appendix III; (2) for all combinations of
exporters/producers of merchandise under consideration that have not
received their own separate rate above or in Appendix III, the cash
deposit rate will be the cash deposit rate established for the China-
wide entity; and (3) for all non-Chinese exporters of the merchandise
under consideration which have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate applicable
to the Chinese exporter/producer combination that supplied that non-
Chinese exporter. These suspension of liquidation instructions will
remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our determination. Because the
final determination in this proceeding is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will make
[[Page 5379]]
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of fabricated structural steel from China
no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated and all cash deposits will be
refunded. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an administrative protective order (APO) of their
responsibility concerning the destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: January 23, 2020.
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:
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)--
[[Page 5380]]
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 does not remove the fabricated structural steel
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.
10. Also excluded from the scope of the investigation are
consumer items for do-it-yourself assembly that are prepackaged for
retail sale. For the purposes of this exclusion, prepackaged for
retail sale means that, at the time of importation, all components
necessary to assemble the merchandise, including all steel
components, all accessory parts (e.g., screws, bolts, washers,
nails), and instructions providing guidance on the assembly of the
finished merchandise or directions on where to find such
instructions, are enclosed in retail packaging, such that an end-
use, retail consumer could assemble the completed product with no
additional components. The items may enter the United States in one
or in multiple retail packages as long as all of the components are
imported together.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Changes Since the Preliminary Determination
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Discussion of the Issues
General Comments
Comment 1: Value Added Tax
Surrogate Values
Comment 2: Surrogate Country
Comment 3: Surrogate Value for Ocean Freight
Comment 4: Surrogate Value for Truck Freight
Comment 5: Surrogate Value for Timber
Comment 6: Surrogate Value for JCG's Market Economy Input
Comment 7: Surrogate Value for Angle and Channel Steel
Comment 8: Surrogate Value for Steel Grating, Steel Skirting
Board
Comment 9: Surrogate Value for Wison's Packing Input
Comment 10: Selling and Distribution Expenses
Company-Specific Comments
Comment 11: JCG's U.S. Sale Classification
Comment 12: Modern Heavy's Verification Failures
Comment 13: Modern Heavy's Moot Arguments
Comment 14: Wison's Galvanizing Costs
Comment 15: Wison's Further Manufacturing Costs
Comment 16: Wison's Further Manufacturing General and
Administrative Expenses
Comment 17: Wison's Steel Scrap Offset
Comment 18: United Steel Structures Ltd.'s Separate Rate
X. Recommendation
Appendix III
Separate Rate Companies
------------------------------------------------------------------------
Exporter Producer
------------------------------------------------------------------------
Non-individually examined exporters Producers supplying the non-
receiving separate rates individually-examined exporters
------------------------------------------------------------------------
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.
Shandhai Yanda Engineering Co., Ltd.... Shandhai 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.
[[Page 5381]]
Yanda (Haimen) Heavy Equipment Yanda (Haimen) Heavy Equipment
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
------------------------------------------------------------------------
[FR Doc. 2020-01720 Filed 1-29-20; 8:45 am]
BILLING CODE 3510-DS-P
