Certain Fabricated Structural Steel From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 5384-5387 [2020-01721]
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
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.
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Appendix II
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Eighth Rule
Comment 2: Calculation of Total Adverse
Facts Available Rate
Comment 3: Application of Adverse Facts
Available to BSM
Comment 4: Application of Adverse Facts
Available to Certain Companies
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Comment 5: Modification of Corey’s
Denominators
IX. Recommendation
[FR Doc. 2020–01723 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–103]
Certain Fabricated Structural Steel
From the People’s Republic of China:
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/or exporters
of certain fabricated structural steel
(fabricated structural steel) from the
People’s Republic of China (China). The
period of investigation is January 1,
2018 through December 31, 2018.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Darla Brown or William Miller, 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) 482–1791 or (202) 482–3906,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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 China (GOC), the
mandatory respondents in this
investigation are Modern Heavy
Industries (Taicang) Co., Ltd. (Modern
Heavy) and Shanghai Matsuo Steel
Structure Co., Ltd. (Shanghai Matsuo).
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
Memorandum, which is hereby adopted
1 See Certain Fabricated Structural Steel from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 84 FR 33224 (July 12, 2019)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
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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 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/
index.html. 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.
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
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
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty 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).
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 Countervailing Duty
Investigations, 84 FR 7339 (March 4, 2019)
(Initiation Notice).
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).
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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.
Verification
As provided in section 782(i) of the
Act, in August and September 2019,
Commerce verified the subsidy
information reported by Modern Heavy
and Shanghai Matsuo. We used
standard verification procedures,
including an examination of relevant
accounting records and original source
documents provided by the
respondents.7
Changes Since the Preliminary
Determination
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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 subsidy rate calculations for Modern
Heavy and Shanghai Matsuo. As a result
of the changes to the respondents’
calculated rates, Commerce has revised
the all-others rate. Commerce has also
revised the adverse facts available
(AFA) rate. For a discussion of these
changes, see the Issues and Decision
Memorandum and the Final Calculation
Memoranda.8
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 Memoranda, ‘‘Verification of the
Questionnaire Responses of Modern Heavy
Industries (Taicang) Co., Ltd. (Modern Heavy),’’
dated October 10, 2019, and ‘‘Verification of the
Questionnaire Responses of Shanghai Matsuo Steel
Structure Co., Ltd.,’’ dated October 11, 2019.
8 See Memoranda, ‘‘Countervailing Duty
Investigation of Fabricated Structural Steel from the
People’s Republic of China: Final Determination
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Final Determination
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
calculated individual estimated subsidy
rates for Modern Heavy and Shanghai
Matsuo, and established subsidy rates
for the 12 companies that failed to
respond to Commerce’s quantity and
value questionnaire by applying AFA.
Section 705(c)(5)(A)(i) of the Act states
that, for companies not individually
investigated, Commerce will determine
an all-others rate equal to the weightedaverage countervailable subsidy rates
established for exporters and/or
producers individually investigated,
excluding any zero and de minimis
countervailable subsidy rates, and any
rates determined entirely under section
776 of the Act. Therefore, Commerce
calculated the all-others rate using a
weighted-average of the individual
estimated subsidy rates calculated for
the examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.9
Commerce determines the total
estimated net countervailable subsidy
rates to be the following:
Company
Hongju Metals Co., Ltd .........
Huaye Steel Structure Co ....
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Jiangsu Kingmore Storage
Equipment .........................
Jiangsu Zhengchang Cereal
Oil & Feed .........................
Modern Heavy Industries
(Taicang) Co., Ltd .............
Ningbo Jiangbei Huarentai
Trade .................................
Ningbo Win Success Machinery Co., Ltd .................
Shangdong Taipeng Home
Products Co ......................
Shanghai Matsuo Steel
Structure Co., Ltd.10 .........
Sinopec Engineering (Group)
Co., Ltd .............................
Sunjoy Industrial Group Limited ....................................
Sunjoy Industries (Jiashan)
Co., Ltd .............................
Wuxi Huishan Metalwork
Technology Co., Ltd ..........
Yueqing Yihua New Energy
Technology ........................
All Others ..............................
Subsidy rate
(percent)
206.49
206.49
27.34
206.49
206.49
206.49
34.70
206.49
206.49
206.49
206.49
206.49
30.28
Disclosure
Commerce intends to disclose the
calculations performed in connection
with this final determination within five
Subsidy rate
days of the date of publication of this
(percent)
notice to parties in this proceeding in
206.49 accordance with 19 CFR 351.224(b).
206.49
Calculation Memorandum for Modern Heavy
Industries (Taicang) Co., Ltd.,’’ and ‘‘Countervailing
Duty Investigation of Fabricated Structural Steel
from the People’s Republic of China: Final
Determination Calculation Memorandum for
Shanghai Matsuo Steel Structure Co., Ltd.,’’ both
dated concurrently with this notice (collectively,
Final Calculation Memoranda).
9 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661,
53662–63 (September 1, 2010). As complete
publicly ranged sales data was available, Commerce
based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a
complete analysis of the data, see Memorandum,
‘‘Calculation of the ‘All Others’ Rate in the Final
Determination of the Countervailing Duty
Investigation of Certain Fabricated Structural Steel
from the People’s Republic of China,’’ dated
concurrently with this notice.
10 As discussed in the Preliminary Determination,
Commerce has found the following companies to be
cross-owned with Shanghai Matsuo: (1) Chixiao
Enterprise Co., Ltd.; and (2) Nanshan Development
(Group) Incorporation.
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Company
5385
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise, as described in the scope
of the investigation section, entered, or
withdrawn from warehouse, for
consumption on or after July 12, 2019,
the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we issued
instructions to CBP to discontinue the
suspension of liquidation for
countervailing duty (CVD) purposes for
subject merchandise entered, or
withdrawn from warehouse, on or after
November 9, 2019, but to continue the
suspension of liquidation of all entries
from July 12, 2019 through November 8,
2019.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
intend to issue a CVD order, reinstate
the suspension of liquidation under
section 706(a) of the Act, and require a
cash deposit of estimated countervailing
duties for such entries of subject
merchandise in the amounts indicated
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above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
705(b) of the Act, the ITC will make 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 a CVD order directing CBP to
assess, upon further instruction by
Commerce, countervailing 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 Order (APO)
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to the 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.
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Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) 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
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structural steel. Fabricated structural steel is
made from steel in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is two percent or less by weight.
Fabricated structural steel products are steel
products that have been fabricated for
erection or assembly into structures,
including, but not limited to, buildings
(commercial, office, institutional, and multifamily residential); industrial and utility
projects; parking decks; arenas and
convention centers; medical facilities; and
ports, transportation and infrastructure
facilities. Fabricated structural steel is
manufactured from carbon and alloy
(including stainless) steel products such as
angles, columns, beams, girders, plates,
flange shapes (including manufactured
structural shapes utilizing welded plates as a
substitute for rolled wide flange sections),
channels, hollow structural section (HSS)
shapes, base plates, and plate-work
components. Fabrication includes, but is not
limited to cutting, drilling, welding, joining,
bolting, bending, punching, pressure fitting,
molding, grooving, adhesion, beveling, and
riveting and may include items such as
fasteners, nuts, bolts, rivets, screws, hinges,
or joints.
The inclusion, attachment, joining, or
assembly of non-steel components with
fabricated structural steel does not remove
the fabricated structural steel from the scope.
Fabricated structural steel is covered by the
scope of the investigation regardless of
whether it is painted, varnished, or coated
with plastics or other metallic or nonmetallic substances and regardless of
whether it is assembled or partially
assembled, such as into modules,
modularized construction units, or subassemblies of fabricated structural steel.
Subject merchandise includes fabricated
structural steel that has been assembled or
further processed in the subject country or a
third country, including but not limited to
painting, varnishing, trimming, cutting,
drilling, welding, joining, bolting, punching,
bending, beveling, riveting, galvanizing,
coating, and/or slitting or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the fabricated structural steel.
All products that meet the written physical
description of the merchandise covered by
the investigation are within the scope of the
investigation unless specifically excluded or
covered by the scope of an existing
countervailing 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.
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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
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for steel poles. The exclusion for steel
electric distribution poles also encompasses
the following components thereof:
Distribution arms and cross-arms; pole bases;
angles that do not exceed 8″ x 8″ x 0.75″;
steel vangs, steel brackets, steel flanges, and
steel caps; safety climbing cables; ladders;
and steel templates.
• Steel Traffic Signal Poles, Steel Roadway
Lighting Poles, Steel Parking Lot Lighting
Poles, and Steel Sports Lighting Poles, or
segments of such poles, that meet (1) the
American Association of State Highway and
Transportation Officials (AASHTO)—
Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic
Signals, (2) any state or local derivatives of
the AASHTO highway sign, luminaries, and
traffic signals requirements, or (3) American
National Standard Institute (ANSI) C136—
American National Standard for Roadway
and Area Lighting Equipment standards. The
exclusion for steel traffic signal poles, steel
roadway lighting poles, steel parking lot
lighting poles, and steel sports lighting poles
also encompasses the following components
thereof: Luminaire arms; hand hole rims;
hand hole covers; base plates that connect to
either the shaft or the arms; mast arm clamps;
mast arm tie rods; transformer base boxes;
formed full base covers that hide anchor
bolts; step lugs; internal cable guides;
lighting cross arms; lighting service
platforms; angles that do not exceed 8″ x 8″
x 0.75″; stainless steel hand hole door hinges
and wind restraints; steel brackets, steel
flanges, and steel caps; safety climbing
cables; ladders; and steel templates.
• Communication Poles, or segments of
such poles, that meet (1)
Telecommunications Industry Association
(TIA) ANSI/TIA–222 Structural Standards for
Steel Antenna Towers and Antenna
Supporting Structures, or (2) American
Association of State Highway and
Transportation Officials (AASHTO)—
Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic
Signals. The exclusion for communication
poles also encompasses the following
components thereof: Luminaire arms; hand
hole rims; hand hole covers; base plate that
connects the pole to the foundation or arm
to the pole; safety climbing cables; ladders;
service ground platforms; step lugs; pole
steps; steel brackets, steel flanges, and steel
caps; angles that do not exceed 8″ x 8″ x
0.75″; coax, and safety brackets;
subcomponent kits for antenna mounts
weighing 80 lbs. or less; service platforms;
ice bridges; stainless steel hand hole door
hinges and wind restraints; and steel
templates.
• OEM Round or Polygonal Tapered Steel
Poles, segments or shaft components of such
poles, that meet the (1) ASCE 48 or AASHTO,
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS
bulletin 1724E–204, or (5) RUS bulletin
1724E–214. The exclusion for OEM round or
polygonal tapered steel poles also
encompasses the following components
thereof: Subcomponent kits for antenna
mounts weighing 80 lbs. or less; mounts and
platforms; steel brackets, steel flanges, and
steel caps; angles that do not exceed 8″ x 8″
x 0.75″; bridge kits; safety climbing cables;
ladders; and steel templates.
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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. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
General Issues
Comment 1: Whether Policy Lending Is
Specific
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
5387
Comment 2: Export Buyer’s Credit (EBC)
Program
Comment 3: Whether the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR) Is Specific
Comment 4: Whether Input Purchases for
LTAR Are Specific
Comment 5: Input Market Distortion
Comment 6: Whether To Adjust
Benchmark Ocean Freight Rates for Input
Purchases for LTAR
Comment 7: Using Basket Harmonized
Tariff Schedule (HTS) Categories in the
Benchmark for Hot-Rolled Steel
Purchases for LTAR
Company-Specific Issues
Modern Heavy
Comment 8: How Commerce Should Treat
a Policy Loan Discovered at Verification
Comment 9: Whether Commerce
Improperly Rejected Modern Heavy’s
Customer Declarations as Untimely New
Factual Information
Comment 10: Errors in the Benefit
Calculation for the Electricity for LTAR
Program
Shanghai Matsuo
Comment 11: Uncreditworthiness
Allegation for Shanghai Matsuo’s CrossOwned Affiliates
Comment 12: Whether Commerce Should
Find Electricity Purchased by Shanghai
Matsuo’s Cross-Owned Affiliates
Countervailable
Comment 13: Whether Input Purchases
From Market-Economy Suppliers Are
Countervailable
Comment 14: Appropriate Benchmark for
Valuing Land Use Rights for LTAR
Comment 15: Whether Commerce Should
Countervail Policy Loans Uncovered
During the Course of the Investigation
IX. Recommendation
[FR Doc. 2020–01721 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–865]
Certain Fabricated Structural Steel
From Canada: Final Negative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are not being
provided to producers and exporters of
certain fabricated structural steel
(fabricated structural steel) from
Canada. The period of investigation is
January 1, 2018 through December 31,
2018.
AGENCY:
DATES:
Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon or Jacob Garten, AD/
CVD Operations, Office II, Enforcement
E:\FR\FM\30JAN1.SGM
30JAN1
Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5384-5387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-103]
Certain Fabricated Structural Steel From the People's Republic of
China: Final Affirmative Countervailing Duty Determination
AGENCY: 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/or
exporters of certain fabricated structural steel (fabricated structural
steel) from the People's Republic of China (China). The period of
investigation is January 1, 2018 through December 31, 2018.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT: Darla Brown or William Miller, 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) 482-1791 or (202) 482-3906,
respectively.
SUPPLEMENTARY INFORMATION:
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 China (GOC), the mandatory respondents in this
investigation are Modern Heavy Industries (Taicang) Co., Ltd. (Modern
Heavy) and Shanghai Matsuo Steel Structure Co., Ltd. (Shanghai Matsuo).
---------------------------------------------------------------------------
\1\ See Certain Fabricated Structural Steel from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination with Final
Antidumping Duty Determination, 84 FR 33224 (July 12, 2019)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
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 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
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.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty 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,\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.
---------------------------------------------------------------------------
\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 Countervailing
Duty Investigations, 84 FR 7339 (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.\5\ Based on
the comments received, Commerce is modifying the scope language as it
appeared in the Preliminary Determination. See the
[[Page 5385]]
revised scope in Appendix I to this notice.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in August and September
2019, Commerce verified the subsidy information reported by Modern
Heavy and Shanghai Matsuo. We used standard verification procedures,
including an examination of relevant accounting records and original
source documents provided by the respondents.\7\
---------------------------------------------------------------------------
\7\ See Memoranda, ``Verification of the Questionnaire Responses
of Modern Heavy Industries (Taicang) Co., Ltd. (Modern Heavy),''
dated October 10, 2019, and ``Verification of the Questionnaire
Responses of Shanghai Matsuo Steel Structure Co., Ltd.,'' dated
October 11, 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 subsidy rate
calculations for Modern Heavy and Shanghai Matsuo. As a result of the
changes to the respondents' calculated rates, Commerce has revised the
all-others rate. Commerce has also revised the adverse facts available
(AFA) rate. For a discussion of these changes, see the Issues and
Decision Memorandum and the Final Calculation Memoranda.\8\
---------------------------------------------------------------------------
\8\ See Memoranda, ``Countervailing Duty Investigation of
Fabricated Structural Steel from the People's Republic of China:
Final Determination Calculation Memorandum for Modern Heavy
Industries (Taicang) Co., Ltd.,'' and ``Countervailing Duty
Investigation of Fabricated Structural Steel from the People's
Republic of China: Final Determination Calculation Memorandum for
Shanghai Matsuo Steel Structure Co., Ltd.,'' both dated concurrently
with this notice (collectively, Final Calculation Memoranda).
---------------------------------------------------------------------------
Final Determination
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we
calculated individual estimated subsidy rates for Modern Heavy and
Shanghai Matsuo, and established subsidy rates for the 12 companies
that failed to respond to Commerce's quantity and value questionnaire
by applying AFA. Section 705(c)(5)(A)(i) of the Act states that, for
companies not individually investigated, Commerce will determine an
all-others rate equal to the weighted-average countervailable subsidy
rates established for exporters and/or producers individually
investigated, excluding any zero and de minimis countervailable subsidy
rates, and any rates determined entirely under section 776 of the Act.
Therefore, Commerce calculated the all-others rate using a weighted-
average of the individual estimated subsidy rates calculated for the
examined respondents using each company's publicly-ranged values for
the merchandise under consideration.\9\
---------------------------------------------------------------------------
\9\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662-63
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, see Memorandum, ``Calculation of the `All Others' Rate in
the Final Determination of the Countervailing Duty Investigation of
Certain Fabricated Structural Steel from the People's Republic of
China,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Commerce determines the total estimated net countervailable subsidy
rates to be the following:
---------------------------------------------------------------------------
\10\ As discussed in the Preliminary Determination, Commerce has
found the following companies to be cross-owned with Shanghai
Matsuo: (1) Chixiao Enterprise Co., Ltd.; and (2) Nanshan
Development (Group) Incorporation.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Hongju Metals Co., Ltd.................................. 206.49
Huaye Steel Structure Co................................ 206.49
Jiangsu Kingmore Storage Equipment...................... 206.49
Jiangsu Zhengchang Cereal Oil & Feed.................... 206.49
Modern Heavy Industries (Taicang) Co., Ltd.............. 27.34
Ningbo Jiangbei Huarentai Trade......................... 206.49
Ningbo Win Success Machinery Co., Ltd................... 206.49
Shangdong Taipeng Home Products Co...................... 206.49
Shanghai Matsuo Steel Structure Co., Ltd.\10\........... 34.70
Sinopec Engineering (Group) Co., Ltd.................... 206.49
Sunjoy Industrial Group Limited......................... 206.49
Sunjoy Industries (Jiashan) Co., Ltd.................... 206.49
Wuxi Huishan Metalwork Technology Co., Ltd.............. 206.49
Yueqing Yihua New Energy Technology..................... 206.49
All Others.............................................. 30.28
------------------------------------------------------------------------
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
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of subject merchandise, as described in the scope of the investigation
section, entered, or withdrawn from warehouse, for consumption on or
after July 12, 2019, the date of publication of the Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, we issued instructions to CBP to discontinue the
suspension of liquidation for countervailing duty (CVD) purposes for
subject merchandise entered, or withdrawn from warehouse, on or after
November 9, 2019, but to continue the suspension of liquidation of all
entries from July 12, 2019 through November 8, 2019.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we intend to issue a CVD order,
reinstate the suspension of liquidation under section 706(a) of the
Act, and require a cash deposit of estimated countervailing duties for
such entries of subject merchandise in the amounts indicated
[[Page 5386]]
above. If the ITC determines that material injury, or threat of
material injury, does not exist, this proceeding will be terminated and
all estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. Because the final determination in this
proceeding is affirmative, in accordance with section 705(b) of the
Act, the ITC will make 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 a CVD order directing CBP to
assess, upon further instruction by Commerce, countervailing 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 Order (APO)
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the 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 pursuant to sections
705(d) and 777(i) 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 countervailing 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
[[Page 5387]]
for steel poles. The exclusion for steel electric distribution poles
also encompasses the following components thereof: Distribution arms
and cross-arms; pole bases; angles that do not exceed 8 x
8 x 0.75; steel vangs, steel brackets, steel
flanges, and steel caps; safety climbing cables; ladders; and steel
templates.
Steel Traffic Signal Poles, Steel Roadway Lighting
Poles, Steel Parking Lot Lighting Poles, and Steel Sports Lighting
Poles, or segments of such poles, that meet (1) the American
Association of State Highway and Transportation Officials (AASHTO)--
Specifications for Structural Supports for Highway Signs,
Luminaires, and Traffic Signals, (2) any state or local derivatives
of the AASHTO highway sign, luminaries, and traffic signals
requirements, or (3) American National Standard Institute (ANSI)
C136--American National Standard for Roadway and Area Lighting
Equipment standards. The exclusion for steel traffic signal poles,
steel roadway lighting poles, steel parking lot lighting poles, and
steel sports lighting poles also encompasses the following
components thereof: Luminaire arms; hand hole rims; hand hole
covers; base plates that connect to either the shaft or the arms;
mast arm clamps; mast arm tie rods; transformer base boxes; formed
full base covers that hide anchor bolts; step lugs; internal cable
guides; lighting cross arms; lighting service platforms; angles that
do not exceed 8 x 8 x 0.75;
stainless steel hand hole door hinges and wind restraints; steel
brackets, steel flanges, and steel caps; safety climbing cables;
ladders; and steel templates.
Communication Poles, or segments of such poles, that
meet (1) Telecommunications Industry Association (TIA) ANSI/TIA-222
Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures, or (2) American Association of State Highway and
Transportation Officials (AASHTO)--Specifications for Structural
Supports for Highway Signs, Luminaires, and Traffic Signals. The
exclusion for communication poles also encompasses the following
components thereof: Luminaire arms; hand hole rims; hand hole
covers; base plate that connects the pole to the foundation or arm
to the pole; safety climbing cables; ladders; service ground
platforms; step lugs; pole steps; steel brackets, steel flanges, and
steel caps; angles that do not exceed 8 x 8 x
0.75; coax, and safety brackets; subcomponent kits for
antenna mounts weighing 80 lbs. or less; service platforms; ice
bridges; stainless steel hand hole door hinges and wind restraints;
and steel templates.
OEM Round or Polygonal Tapered Steel Poles, segments or
shaft components of such poles, that meet the (1) ASCE 48 or AASHTO,
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E-204, or (5)
RUS bulletin 1724E-214. The exclusion for OEM round or polygonal
tapered steel poles also encompasses the following components
thereof: Subcomponent kits for antenna mounts weighing 80 lbs. or
less; mounts and platforms; steel brackets, steel flanges, and steel
caps; angles that do not exceed 8'' x 8'' x 0.75''; bridge kits;
safety climbing cables; ladders; and steel templates.
The inclusion or attachment of one or more of the above-
referenced steel poles in a structure containing fabricated
structural steel 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. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
General Issues
Comment 1: Whether Policy Lending Is Specific
Comment 2: Export Buyer's Credit (EBC) Program
Comment 3: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Specific
Comment 4: Whether Input Purchases for LTAR Are Specific
Comment 5: Input Market Distortion
Comment 6: Whether To Adjust Benchmark Ocean Freight Rates for
Input Purchases for LTAR
Comment 7: Using Basket Harmonized Tariff Schedule (HTS)
Categories in the Benchmark for Hot-Rolled Steel Purchases for LTAR
Company-Specific Issues
Modern Heavy
Comment 8: How Commerce Should Treat a Policy Loan Discovered at
Verification
Comment 9: Whether Commerce Improperly Rejected Modern Heavy's
Customer Declarations as Untimely New Factual Information
Comment 10: Errors in the Benefit Calculation for the
Electricity for LTAR Program
Shanghai Matsuo
Comment 11: Uncreditworthiness Allegation for Shanghai Matsuo's
Cross-Owned Affiliates
Comment 12: Whether Commerce Should Find Electricity Purchased
by Shanghai Matsuo's Cross-Owned Affiliates Countervailable
Comment 13: Whether Input Purchases From Market-Economy
Suppliers Are Countervailable
Comment 14: Appropriate Benchmark for Valuing Land Use Rights
for LTAR
Comment 15: Whether Commerce Should Countervail Policy Loans
Uncovered During the Course of the Investigation
IX. Recommendation
[FR Doc. 2020-01721 Filed 1-29-20; 8:45 am]
BILLING CODE 3510-DS-P