Certain Fabricated Structural Steel From Mexico: Final Determination of Sales at Less Than Fair Value, 5390-5394 [2020-01722]
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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—
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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 × 600mm to 3000mm ×
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.
Primary and Manufacturing Sectors
Program is Specific and Provides a
Countervailable Benefit
Comment 8: Whether the E´nergir L.P.
Efficiency Program is Specific and
Provides a Countervailable Benefit
Comment 9: Whether the EcoPerformance
Program is Specific and Provides a
Countervailable Benefit
Comment 10: Whether the MEI Audit
Industry 4.0 Program is Specific and
Provides a Countervailable Benefit
Comment 11: Whether the Que´bec
Scientific Research and Development
Tax Credit is de facto Specific
Comment 12: Whether the Tax Credit for
Industrial Establishment from Ville de
Thetford is de jure Specific
Comment 13: Whether E´nergir L.P. is an
‘‘Authority’’
Comment 14: Whether Commerce Should
Use Canatal’s Consolidated Sales Value
Comment 15: Whether Taxes Should Be
Included in the Benefit Amount for the
Hydro-Quebec Industrial Systems
Program
Comment 16: Whether Commerce DoubleCounted Benefit Amounts for Certain
Programs Used by Canatal
Comment 17: Whether Commerce Correctly
Determined that Three Hydro-Que´bec
Programs Were Not Used in the POI
VIII. Recommendation
Appendix II
Certain Fabricated Structural Steel
From Mexico: Final Determination of
Sales at Less Than Fair Value
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether There Was Sufficient
Industry Support to Initiate this
Investigation
Comment 2: Whether to Apply Adverse
Facts Available (AFA) to the
Respondents
Comment 3: Whether to Adjust the
Respondents’ Denominator
Comment 4: Whether the Additional
Depreciation for Class 1 and 1B Assets
Program is Specific and Provides a
Countervailable Benefit
Comment 5: Whether the Hydro-Que´bec
Industrial Systems (Energy Efficiency)
Program is Specific and Provides a
Countervailable Benefit
Comment 6: Whether the Que´bec Tax
Credit for On-the-Job Training Program is
Specific and Provides a Countervailable
Benefit
Comment 7: Whether the Que´bec
Additional Reduction in Tax Rate for
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[FR Doc. 2020–01719 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–850]
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 Mexico is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2018 through December 31, 2018. The
final dumping margins of sales at LTFV
are shown in the ‘‘Final Determination’’
section of this notice.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Aleksandras Nakutis, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4037 or (202) 482–3147,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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Background
Scope Comments
On September 10, 2019, Commerce
published the Preliminary
Determination of sales at LTFV of
fabricated structural steel from Mexico,
in which we also postponed the final
determination to January 23, 2020.1 The
petitioner in this investigation is the
American Institute of Steel Construction
Full Member Subgroup. 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).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
parties for this final determination, are
discussed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.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 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 the electronic versions
of the Issues and Decision
Memorandum are identical in content.
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
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 to this
notice.
Scope of the Investigation
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The product covered by this
investigation is fabricated structural
steel from Mexico. For a complete
description of the scope of this
investigation, see Appendix I.
1 See Certain Fabricated Structural Steel from
Mexico: Preliminary Affirmative Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 84 FR 47487 (September 10,
2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(PDM).
2 Corey refers to the collapsed entity consisting of
Corey S.A. de C.V. and Industrias Recal S.A. de
C.V.; see Preliminary Determination and
accompanying PDM; see also Memorandum,
‘‘Antidumping Duty Investigation of Fabricated
Structural Steel from Mexico: Preliminary
Affiliation and Collapsing Memorandum for Corey
S.A. de C.V.,’’ dated September 3, 2019.
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 Mexico,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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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 and October 2019, we
conducted verifications of the sales and
cost information submitted by BSM and
Corey for use in our final determination.
We used standard verification
procedures, including an examination of
relevant accounting and production
records, and original source documents
provided by BSM and Corey.7
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).
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 a discussion of our verification findings, see
Memoranda, ‘‘Verification of the Sales
Questionnaire Responses of Building Systems de
Mexico S.A. de C.V. in the Antidumping Duty
Investigation of Certain Fabricated Structural Steel
from Mexico,’’ dated October 31, 2019;
‘‘Verification of NCI Group, Inc. and RobertsonCeco II Corporation in the Antidumping Duty
Investigation of Certain Fabricated Structural Steel
from Mexico,’’ dated October 31, 2019;
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Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the dumping margin calculations. For a
discussion of these changes, see the
Issues and Decision Memorandum and
Final Calculation Memoranda.8
In addition, we revised the margin
calculation for BSM to reflect the
application of partial facts available
with an adverse inference pursuant to
section 776 of the Act. For a discussion
of this change, see Comment 16 of the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides 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 any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. BSM is the only
respondent for which Commerce
calculated an estimated weightedaverage dumping margin that is not
zero, de minimis, or based entirely on
facts otherwise available. Therefore, for
purposes of determining the all-others
rate, pursuant to section 735(c)(5)(A) of
the Act, we are using the estimated
weighted-average dumping margin
calculated for BSM, as referenced in the
‘‘Final Determination’’ section below.
Use of Adverse Facts Available
In the Preliminary Determination, we
based the dumping margins for certain
non-responsive companies on adverse
facts available (AFA).9 The AFA rate is
‘‘Verification of the Cost Responses of Building
Systems de Mexico S.A. de C.V. in the
Antidumping Duty Investigation of Certain
Fabricated Structural Steel from Mexico,’’ dated
November 1, 2019; ‘‘Verification of the Sales
Response of Corey S.A. de C.V. and Industrias Recal
S.A. de C.V.’’ dated November 5, 2019; and
‘‘Verification of the Cost Response of Corey S.A. de
C.V. in the Antidumping Duty Investigation of
Fabricated Structural Steel from Mexico,’’ dated
October 31, 2019).
8 See Memoranda, ‘‘Analysis Memorandum for
the Final Determination in the Antidumping Duty
Investigation of Certain Fabricated Structural Steel
From Mexico: Building Systems de Mexico S.A. de
C.V.’’; ‘‘Constructed Value Calculation Adjustments
for the Final Determination—Building Systems de
Mexico S.A. de C.V.’’; ‘‘Analysis Memorandum for
the Final Determination in the Antidumping Duty
Investigation of Certain Fabricated Structural Steel
from Mexico: Corey S.A. de C.V.’’; and
‘‘Constructed Value Calculation Adjustments for the
Final Determination—Corey S.A. de C.V.,’’ all dated
concurrently with this notice (collectively, Final
Calculation Memoranda).
9 See Preliminary Determination and
accompanying PDM.
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the only, and therefore, the highest,
dumping margin in the petition (i.e.,
30.58 percent). We received no
comments on our determination to use
AFA with respect to these companies.
Accordingly, we are continuing to
assign a dumping margin based on AFA
to the non-responsive companies in this
investigation.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Building Systems de Mexico, S.A. de C.V ..............................................................................................................
Corey S.A. de C.V./Industrias Recal S.A. de C.V ...................................................................................................
Acero Technologia, S.A. de C.V .............................................................................................................................
Construcciones Industriales Tapia S.A. de C.V ......................................................................................................
Estructuras Metalicas la Popular S.A. de C.V./MSCI .............................................................................................
Operadora CICSA, S.A. de C.V. Swecomex—Guadalajara ...................................................................................
All Others .................................................................................................................................................................
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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) and C 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 Mexico, as
described in Appendix I of this notice,
which are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register other than entries
of fabricated structural steel produced
and exported by Corey, because its rate
is zero. These suspension-of-liquidation
instructions will remain in effect until
further notice.
In addition, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP
to require a cash deposit for such entries
of merchandise equal to the estimated
weighted-average dumping margin as
follows: (1) The cash deposit rate for the
companies listed in the table above will
be equal to the company-specific
estimated weighted-average dumping
margin identified for that company in
the table; (2) if the exporter is not a
company listed in the table above, but
the producer is, then the cash deposit
rate will be equal to the companyspecific estimated weighted-average
dumping margin listed for that producer
of the subject merchandise in the above
table; and (3) the cash deposit rate for
all other producers and exporters will
be equal to the all-others estimated
weighted-average dumping margin.
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These suspension of liquidation
instructions will remain in effect until
further notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce makes an affirmative
determination for export subsidies,
Commerce offsets the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). In this
case, we have found export subsidies for
certain 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
estimated weighted-average dumping
margin adjusted for export subsidies at
this time.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
accordance with section 735(b)(2) 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 or
sales (or the likelihood of sales) of
subject merchandise for importation no
later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits posted will be refunded.
If the ITC determines that such injury
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Cash deposit
rate
(adjusted
for subsidy
offset(s))
(percent)
8.47
0
30.58
30.58
30.58
30.58
8.47
8.47
0
0
0
0
0
0
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 of
this notice.
Notification Regarding Administrative
Protective Order (APO)
In the event that the ITC issues a final
negative injury determination, this
notice will serve as a final reminder to
the parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
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
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products that have been fabricated for
erection or assembly into structures,
including, but not limited to, buildings
(commercial, office, institutional, and multifamily residential); industrial and utility
projects; parking decks; arenas and
convention centers; medical facilities; and
ports, transportation and infrastructure
facilities. Fabricated structural steel is
manufactured from carbon and alloy
(including stainless) steel products such as
angles, columns, beams, girders, plates,
flange shapes (including manufactured
structural shapes utilizing welded plates as a
substitute for rolled wide flange sections),
channels, hollow structural section (HSS)
shapes, base plates, and plate-work
components. Fabrication includes, but is not
limited to cutting, drilling, welding, joining,
bolting, bending, punching, pressure fitting,
molding, grooving, adhesion, beveling, and
riveting and may include items such as
fasteners, nuts, bolts, rivets, screws, hinges,
or joints.
The inclusion, attachment, joining, or
assembly of non-steel components with
fabricated structural steel does not remove
the fabricated structural steel from the scope.
Fabricated structural steel is covered by the
scope of the investigation regardless of
whether it is painted, varnished, or coated
with plastics or other metallic or nonmetallic substances and regardless of
whether it is assembled or partially
assembled, such as into modules,
modularized construction units, or subassemblies of fabricated structural steel.
Subject merchandise includes fabricated
structural steel that has been assembled or
further processed in the subject country or a
third country, including but not limited to
painting, varnishing, trimming, cutting,
drilling, welding, joining, bolting, punching,
bending, beveling, riveting, galvanizing,
coating, and/or slitting or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the fabricated structural steel.
All products that meet the written physical
description of the merchandise covered by
the investigation are within the scope of the
investigation unless specifically excluded or
covered by the scope of an existing
antidumping duty order.
Specifically excluded from the scope of the
investigation are:
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
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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
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steel caps; safety climbing cables; ladders;
and steel templates.
• Steel Traffic Signal Poles, Steel Roadway
Lighting Poles, Steel Parking Lot Lighting
Poles, and Steel Sports Lighting Poles, or
segments of such poles, that meet (1) the
American Association of State Highway and
Transportation Officials (AASHTO)—
Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic
Signals, (2) any state or local derivatives of
the AASHTO highway sign, luminaries, and
traffic signals requirements, or (3) American
National Standard Institute (ANSI) C136—
American National Standard for Roadway
and Area Lighting Equipment standards. The
exclusion for steel traffic signal poles, steel
roadway lighting poles, steel parking lot
lighting poles, and steel sports lighting poles
also encompasses the following components
thereof: Luminaire arms; hand hole rims;
hand hole covers; base plates that connect to
either the shaft or the arms; mast arm clamps;
mast arm tie rods; transformer base boxes;
formed full base covers that hide anchor
bolts; step lugs; internal cable guides;
lighting cross arms; lighting service
platforms; angles that do not exceed 8″ x 8″
x 0.75″; stainless steel hand hole door hinges
and wind restraints; steel brackets, steel
flanges, and steel caps; safety climbing
cables; ladders; and steel templates.
• Communication Poles, or segments of
such poles, that meet (1)
Telecommunications Industry Association
(TIA) ANSI/TIA–222 Structural Standards for
Steel Antenna Towers and Antenna
Supporting Structures, or (2) American
Association of State Highway and
Transportation Officials (AASHTO)—
Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic
Signals. The exclusion for communication
poles also encompasses the following
components thereof: Luminaire arms; hand
hole rims; hand hole covers; base plate that
connects the pole to the foundation or arm
to the pole; safety climbing cables; ladders;
service ground platforms; step lugs; pole
steps; steel brackets, steel flanges, and steel
caps; angles that do not exceed 8″ x 8″ x
0.75″, coax, and safety brackets;
subcomponent kits for antenna mounts
weighing 80 lbs. or less; service platforms;
ice bridges; stainless steel hand hole door
hinges and wind restraints; and steel
templates.
• OEM Round or Polygonal Tapered Steel
Poles, segments or shaft components of such
poles, that meet the (1) ASCE 48 or AASHTO,
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS
bulletin 1724E–204, or (5) RUS bulletin
1724E–214. The exclusion for OEM round or
polygonal tapered steel poles also
encompasses the following components
thereof: Subcomponent kits for antenna
mounts weighing 80 lbs. or less; mounts and
platforms; steel brackets, steel flanges, and
steel caps; angles that do not exceed 8″ x 8″
x 0.75″; bridge kits; safety climbing cables;
ladders; and steel templates.
The inclusion or attachment of one or more
of the above-referenced steel poles in a
structure containing fabricated structural
steel (FSS) does not remove the FSS from the
scope of the investigation. No language
E:\FR\FM\30JAN1.SGM
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
General
Comment 1: Reporting Requirements for
U.S. Sales
Comment 2: Remove Home-Market Projects
Outside the Reporting Requirements for
U.S. Sales in the Constructed Value
Profit Calculation
BSM
Comment 3: Whether BSM Failed To
Report Accurate and Reliable U.S. Prices,
VerDate Sep<11>2014
16:56 Jan 29, 2020
Jkt 250001
and Whether To Apply Adverse Facts
Available to BSM
Comment 4: Whether BSM Should Report
the Value of Subject Merchandise
Through a Section E Questionnaire
Response
Comment 5: Valuation of an Order
Associated With Two Different Sales
Comment 6: Whether BSM Double Counted
Revenue for an Order
Comment 7: Alternate Differential Pricing
Analysis
Comment 8: Grant CEP Offset
Comment 9: CEP Profit Rate Calculation
Comment 10: Whether Commerce Should
Use BSM’s Reported Date of Sale
Comment 11: Whether Commerce Should
Use the Revised Indirect Selling Expense
Ratio for Components Segment Sales
Comment 12: BSM’s Affiliated Party Input
Purchases
Comment 13: CV Profit Rate Used for BSM
Comment 14: BSM’s Financial Expense
Ratio
Comment 15: Adjustments Required by
Mexican Financial Reporting Standards
(MFRS)
Comment 16: Application of Partial Facts
Available With Adverse Inferences
Corey
Comment 17: Whether Corey’s Hudson
Yards Tower A Project Sale Fell Within
the POI
Comment 18: Whether To Rescind
Voluntary Respondent Treatment of
Corey
Comment 19: Adjust Corey’s Report Costs
To Account for All Affiliated Purchases
Comment 20: Subtract Scrap Revenue
From Total Cost of Manufacturing
VII. Recommendation
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2623.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2019, in accordance
with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of an
administrative review of the
antidumping duty order on CVP 23 from
India.1 Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018 through
the resumption of operations on January
29, 2019.2 The revised deadline for the
preliminary results in this
administrative review was October 3,
2019.3 Subsequently, on August 15,
2019, Commerce postponed the
deadline for the preliminary results of
this administrative review until January
31, 2020, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).4
Scope of the Order 5
The merchandise covered by the
Order is CVP–23 identified as Color
Index No. 51319 and Chemical Abstract
No. 6358–30–1, with the chemical name
of diindolo [3,2-b:3′,2′m] 6 triphenodioxazine, 8,18-dichloro-5,
15-diethy-5, 15-dihydro-, and molecular
[FR Doc. 2020–01722 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–838]
Carbazole Violet Pigment 23 From
India: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Pidilite Industries Limited
(Pidilite), a producer/exporter of
carbazole violet pigment 23 (CVP 23)
from India, did not sell subject
merchandise at prices below normal
value (NV) during the period of review
(POR) December 1, 2017 through
November 30, 2018.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
George Ayache, AD/CVD Operations,
Office VIII, Enforcement and
AGENCY:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
for Enforcement and Compliance, ‘‘Deadlines
Affected by the Partial Shutdown of the Federal
Government,’’ dated January 28, 2019. All deadlines
in this segment of the proceeding have been
extended by 40 days.
3 See Memorandum to the Record from Irene
Darzenta Tzafolias, Director, Office VIII,
Antidumping and Countervailing Duty Operations,
‘‘December Order Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
August 7, 2019.
4 See Memorandum to James Maeder, Deputy
Assistance Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Carbazole Violet
Pigment 23 from India: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 15, 2019.
5 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Carbazole Violet Pigment 23 From
India, 69 FR 77988 (December 29, 2004) (Order).
6 The bracketed section of the product
description, [3,2-b:3′,2′-m], is not business
proprietary information. In this case, the brackets
are simply part of the chemical nomenclature. See
‘‘Amendment to Petition for Antidumping
Investigations of China and India and a
Countervailing Duty Investigation of India on
Imports of Carbazole Violet Pigment 23 in the forms
of Crude Pigment, Presscake and Dry Color
Pigment,’’ dated December 3, 2003, at 8.
E:\FR\FM\30JAN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5390-5394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01722]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-850]
Certain Fabricated Structural Steel From Mexico: Final
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 Mexico
is being, or is likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation (POI) is January 1, 2018
through December 31, 2018. The final dumping margins of sales at LTFV
are shown in the ``Final Determination'' section of this notice.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Aleksandras Nakutis,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4037 or (202)
482-3147, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 5391]]
Background
On September 10, 2019, Commerce published the Preliminary
Determination of sales at LTFV of fabricated structural steel from
Mexico, in which we also postponed the final determination to January
23, 2020.\1\ The petitioner in this investigation is the American
Institute of Steel Construction Full Member Subgroup. 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).\2\
---------------------------------------------------------------------------
\1\ See Certain Fabricated Structural Steel from Mexico:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 84 FR 47487
(September 10, 2019) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ Corey refers to the collapsed entity consisting of Corey
S.A. de C.V. and Industrias Recal S.A. de C.V.; see Preliminary
Determination and accompanying PDM; see also Memorandum,
``Antidumping Duty Investigation of Fabricated Structural Steel from
Mexico: Preliminary Affiliation and Collapsing Memorandum for Corey
S.A. de C.V.,'' dated September 3, 2019.
---------------------------------------------------------------------------
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.\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 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 the 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 Mexico,''
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 Mexico. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. 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 to 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 and October 2019, we conducted verifications of
the sales and cost information submitted by BSM and Corey for use in
our final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by BSM and Corey.\7\
---------------------------------------------------------------------------
\7\ For a discussion of our verification findings, see
Memoranda, ``Verification of the Sales Questionnaire Responses of
Building Systems de Mexico S.A. de C.V. in the Antidumping Duty
Investigation of Certain Fabricated Structural Steel from Mexico,''
dated October 31, 2019; ``Verification of NCI Group, Inc. and
Robertson-Ceco II Corporation in the Antidumping Duty Investigation
of Certain Fabricated Structural Steel from Mexico,'' dated October
31, 2019; ``Verification of the Cost Responses of Building Systems
de Mexico S.A. de C.V. in the Antidumping Duty Investigation of
Certain Fabricated Structural Steel from Mexico,'' dated November 1,
2019; ``Verification of the Sales Response of Corey S.A. de C.V. and
Industrias Recal S.A. de C.V.'' dated November 5, 2019; and
``Verification of the Cost Response of Corey S.A. de C.V. in the
Antidumping Duty Investigation of Fabricated Structural Steel from
Mexico,'' dated October 31, 2019).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the dumping margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum and Final Calculation Memoranda.\8\
---------------------------------------------------------------------------
\8\ See Memoranda, ``Analysis Memorandum for the Final
Determination in the Antidumping Duty Investigation of Certain
Fabricated Structural Steel From Mexico: Building Systems de Mexico
S.A. de C.V.''; ``Constructed Value Calculation Adjustments for the
Final Determination--Building Systems de Mexico S.A. de C.V.'';
``Analysis Memorandum for the Final Determination in the Antidumping
Duty Investigation of Certain Fabricated Structural Steel from
Mexico: Corey S.A. de C.V.''; and ``Constructed Value Calculation
Adjustments for the Final Determination--Corey S.A. de C.V.,'' all
dated concurrently with this notice (collectively, Final Calculation
Memoranda).
---------------------------------------------------------------------------
In addition, we revised the margin calculation for BSM to reflect
the application of partial facts available with an adverse inference
pursuant to section 776 of the Act. For a discussion of this change,
see Comment 16 of the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides 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 any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. BSM is the only respondent for which Commerce calculated an
estimated weighted-average dumping margin that is not zero, de minimis,
or based entirely on facts otherwise available. Therefore, for purposes
of determining the all-others rate, pursuant to section 735(c)(5)(A) of
the Act, we are using the estimated weighted-average dumping margin
calculated for BSM, as referenced in the ``Final Determination''
section below.
Use of Adverse Facts Available
In the Preliminary Determination, we based the dumping margins for
certain non-responsive companies on adverse facts available (AFA).\9\
The AFA rate is
[[Page 5392]]
the only, and therefore, the highest, dumping margin in the petition
(i.e., 30.58 percent). We received no comments on our determination to
use AFA with respect to these companies. Accordingly, we are continuing
to assign a dumping margin based on AFA to the non-responsive companies
in this investigation.
---------------------------------------------------------------------------
\9\ See Preliminary Determination and accompanying PDM.
---------------------------------------------------------------------------
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(s))
(percent) (percent)
------------------------------------------------------------------------
Building Systems de Mexico, S.A. de C.V. 8.47 8.47
Corey S.A. de C.V./Industrias Recal S.A. 0 0
de C.V.................................
Acero Technologia, S.A. de C.V.......... 30.58 0
Construcciones Industriales Tapia S.A. 30.58 0
de C.V.................................
Estructuras Metalicas la Popular S.A. de 30.58 0
C.V./MSCI..............................
Operadora CICSA, S.A. de C.V. Swecomex-- 30.58 0
Guadalajara............................
All Others.............................. 8.47 0
------------------------------------------------------------------------
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) and C 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 Mexico, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice in the Federal Register other than
entries of fabricated structural steel produced and exported by Corey,
because its rate is zero. These suspension-of-liquidation instructions
will remain in effect until further notice.
In addition, pursuant to section 735(c)(1)(B)(ii) of the Act and 19
CFR 351.210(d), Commerce will instruct CBP to require a cash deposit
for such entries of merchandise equal to the estimated weighted-average
dumping margin as follows: (1) The cash deposit rate for the companies
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margin identified for that company
in the table; (2) if the exporter is not a company listed in the table
above, but the producer is, then the cash deposit rate will be equal to
the company-specific estimated weighted-average dumping margin listed
for that producer of the subject merchandise in the above table; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies determined in a companion CVD proceeding when CVD provisional
measures are in effect. Accordingly, where Commerce makes an
affirmative determination for export subsidies, Commerce offsets the
calculated estimated weighted-average dumping margin by the appropriate
rate(s). In this case, we have found export subsidies for certain
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
estimated weighted-average dumping margin adjusted for export subsidies
at this time.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) 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 or sales (or the likelihood of
sales) of subject merchandise for importation no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits posted 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 of this notice.
Notification Regarding Administrative Protective Order (APO)
In the event that the ITC issues a final negative injury
determination, this notice will serve as a final reminder to the
parties subject to APO of their responsibility concerning the
disposition of proprietary information disclosed under APO in
accordance with 19 CFR 351.305. Timely written notification of return
or destruction of APO materials or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
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
[[Page 5393]]
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)--
Specifications for Structural Supports for Highway Signs,
Luminaires, and Traffic Signals, (2) any state or local derivatives
of the AASHTO highway sign, luminaries, and traffic signals
requirements, or (3) American National Standard Institute (ANSI)
C136--American National Standard for Roadway and Area Lighting
Equipment standards. The exclusion for steel traffic signal poles,
steel roadway lighting poles, steel parking lot lighting poles, and
steel sports lighting poles also encompasses the following
components thereof: Luminaire arms; hand hole rims; hand hole
covers; base plates that connect to either the shaft or the arms;
mast arm clamps; mast arm tie rods; transformer base boxes; formed
full base covers that hide anchor bolts; step lugs; internal cable
guides; lighting cross arms; lighting service platforms; angles that
do not exceed 8'' x 8'' x 0.75''; stainless steel hand hole door
hinges and wind restraints; steel brackets, steel flanges, and steel
caps; safety climbing cables; ladders; and steel templates.
Communication Poles, or segments of such poles, that
meet (1) Telecommunications Industry Association (TIA) ANSI/TIA-222
Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures, or (2) American Association of State Highway and
Transportation Officials (AASHTO)--Specifications for Structural
Supports for Highway Signs, Luminaires, and Traffic Signals. The
exclusion for communication poles also encompasses the following
components thereof: Luminaire arms; hand hole rims; hand hole
covers; base plate that connects the pole to the foundation or arm
to the pole; safety climbing cables; ladders; service ground
platforms; step lugs; pole steps; steel brackets, steel flanges, and
steel caps; angles that do not exceed 8'' x 8'' x 0.75'', coax, and
safety brackets; subcomponent kits for antenna mounts weighing 80
lbs. or less; service platforms; ice bridges; stainless steel hand
hole door hinges and wind restraints; and steel templates.
OEM Round or Polygonal Tapered Steel Poles, segments or
shaft components of such poles, that meet the (1) ASCE 48 or AASHTO,
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E-204, or (5)
RUS bulletin 1724E-214. The exclusion for OEM round or polygonal
tapered steel poles also encompasses the following components
thereof: Subcomponent kits for antenna mounts weighing 80 lbs. or
less; mounts and platforms; steel brackets, steel flanges, and steel
caps; angles that do not exceed 8'' x 8'' x 0.75''; bridge kits;
safety climbing cables; ladders; and steel templates.
The inclusion or attachment of one or more of the above-
referenced steel poles in a structure containing fabricated
structural steel (FSS) does not remove the FSS from the scope of the
investigation. No language
[[Page 5394]]
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 Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
General
Comment 1: Reporting Requirements for U.S. Sales
Comment 2: Remove Home-Market Projects Outside the Reporting
Requirements for U.S. Sales in the Constructed Value Profit
Calculation
BSM
Comment 3: Whether BSM Failed To Report Accurate and Reliable
U.S. Prices, and Whether To Apply Adverse Facts Available to BSM
Comment 4: Whether BSM Should Report the Value of Subject
Merchandise Through a Section E Questionnaire Response
Comment 5: Valuation of an Order Associated With Two Different
Sales
Comment 6: Whether BSM Double Counted Revenue for an Order
Comment 7: Alternate Differential Pricing Analysis
Comment 8: Grant CEP Offset
Comment 9: CEP Profit Rate Calculation
Comment 10: Whether Commerce Should Use BSM's Reported Date of
Sale
Comment 11: Whether Commerce Should Use the Revised Indirect
Selling Expense Ratio for Components Segment Sales
Comment 12: BSM's Affiliated Party Input Purchases
Comment 13: CV Profit Rate Used for BSM
Comment 14: BSM's Financial Expense Ratio
Comment 15: Adjustments Required by Mexican Financial Reporting
Standards (MFRS)
Comment 16: Application of Partial Facts Available With Adverse
Inferences
Corey
Comment 17: Whether Corey's Hudson Yards Tower A Project Sale
Fell Within the POI
Comment 18: Whether To Rescind Voluntary Respondent Treatment of
Corey
Comment 19: Adjust Corey's Report Costs To Account for All
Affiliated Purchases
Comment 20: Subtract Scrap Revenue From Total Cost of
Manufacturing
VII. Recommendation
[FR Doc. 2020-01722 Filed 1-29-20; 8:45 am]
BILLING CODE 3510-DS-P
