[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38977-38978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16500]
[[Page 38977]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-946]
Pre-Stressed Concrete Steel Wire Strand from the People's
Republic of China: Notice of Amended Final Affirmative Countervailing
Duty Determination and Notice of Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing a countervailing duty order on pre-stressed
concrete steel wire strand (PC strand) from the People's Republic of
China (PRC). On June 22, 2010, the ITC notified the Department of its
affirmative determination of material injury to a U.S. industry. See
Pre-Stressed Concrete Steel Wire Strand from the People's Republic of
China, USITC Pub. 4162, Inv. Nos. 701-TA-464 (Final) (June 2010) (ITC
Final Determination Report).
EFFECTIVE DATE: July 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-8362.
SUPPLEMENTARY INFORMATION:
Case History
On May 21, 2010, the Department published its final determination
in the countervailing duty investigation of PC strand from the PRC. See
Pre-Stressed Concrete Steel Wire Strand from the People's Republic of
China: Final Affirmative Countervailing Duty Determination, 75 FR 28557
(May 21, 2010) (Final Determination).
On June 22, 2010, the ITC notified the Department of its final
determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i)
of the Tariff Act of 1930, as amended (the Act), that an industry in
the United States is materially injured by reason of subsidized imports
of subject merchandise from the PRC. See ITC Final Determination.
Scope of Order
The merchandise covered by this order is PC strand. PC strand is
steel wire strand, other than of stainless steel, which is suitable for
use in, but not limited to, pre-stressed concrete (both pre-tensioned
and post-tensioned) applications. The scope of this order encompasses
all types and diameters of PC strand whether uncoated (uncovered) or
coated (covered) by any substance, including but not limited to,
grease, plastic sheath, or epoxy. This merchandise includes, but is not
limited to, PC strand produced to the American Society for Testing and
Materials (ASTM) A-416 specification, or comparable domestic or foreign
specifications. PC strand made from galvanized wire is excluded from
the scope if the zinc and/or zinc oxide coating meets or exceeds the
0.40 oz./ft[shel2] standard set forth in ASTM-A-475.
The PC strand subject to this order is currently classifiable under
subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of this order is dispositive.
Amendment to the Final Determination
In accordance with sections 705(d) and 777(i)(1) of the Act, on May
21, 2010, the Department published its notice of final affirmative
countervailing duty determination in the countervailing duty
investigation of PC strand from the PRC. See Final Determination. On
June 19, 2010, petitioners in the investigation submitted a timely
ministerial error allegation with respect to the Final
Determination.\1\
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\1\ Petitioners are American Spring Wire Corp., Insteel Wire
Products Company, and Sumiden Wire Products Corp.
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In accordance with 19 CFR 351.224(e), on June 28, 2010, the
Department issued its Ministerial Error Correction Memorandum
addressing petitioners' ministerial error allegations. See Memorandum
to, John M. Andersen, Acting Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, ``Final Determination Ministerial
Error Allegation,'' (June 28, 2010), a proprietary document of which
the public version is on file in the Central Records Unit, room 1117,
in the main Commerce building. After analyzing petitioners' ministerial
error allegation, we have determined, in accordance with 19 CFR
351.224(e), that we made a ministerial error in our calculations
performed for the final determination. As a result of correcting for
this error, the countervailing duty calculated for the Fasten Group
Corporation (Fasten Corp.), Fasten Group Import & Export Co., Ltd.
(Fasten I&E), Jiangyin Hongsheng Co. Ltd. (Hongsheng), Jiangyin Fasten
Steel (Fasten Steel), Jiangyin Hongyu Metal Products Co., Ltd. (Hongyu
Metal), and Jiangyin Walsin Steel Cable Co., Ltd. (Walsin)
(collectively, the Fasten Companies) has changed from 8.85 percent to
9.42 percent.
Section 705(c)(5)(A) of the Act states that for companies not
investigated, an all-others rate will be determined by weight averaging
the subsidy rates established for each individually investigated
respondent. The all-others rate may not include zero and de minimis net
subsidy rates, or any rates based solely on the facts available.
Notwithstanding the language of section 705(c)(5)(A) of the Act, we
have not calculated the all-others rate by weight averaging the rates
of the Fasten Companies and the other mandatory respondent, Xinhua
Metal Products Company (Xinhua), Xinyu Iron and Steel Joint Stock
Limited Company (Xinyu), and Xinyu Iron and Steel Limited Liability
Company (Xingang) (collectively, the Xinhua Companies), because doing
so risks disclosure of proprietary information. Therefore, for the all-
others rate, we have calculated a simple average of the two responding
firms' rates.
In accordance with 19 CFR 351.224 (e), we are amending the subsidy
rates of PC strand from the PRC. The revised subsidy rates are listed
in the chart below.
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Producer/Exporter Original Subsidy Rate Amended Subsidy Rate
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Fasten Group Corporation 8.85 percent ad valorem................. 9.42 percent ad valorem
(Fasten Corp.), Fasten
Group Import & Export Co.,
Ltd. (Fasten I&E), Jiangyin
Hongsheng Co. Ltd.
(Hongsheng), Jiangyin
Fasten Steel Products Co.,
Ltd. (Fasten Steel),
Jiangyin Hongyu Metal
Products Co., Ltd. (Hongyu
Metal), and Jiangyin Walsin
Steel Cable Co., Ltd.
(Walsin) (Collectively, the
Fasten Companies).
[[Page 38978]]
Xinhua Metal Products 45.85 percent ad valorem................ 45.85 percent ad valorem
Company Ltd. (Xinhua),
Xinyu Iron and Steel Joint
Stock Limited Company
(Xinyu), and Xingang Iron
and Steel Joint Stock
Limited Liability Company
(Xingang) (Collectively the
Xinhua Companies).
All Others.................. 27.35 percent ad valorem................ 27.64 percent ad valorem
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Countervailing Duty Order
On November 2, 2009, the Department published its Preliminary
Determination and instructed U.S. Customs and Border Protection (CBP)
to suspend liquidation of all entries of subject merchandise entered or
withdrawn from warehouse, for consumption, on or after November 2,
2009. See Pre-Stressed Concrete Steel Wire Strand from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, 74 FR 56576 (November 2, 2009) (Preliminary
Determination). In accordance with section 703(d) of the Act, which
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months, the
Department terminated suspension of liquidation effective March 2,
2010.
On June 22, 2010, in accordance with section 705(d) of the Act, the
ITC notified the Department of its final determination that the
industry in the United States producing PC strand is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of PC strand from the PRC. See ITC Final
Determination Report. Therefore, in accordance with section 706 of the
Act, the Department will direct CBP to reinstitute suspension of
liquidation effective the date of publication of the ITC Final
Determination in the Federal Register. See Pre-Stressed Concrete Steel
Wire Strand from China: Determinations, 75 FR 36678 (June 28, 2010)
(ITC Final Determination). The Department will also direct CBP to
assess, upon further advice by the Department pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the amended net
countervailable subsidy rates for the subject merchandise as noted
above.
This notice constitutes the countervailing duty order with respect
to PC strand from the PRC, pursuant to section 706(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 1117 of the Commerce building, for copies of an updated list of
countervailing duty orders currently in effect.
This order is issued and published in accordance with section
706(a) of the Act, 19 CFR 351.211(b) and 19 CFR 351.224(e).\1\
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\1\ Petitioners are American Spring Wire Corp., Insteel Wire
Products Company, and Sumiden Wire Products Corp.
Dated: June 29, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-16500 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-S