[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43143-43144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18105]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-947]
Certain Steel Grating from the People's Republic of China:
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determination by the Department
of Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
certain steel grating (``steel grating'') from the People's Republic of
China (``PRC'').
EFFECTIVE DATE: July 23, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC, 20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (``Act''), the Department published its affirmative
final determination of sales at less than fair value (``LTFV'') in the
antidumping investigation of steel grating from the PRC. See Certain
Steel Grating From the People's Republic of China: Final Determination
of Sales at Less Than Fair Value, 75 FR 32366 (June 8, 2010) (``Final
Determination''). On July 13, 2010, the ITC notified the Department of
its affirmative determination of material injury to a U.S. industry.
See Certain Steel Grating from China, Investigation Nos. 701-TA-465 and
731-TA-1161 (Final), USITC Publication 4168 (July 2010). Pursuant to
section 736(a) of the Act, the Department is issuing the antidumping
duty order on steel grating from the PRC.
Scope of the Order
The products covered by this order are certain steel grating,
consisting of two or more pieces of steel, including load-bearing
pieces and cross pieces, joined by any assembly process, regardless of:
(1) size or shape; (2) method of manufacture; (3) metallurgy (carbon,
alloy, or stainless); (4) the profile of the bars; and (5) whether or
not they are galvanized, painted, coated, clad or plated. Steel grating
is also commonly referred to as ``bar grating,'' although the
components may consist of steel other than bars, such as hot-rolled
sheet, plate, or wire rod.
The scope of this order excludes expanded metal grating, which is
comprised of a single piece or coil of sheet or thin plate steel that
has been slit and expanded, and does not involve welding or joining of
multiple pieces of steel. The scope of this order also excludes plank
type safety grating which is comprised of a single piece or coil of
sheet or thin plate steel, typically in thickness of 10 to 18 gauge,
that has been pierced and cold formed, and does not involve welding or
joining of multiple pieces of steel.
Certain steel grating that is the subject of this order is
currently classifiable in the Harmonized Tariff Schedule of the United
States (``HTSUS'') under subheading 7308.90.7000. While the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
ordered pursuant to an affirmative preliminary determination may not
remain in effect for more than four months except where exporters
representing a significant proportion of exports of the subject
merchandise request the Department to extend that four-month period to
no more than six months. At the request of an exporter that accounted
for a significant proportion of exports of steel grating, we extended
the four-month period to no more than six months. See Certain Steel
Grating from the People's Republic of China: Postponement of Final
Determination, 75 FR 5766 (February 4, 2010). In this investigation,
the six-month period beginning on the date of the publication of the
Preliminary Determination\1\ (i.e., January 6, 2010) ended on July 5,
2010.
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\1\ See Certain Steel Grating From the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 75 FR 847 (January 6, 2010)
(``Preliminary Determination''),
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Section 737 of the Act states that definitive duties are to begin
on the date of publication of the ITC's final injury determination.
Therefore, in accordance with section 733(d) of the Act, we have
instructed U.S. Customs and Border Protection (``CBP'') to terminate
suspension of liquidation and to liquidate without regard to
antidumping duties (i.e., release all bonds and refund all cash
deposits), unliquidated entries of steel grating from the PRC entered,
or withdrawn from warehouse, for consumption after July 5, 2010, and
before the date of publication of the ITC's final injury determination
in the Federal Register. Suspension of liquidation will resume on or
after the date of publication of the ITC's final injury determination
in the Federal Register.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to suspend liquidation on all entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below. These
instructions suspending liquidation will remain in effect until further
notice.
Antidumping Duty Order
On July 13, 2010, in accordance with section 735(d) of the Act, the
ITC notified the Department of its final determination, pursuant to
section 735(b)(1)(A)(i) of the Act, that an industry in the United
States is materially injured by reason of LTFV imports of subject
merchandise from the PRC. Therefore, in accordance with section
736(a)(1) of the Act, the Department will direct CBP to assess, upon
further instruction by the Department, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price (or constructed export price) of the merchandise for all relevant
entries of steel grating from the PRC. These antidumping duties will be
assessed on unliquidated entries of steel grating from the PRC entered,
or withdrawn from the warehouse, for consumption on or after January 6,
2010 , the date on which the Department published its Preliminary
Determination.
Effective on the date of publication of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit equal to the
[[Page 43144]]
estimated weighted-average antidumping duty margins as listed below See
section 735(c)(3) of the Act. The ``PRC-wide'' rate applies to all
exporters of subject merchandise not specifically listed below. The
weighted-average dumping margins are as follows:
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Antidumping Duty
Manufacturer Exporter Percent Margin
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Sinosteel Yantai Steel Grating Co., Ltd............ Sinosteel Yantai Steel Grating Co., 136.76
Ltd.
Ningbo Haitian International Co., Ltd.............. Ningbo Lihong Steel Grating Co., Ltd. 136.76
Yantai Xinke Steel Structure Co., Ltd.............. Yantai Xinke Steel Structure Co., Ltd. 136.76
PRC-wide Entity.................................... ....................................... 145.18
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This notice constitutes the antidumping duty order with respect to
steel grating from the PRC pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 1117 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR
351.211.
Dated: July 16, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18105 Filed 7-22-10; 8:45 am]
BILLING CODE 3510-DS-S