28560 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

1See Prestressed Concrete Steel Wire Strand 

From the People’s Republic of China: Preliminary 

Determination of Sales at Less Than Fair Value, 74 

FR 68232 (December 23, 2009) (‘‘Preliminary 

Determination’’). 

2Memorandum to the File, from Alexis Polovina, 

Case Analyst, through Alex Villanueva, Program 

Manager, Verification of the Sales and Processing 

Response of Xinhua Metal Products Co., Ltd. in the 

Antidumping Duty Investigation of Prestressed 

Concrete Steel Wire Strand From the People’s 

Republic of China (‘‘PRC’’), dated March 2, 2010 

(‘‘Xinhua Metal Verification Report’’); Memorandum 

to the File, from Alan Ray, Case Analyst, through 

Alex Villanueva, Program Manager, Verification of 

the Sales and Processing Response of Wuxi Jinyang 

Metal Products Co., Ltd. in the Antidumping Duty 

Investigation of Prestressed Concrete Steel Wire 

Strand From the People’s Republic of China 

(‘‘PRC’’), dated March 2, 2010 (‘‘WJMP Verification 

Report’’). 

3American Spring Wire Corp., Insteel Wire 

Products Company, and Sumiden Wire Products 

Corp., (collectively, ‘‘Petitioners’’). 

Comment 19: Whether the Department 

Erred By Including Intra–Company 

Sales in the Denominator Used in the 

Net Subsidy Calculation of the Wire Rod 

for LTAR Program 

Comment 20: The Suitability of the 

Benchmark Used to Calculate Benefits 

Under the Policy Lending Program 

Comment 21: Whether GOC Policy 

Lending Is Specific 

Comment 22: Whether Chinese Banks 

are Government Authorities 

Comment 23: Whether The Department 

Should Apply AFA Available to 

Unverifiable Information Provided by 

Xinhua 

Comment 24: Whether the Department 

Should Investigate the PRC’s Alleged 

Undervaluation of its Currency and 

Find that it Constitutes a 

Countervailable Export Subsidy 

Comment 25:Whether Provision of Land 

by Municipal and Provincial 

Governments to Respondents Was 

Countervailable 

Comment 26:Whether the Provision of 

Electricity Is Not Countervailable 

Because the Program Provides General 

Infrastructure Which Does Not 

Constitute a Financial Contribution, Co 

27, 45 

[FR Doc. 2010–12292 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–945] 

Prestressed Concrete Steel Wire 

Strand From the People’s Republic of 

China: Final Determination of Sales at 

Less Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: May 21, 2010. 

SUMMARY: On December 23, 2009, the 

Department of Commerce (the 

‘‘Department’’) published its notice of 

preliminary determination of sales at 

less than fair value (‘‘LTFV’’) in the 

antidumping investigation of 

prestressed concrete steel strand (‘‘PC 

strand’’) from the People’s Republic of 

China (‘‘PRC’’).1 The period of 

investigation (‘‘POI’’) is October 1, 2008, 

through March 31, 2009. We invited 

interested parties to comment on our 

preliminary determination. Based on 

our analysis of the comments received, 

we have made changes to our margin 

calculations for the respondents. We 

determine that PC strand from the PRC 

is being, or is likely to be, sold in the 

United States at LTFV as provided in 

section 735 of the Tariff Act of 1930, as 

amended (‘‘the Act’’). The estimated 

margins of sales at LTFV are shown in 

the ‘‘Final Determination Margins’’ 

section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Alan Ray or Alexis Polovina, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington DC 20230; 

telephone: (202) 482–5403 or (202) 482– 

3927, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

The Department published its 

Preliminary Determination on December 

23, 2009. Between January 18, 2010, and 

January 27, 2010, the Department 

conducted verifications of Wuxi Jinyang 

Metal Products Co., Ltd. (‘‘WJMP’’) and 

Xinhua Metal Products Co., Ltd. 

(‘‘Xinhua Metal’’). See the ‘‘Verification’’ 

section below for additional 

information. 

Upon the March 2, 2010, release of 

the verification reports,2 we invited 

parties to comment on the Preliminary 

Determination. On March 15, 2010, we 

received case briefs from Petitioners,3

Xinhua Metal, WJMP, and the separaterate applicant Fasten Group Import & 

Export Co. Ltd. (‘‘Fasten I&E’’). On 

March 22, 2010, we received rebuttal 

briefs from Petitioners, Xinhua Metal, 

WJMP, and the Government of China 

(‘‘GOC’’). The Department held the 

public hearing on March 31, 2010. 

Tolling of Administrative Deadlines 

As explained in the memorandum 

from the Deputy Assistant Secretary for 

Import Administration, the Department 

has exercised its discretion to toll 

deadlines for the duration of the closure 

of the Federal Government from 

February 5, through February 12, 2010. 

Thus, all deadlines in this segment of 

the proceeding have been extended by 

seven days. The revised deadline for 

this final determination is now May 14, 

2010. See Memorandum to the Record 

from Ronald Lorentzen, DAS for Import 

Administration, ‘‘Tolling of 

Administrative Deadlines As a Result of 

the Government Closure During the 

Recent Snowstorm,’’ dated February 12, 

2010. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

investigation are addressed in the 

‘‘Investigation of Prestressed Concrete 

Steel Strand From the People’s Republic 

of China: Issues and Decision 

Memorandum’’ (‘‘Issues and Decision 

Memorandum’’), dated concurrently 

with this notice and which is hereby 

adopted by this notice. A list of the 

issues which parties raised and to 

which we respond in the Issues and 

Decision Memorandum is attached to 

this notice as Appendix I. The Issues 

and Decision Memorandum is a public 

document and is on file in the Central 

Records Unit (‘‘CRU’’), Room 1117, and 

is accessible on the World Wide Web at 

http://trade.gov/ia/index.asp. The paper 

copy and electronic version of the 

memorandum are identical in content. 

Changes Since the Preliminary 

Determination 

Based on our analysis of information 

on the record of this investigation, we 

have made changes to the margin 

calculations for the final determination. 

For the final determination, we have 

calculated surrogate financial ratios 

using the fiscal year 2008–2009 

financial statements of Rajratan Global 

Wire Ltd. See Issues and Decision 

Memorandum at Comment 1. 

Additionally, unlike in the Preliminary 

Determination, where World Trade 

Atlas (‘‘WTA’’) data was available for 

only the first five months of the POI, for 

the final determination, WTA data 

covering the full POI is available. 

Therefore, for surrogate values 

calculated for the final determination 

derived from WTA data, we have relied 

on WTA data covering the full POI. See 

Memorandum to the File, from Alan 

Ray, Case Analyst, through Alex 

Villanueva, Program Manager, 

Prestressed Concrete Steel Wire Strand 

from the People’s Republic of China: 

Placing Additional Surrogate Value Data 

on the Record, dated January 11, 2010; 

Memorandum to the File from Alexis 

Polovina, Case Analyst, through Alex 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28561 

4See Xinhua Metal’s 1st Supplemental D 

Questionnaire response at 5, dated November 2, 

2009. 

Villanueva, Program Manager, AD/CVD 

Operations, Office 9: Prestressed 

Concrete Steel Wire Strand from the 

People’s Republic of China: Surrogate 

Values for the Final Determination, 

dated May 14, 2010 (‘‘Final Surrogate 

Value Memo’’). 

In addition, we have made some 

company-specific changes since the 

Preliminary Determination. Specifically, 

for the final determination, we have 

applied partial facts available to Xinhua 

Metal’s wire rod usage pursuant to 

section 776(a)(2)(D). See Issues and 

Decision Memorandum at Comment 2. 

Regarding WJMP, for the final 

determination, we have decided not to 

value movement expenses between the 

pickling plant and the main factory as 

a factor of production. Additionally, 

lime used by WJMP to neutralize water 

is being considered as part of factory 

overhead. We have revalued the 

surrogate values for steel belt and coal 

consumed by WJMP. See Issues and 

Decision Memorandum at Comment 3. 

Finally, we have applied partial FA to 

WJMP‘s drawbench consumption factor. 

Scope of Investigation 

The scope of this investigation 

consists of PC strand, produced from 

wire of non-stainless, non-galvanized 

steel, which is suitable for use in 

prestressed concrete (both pre-tensioned 

and post-tensioned) applications. The 

product definition encompasses covered 

and uncovered strand and all types, 

grades, and diameters of PC strand. PC 

strand is normally sold in the United 

States in sizes ranging from 0.25 inches 

to 0.70 inches in diameter. PC strand 

made from galvanized wire is only 

excluded from the scope if the zinc and/ 

or zinc oxide coating meets or exceeds 

the 0.40 oz./ft standard set forth in 

ASTM–A–475. The PC strand subject to 

this investigation 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 

investigation is dispositive. 

Affiliation 

In the Preliminary Determination, the 

Department determined that, based on 

the evidence on the record in this 

investigation including evidence 

presented in WJMP’s questionnaire 

responses, WJMP is affiliated with 

Corus America, Inc. (‘‘CAI’’). CAI was 

involved in WJMP’s sales process 

pursuant to sections 771(33)(E), (F) and 

(G) of the Act, based on ownership and 

common control. See Preliminary 

Determination, 74 FR at 68234–35. 

No other information has been placed 

on the record since the Preliminary 

Determination to contradict the above 

information upon which we based our 

finding that these companies are 

affiliated. Therefore, for the final 

determination, we continue to find that 

WJMP and CAI are affiliated. 

Use of Facts Available 

Section 776(a)(2) of the Act provides 

that if an interested party: (A) 

Withholds information that has been 

requested by the Department; (B) fails to 

provide such information in a timely 

manner or in the form or manner 

requested, subject to subsections 

782(c)(1) and (e) of the Act; (C) 

significantly impedes a determination 

under the antidumping statute; or (D) 

provides such information but the 

information cannot be verified, the 

Department shall, subject to subsection 

782(d) of the Act, use facts otherwise 

available in reaching the applicable 

determination. 

Section 782(c)(1) of the Act provides 

that if an interested party ‘‘promptly 

after receiving a request from {the 

Department} for information, notifies 

{the Department} that such party is 

unable to submit the information in the 

requested form and manner, together 

with a full explanation and suggested 

alternative form in which such party is 

able to submit the information,’’ the 

Department may modify the 

requirements to avoid imposing an 

unreasonable burden on that party. 

Section 782(d) of the Act provides 

that, if the Department determines that 

a response to a request for information 

does not comply with the request, the 

Department will inform the person 

submitting the response of the nature of 

the deficiency and shall, to the extent 

practicable, provide that person the 

opportunity to remedy or explain the 

deficiency. If that person submits 

further information that continues to be 

unsatisfactory, or this information is not 

submitted within the applicable time 

limits, the Department may, subject to 

section 782(e), disregard all or part of 

the original and subsequent responses, 

as appropriate. 

Section 782(e) of the Act states that 

the Department shall not decline to 

consider information deemed ‘‘deficient’’ 

under section 782(d) if: (1) The 

information is submitted by the 

established deadline; (2) the information 

can be verified; (3) the information is 

not so incomplete that it cannot serve as 

a reliable basis for reaching the 

applicable determination; (4) the 

interested party has demonstrated that it 

acted to the best of its ability; and (5) 

the information can be used without 

undue difficulties. 

Furthermore, section 776(b) of the Act 

states that if the administering authority 

finds that an interested party has not 

acted to the best of its ability to comply 

with a request for information, the 

administering authority may, in 

reaching its determination, use an 

inference that is adverse to that party. 

The adverse inference may be based 

upon: (1) The petition, (2) a final 

determination in the investigation under 

this title, (3) any previous review under 

section 751 or determination under 

section 753, or (4) any other information 

placed on the record. 

Xinhua Metal 

Pursuant to sections 776(a)(2)(D) of 

the Act, we are applying partial facts 

otherwise available to Xinhua Metal 

because the Department finds that the 

information necessary to calculate an 

accurate and otherwise reliable margin 

is not available on the record with 

respect to a portion of Xinhua Metal’s 

wire rod usage. On November 2, 2009, 

Xinhua Metal stated in their 

supplemental questionnaire response 

that that ‘‘Xinhua Metal does not weigh 

the wire rod after it has been de-scaled 

and cut. The best demonstration of yield 

loss is the FOP for wire rod.’’ 4 However, 

at verification and after an analysis of 

the actual data reported for wire rod 

usage and subtracting the by-products 

offsets from the wire rod usage rate, the 

wire rod usage rate was less than 1 

kilogram for 1 kilogram of PC strand 

produced by Xinhua Metal. Although 

Xinhua Metal does collect many of its 

wire rod by-products, it is not possible 

to produce 1 kilogram of PC strand from 

less than 1 kilogram of wire rod input. 

Therefore, the information supplied by 

Xinhua Metal could not be verified, and 

we are applying FA, pursuant to 

776(a)(2)(D) of the Act to Xinhua Metal’s 

wire rod usage. 

For the final determination, the 

Department will use a simple average of 

information from the petition and 

WJMP, to add a yield loss to Xinhua 

Metal’s POI wire rod usage. See Issues 

and Decision Memorandum at Comment 

2. 

WJMP 

Pursuant to section 776(a) of the Act, 

we are applying partial facts otherwise 

available to WJMP because the 

Department finds that the information 

necessary to calculate an accurate and 


emcdonald on DSK2BSOYB1PROD with NOTICES
28562 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

5See WJMP Verification Report at 2, dated March 

3, 2010. 

6See Memorandum to the File from Alan Ray, 

Case Analyst, through Alex Villanueva, Program 

Manager, Analysis of the Final Determination of the 

Antidumping Duty Investigation of Prestressed 

Concrete Steel Wire Strand (‘‘PC strand’’): Wuxi 

Jinyang Metal Products Co., Ltd. (‘‘WJMP’’), dated 

May 14, 2010. 

otherwise reliable margin is not 

available on the record with respect to 

WJMP’s consumption of drawbench 

factor of production (‘‘FOP’’). At 

verification, the Department found that 

WJMP was consuming drawbench as a 

factor to produce PC strand.5 Because 

WJMP could have reported drawbench, 

as it was used in the same production 

process step as the drawing lubricants, 

a factor that was reported by WJMP, and 

WJMP could have easily identified it by 

reviewing the raw materials account, we 

determine that WJMP did not act to the 

best of its ability and that we will apply 

an adverse inference, pursuant to 

section 776(b) of the Act. As an adverse 

inference, the Department will use the 

highest monthly consumption factor for 

drawing lubricants as the consumption 

factor for drawbench and value 

drawbench using the surrogate value for 

drawing lubricants.6 The Department is 

using drawing lubricants as a surrogate 

factor and value for drawbench because 

it is used in the same stage of the 

production process, which represents 

the best information available on the 

record. 

Verification 

As provided in section 782(i) of the 

Act, we conducted verification of the 

information submitted by WJMP and 

Xinhua Metal for use in our final 

determination. See Xinhua Metal 

Verification Report; WJMP Verification 

Report. We used standard verification 

procedures, including examination of 

relevant accounting and production 

records, as well as original source 

documents provided by Respondents. 

Surrogate Country 

In the Preliminary Determination, we 

stated that we selected India as the 

appropriate surrogate country to use in 

this investigation for the following 

reasons: (1) It is a significant producer 

of comparable merchandise; (2) it is at 

a similar level of economic development 

pursuant to 773(c)(4) of the Act; and (3) 

we have reliable data from India that we 

can use to value the factors of 

production. See Preliminary 

Determination, 74 FR at 68234. For the 

final determination, we received no 

comments and made no changes to our 

findings with respect to the selection of 

a surrogate country. 

Separate Rates 

In proceedings involving non-marketeconomy (‘‘NME’’) countries, the 

Department begins with a rebuttable 

presumption that all companies within 

the country are subject to government 

control and, thus, should be assigned a 

single antidumping duty deposit rate. It 

is the Department’s policy to assign all 

exporters of merchandise subject to an 

investigation in an NME country this 

single rate unless an exporter can 

demonstrate that it is sufficiently 

independent so as to be entitled to a 

separate rate. See Final Determination of 

Sales at Less Than Fair Value: Sparklers 

From the People’s Republic of China, 56 

FR 20588 (May 6, 1991) (‘‘Sparklers’’), as 

amplified by Notice of Final 

Determination of Sales at Less Than 

Fair Value: Silicon Carbide From the 

People’s Republic of China, 59 FR 22585 

(May 2, 1994) (‘‘Silicon Carbide’’), and 

19 CFR 351.107(d). In the Preliminary 

Determination, we found that Xinhua 

Metal, WJMP, and the separate-rate 

applicant, Fasten I&E, demonstrated 

their eligibility for, and were hence 

assigned, separate-rate status. No party 

has commented on the eligibility of 

these companies for separate rate status. 

See Preliminary Determination, 74 FR at 

68235–36. For the final determination, 

we continue to find that the evidence 

placed on the record of this 

investigation by these companies 

demonstrates both a de jure and de facto 

absence of government control with 

respect to their exports of the 

merchandise under investigation. Thus, 

we continue to find that they are eligible 

for separate-rate status. 

As indicated in the Preliminary 

Determination, Liaonin TongDa 

Building Material Industry Co., Ltd. 

(‘‘Tongda’’) did not respond to the 

supplemental questionnaire, Silvery 

Dragon PC Steel Products Group Co., 

Ltd. (‘‘Silvery Dragon Steel’’) stated that 

it would not participate as a mandatory 

respondent, and Tianjin Shengte filed a 

deficient Section A questionnaire and 

failed to respond to the Department’s 

request for more information. See 

Preliminary Determination, 74 FR at 

68240. We preliminarily found that 

Tongda, Silvery Dragon Steel, and 

Tianjin Shengte were not eligible for 

separate rates. For this final 

determination, we continue to find that 

Tongda, Silvery Dragon Steel, and 

Tianjin Shengte are not eligible for 

separate rates. 

The PRC-Wide Rate 

In the Preliminary Determination we 

treated PRC exporters/producers that 

did not respond to the Department’s 

request for information as part of the 

PRC-wide entity because they did not 

demonstrate that they operate free of 

government control. See Preliminary 

Determination, 74 FR at 68236–37. No 

additional information has been placed 

on the record with respect to these 

entities after the Preliminary 

Determination. The PRC-wide entity has 

not provided the Department with the 

requested information; therefore, 

pursuant to section 776(a)(2)(A) of the 

Act, the Department continues to find 

that the use of FA is appropriate to 

determine the PRC-wide rate. Section 

776(b) of the Act provides that, in 

selecting from among the facts 

otherwise available, the Department 

may employ an adverse inference if an 

interested party fails to cooperate by not 

acting to the best of its ability to comply 

with requests for information. See 

Statement of Administrative Action 

accompanying the URAA, H.R. Rep. No. 

103–316, vol. 1, at 870 (1994) (‘‘SAA’’). 

We find that, because the PRC-wide 

entity did not respond to our request for 

information, it has failed to cooperate to 

the best of its ability. Therefore, the 

Department finds that, in selecting from 

among the facts otherwise available, an 

adverse inference is appropriate for the 

PRC-wide entity. Because we begin with 

the presumption that all companies 

within a NME country are subject to 

government control and because only 

the companies listed under the ‘‘Final 

Determination Margins’’ section below 

have overcome that presumption, we are 

applying a single antidumping rate—the 

PRC-wide rate—to all other exporters of 

subject merchandise from the PRC. Such 

companies did not demonstrate 

entitlement to a separate rate. See, e.g., 

Synthetic Indigo From the People’s 

Republic of China: Notice of Final 

Determination of Sales at Less Than 

Fair Value, 65 FR 25706, 25707 (May 3, 

2000). The PRC-wide rate applies to all 

entries of subject merchandise except 

for entries from Xinhua Metal, WJMP, 

and Fasten I&E, which are listed in the 

‘‘Final Determination Margins’’ section 

below. 

Corroboration 

Section 776(c) of the Act provides 

that, when the Department relies on 

secondary information rather than on 

information obtained in the course of an 

investigation as FA, it must, to the 

extent practicable, corroborate that 

information from independent sources 

reasonably at its disposal. Secondary 

information is described in the SAA as 

‘‘information derived from the petition 

that gave rise to the investigation or 

review, the final determination 

concerning subject merchandise, or any 


emcdonald on DSK2BSOYB1PROD with NOTICES
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7SAA at 870. 

8 Id. 

9 Id. 

10See Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, From Japan, and Tapered 

Roller Bearings, Four Inches or Less in Outside 

Diameter, and Components Thereof, From Japan; 

Preliminary Results of Antidumping Duty 

Administrative Reviews and Partial Termination of 

Administrative Reviews, 61 FR 57391, 57392 

(November 6, 1996), unchanged in Tapered Roller 

Bearings and Parts Thereof, Finished and 

Unfinished, From Japan, and Tapered Roller 

Bearings, Four Inches or Less in Outside Diameter, 

and Components Thereof, From Japan; Final 

Results of Antidumping Duty Administrative 

Reviews and Termination in Part, 62 FR 11825 

(March 13, 1997). 

previous review under section 751 

concerning the subject merchandise.’’ 7

The SAA provides that to ‘‘corroborate’’ 

means simply that the Department will 

satisfy itself that the secondary 

information to be used has probative 

value.8 The SAA also states that 

independent sources used to corroborate 

may include, for example, published 

price lists, official import statistics and 

customs data, and information obtained 

from interested parties during the 

particular investigation.9 To corroborate 

secondary information, the Department 

will, to the extent practicable, examine 

the reliability and relevance of the 

information used.10 As total adverse 

facts available (‘‘AFA’’) the Department 

preliminarily selected the rate of 193.55 

percent from the Petition. In the 

Preliminary Determination, we 

preliminarily found that the rate of 

193.55 percent is corroborated within 

the meaning of section 776(c) of the Act. 

See Preliminary Determination, 74 FR at 

68237. Because no parties commented 

on the selection of the PRC-wide rate, 

we continue to find that the margin of 

193.55 percent has probative value. 

Accordingly, we find that the rate of 

193.55 percent is corroborated within 

the meaning of section 776(c) of the Act. 

Final Determination Margins 

We determine that the following 

percentage weighted-average margins 

exist for the following entities for the 

POI: 

Exporter Producer 

Weighted-average 

margin 

WJMP ............................................................ WJMP .................................................................................................................................. 42.97 

Xinhua Metal ................................................. Xinhua Metal ....................................................................................................................... 175.94 

Fasten I&E .................................................... Jiangyin Fasten Steel Products Co., Ltd., Jiangyin Walsin Steel Cable Co., Ltd. .............

Jiangyin Hongyu Metal Products Co., Ltd. .........................................................................

175.94 

PRC-wide Entity* ........................................... .............................................................................................................................................. 193.55 

*This rate also applies to Tianjin Shengte, Silvery Dragon Steel, and Tongda. 

Disclosure 

We will disclose the calculations 

performed 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 

Pursuant to section 735(c)(1)(B) of the 

Act, we will instruct U.S. Customs and 

Border Protection (‘‘CBP’’) to continue to 

suspend liquidation of all entries of 

subject merchandise from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after December 

23, 2009, the date of publication of the 

Preliminary Determination. CBP shall 

continue to require a cash deposit or the 

posting of a bond equal to the estimated 

amount by which the normal value 

exceeds the U.S. price as shown above. 

These instructions suspending 

liquidation will remain in effect until 

further notice. 

Additionally, the Department 

determined in its final determination for 

the companion countervailing duty 

(‘‘CVD’’) investigation that Xinhua 

Metal’s merchandise benefited from 

export subsidies. Therefore, we will 

instruct CBP to require a cash deposit or 

posting of a bond equal to the weightedaverage amount by which normal value 

exceeds U.S. price for Xinhua Metal, as 

indicated above, minus the amount 

determined to constitute an export 

subsidy. See, e.g., Notice of Final 

Determination of Sales at Less Than 

Fair Value: Carbazole Violet Pigment 23 

from India, 69 FR 67306, 67307 

(November 17, 2004). 

With respect to WJMP, the voluntary 

respondent in this proceeding, the 

Department did not individually 

examine its exports of merchandise 

under investigation in the final 

determination for the companion CVD 

investigation. As a result, WJMP is 

captured under the ‘‘All Others’’ rate, 

which is an average of the companies 

examined in final determination for the 

companion CVD investigation. 

Therefore, we will instruct CBP to 

require a cash deposit or posting of a 

bond equal to the weighted-average 

amount by which normal value exceeds 

U.S. price for WJMP, indicated above, 

minus the amount determined to 

constitute an export subsidy in the ‘‘All 

Others’’ rate. 

With respect to Fasten Group I&E, the 

separate rate company, we note that the 

rate applied in this proceeding as a 

separate rate is derived from the 

calculated rate received by Xinhua 

Metal. Therefore, because Xinhua Metal 

received export subsidies in final 

determination for the companion 

countervailing duty investigation, we 

will instruct CBP to require a cash 

deposit or posting of a bond equal to the 

weighted-average amount by which 

normal value exceeds U.S. price for 

Xinhua Metal, as indicated above, 

minus the amount determined to 

constitute an export subsidy. 

ITC Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (‘‘ITC’’) 

of our final determination of sales at 

LTFV. As our final determination is 

affirmative, in accordance with section 

735(b)(2) of the Act, within 45 days the 

ITC will determine 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) for 

importation of the subject merchandise. 

If the ITC determines that material 

injury or threat of material injury does 

not exist, the proceeding will be 

terminated and all securities posted will 

be refunded or canceled. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess 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. 

Notification Regarding APO 

This notice also serves as a reminder 

to the parties subject to administrative 


emcdonald on DSK2BSOYB1PROD with NOTICES
28564 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

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. 

This determination and notice are 

issued and published in accordance 

with sections 735(d) and 777(i)(1) of the 

Act. 

Dated: May 14, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Comment 1: Surrogate Values 

A. Financial Ratios 

B. Wire Rod 

C. By-product Offset for Scrap Tie Wire 

Comment 2: Xinhua Metal 

A. Adverse Facts Available (‘‘AFA’’) 

B. Foreign Brokerage and Handling 

C. PRC Domestic Insurance 

Comment 3: WJMP 

A. AFA 

B. Treatment of Certain Factors as Factory 

Overhead 

C. Valuation of Coal 

D. Valuation of Seals—Steel Belts 

Comment 4: Fasten Group I&E’s Separate 

Rate 

Comment 5: Surrogate-Value Based 

Methodology 

[FR Doc. 2010–12310 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW26 

Fisheries of the Northeast Region; 

Pacific Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of determination of 

overfishing or an overfished condition. 

SUMMARY: This action serves as a notice 

that NMFS, on behalf of the Secretary of 

Commerce (Secretary), has determined 

that in the Northeast Region, Gulf of 

Maine/Georges Bank pollock, Gulf of 

Maine/Georges Bank windowpane and 

Northwestern Atlantic Coast witch 

flounder are subject to overfishing and 

are in an overfished condition. Also, in 

the Northeast Region, Southern New 

England/Mid-Atlantic windowpane is 

subject to overfishing and Georges Bank 

winter flounder is in an overfished 

condition. In addition, in the Pacific 

Region, the fall Chinook salmon stock in 

the Sacramento River has been 

determined to be in an overfished 

condition. 

NMFS notifies the appropriate fishery 

management council (Council) 

whenever it determines that; overfishing 

is occurring, a stock is in an overfished 

condition, or a stock is approaching an 

overfished condition. If a Council has 

been notified that a stock is in an 

overfished condition the Council must, 

within 2 years, prepare and implement 

an FMP amendment or proposed 

regulations to rebuild the affected stock. 

FOR FURTHER INFORMATION CONTACT: 

Mark Nelson, (301) 713–2341. 

SUPPLEMENTARY INFORMATION: Pursuant 

to sections 304(e)(2) and (e)(7) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 

1854(e)(2) and (e)(7), and implementing 

regulations at 50 CFR 600.310(e)(2), 

NMFS, on behalf of the Secretary, 

notifies Councils whenever it 

determines; a stock or stock complex is 

approaching an overfished condition, a 

stock or stock complex is overfished, or 

existing action taken to prevent 

previously identified overfishing or 

rebuilding a previously identified 

overfished stock or stock complex has 

not resulted in adequate progress. 

NMFS also notifies Councils when it 

determines a stock or stock complex is 

subject to overfishing. 

For a fishery determined to be 

overfished or approaching an overfished 

condition, NMFS also requests that the 

appropriate Council, or the Secretary, 

for fisheries under section 302(a)(3) of 

the Magnuson-Stevens Act, take action 

to end or prevent overfishing in the 

fishery and to implement conservation 

and management measures to rebuild 

overfished stocks. Councils (or the 

Secretary) receiving notification that a 

fishery is overfished must, within 2 

years of notification, implement a 

rebuilding plan, through an FMP 

Amendment or proposed regulations, 

which ends overfishing immediately 

and provides for rebuilding the fishery 

in accordance with 16 U.S.C. 1854(e)(3)- 

(4) as implemented by 50 CFR 

600.310(j)(2)(ii). Councils receiving a 

notice that a fishery is approaching an 

overfished condition must prepare and 

implement, within two years, an FMP 

amendment or proposed regulations to 

prevent overfishing from occurring. 

When developing rebuilding plans 

Councils (or the Secretary), in addition 

to rebuilding the fishery within the 

shortest time possible in accordance 

with 16 U.S.C. 1854(e)(4) and 50 CFR 

600.310(j)(2)(ii), must ensure that such 

actions address the requirements to 

amend the FMP for each affected stock 

or stock complex to establish a 

mechanism for specifying and actually 

specify Annual Catch Limits (ACLs) and 

Accountability Measures (AMs) to 

prevent overfishing in accordance with 

16 U.S.C. 1853(a)(15) and 50 CFR 

600.310(j)(2)(i). 

On August 4, 2008, NMFS published 

the Report of the 3rd Groundfish 

Assessment Review Meeting (GARM III) 

which showed that Gulf of Maine/ 

Georges Bank pollock, Gulf of Maine/ 

Georges Bank windowpane and 

Northwestern Atlantic Coast witch 

flounder are subject to overfishing and 

are in an overfished condition. In 

addition, GARM III showed that 

Southern New England/Mid-Atlantic 

windowpane is subject to overfishing 

and Georges Bank winter flounder is in 

an overfished condition. The New 

England Fishery Management Council 

(NEFMC) was notified on September 2, 

2008, of the results of the GARM III. 

However, official status changes could 

not be made at the time because GARM 

III also recommended changes in the 

status determination criteria (SDC) 

contained in the Multispecies FMP, 

which required an FMP amendment 

before the status determinations could 

be changed. These changes occurred in 

January 2010. 

On March 2, 2010, NMFS informed 

the Pacific Fisheries Management 

Council that the Sacramento River Fall 

Chinook salmon stock failed to meet the 

escapement goal for the third 

consecutive year, which has triggered an 

overfished status determination. 

As noted above, within 2 years of 

notification of an overfished 

determination, the respective Council 

(or the Secretary) must adopt and 

implement a rebuilding plan, through 

an FMP Amendment or proposed 

implementing regulations, which ends 

overfishing immediately and provides 

for rebuilding of the stock. In addition, 

for the fisheries experiencing 

overfishing, the responsible Councils 

must propose, and NMFS must adopt, 

effective ACLs and AMs to end 

overfishing. 

Dated: May 14, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–12282 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–22–S 


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