August 29, 2014 

MEMORANDUM TO: 

FROM: 

SUBJECT: 

SUMMARY 

Paul Piquado 

Assistant Secretary 

for Enforcement and Compliance 

UNITED STATES DEPARTMENT OF COMMERCE 

lntor·national Tr·ade Administr·ation 

Wusl•ngron. DC. 20230 

A-570-012 

Investigation 

POI: 7/1/2013- 12/31/2013 

Public Document 

AD/CVD/11: BCS/BJC 

Gary Taverman ~ 

Associate Deputy Assistant Secretary 

for Antidumping and Countervailing Duty Operations 

Decision Memorandum for the Preliminary Determination of the 

Antidumping Duty Investigation of Carbon and Certain Alloy Steel 

Wire Rod from the People's Republic of China 

The Department of Commerce {Department) preliminarily determines that carbon and certain 

alloy steel wire rod (steel wire rod) from the People's Republic of China {PRC) is being, or is 

likely to be, sold in the United States at less than fair value {LTFV), as provided in section 733 

of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are 

shown in the "Preliminary Determination" section of the accompanying Federal Register notice. 

BACKGROUND 

On January 31,2014, the Department received an antidumping duty (AD) petition concerning 

imports of steel wire rod from the PRC filed in proper form by ArcelorMittal USA LLC, Charter 

Steel, Evraz Pueblo (formerly Evraz Rocky Mountain Steel), Gerdau Ameristeel US Inc., 

Keystone Consolidated Industries, Inc., and Nucor Corporation {collectively, the petitioners). 

1 

The Department initiated an AD investigation of steel wire rod from the PRC on February 20, 

2014? 

In the Initiation Notice, the Department notified parties of the application process by which 

exporters and producers may obtain separate rate status in non-market economy (NME) 

1 See Petition for the Imposition of Antidumping and Countervailing Duties on Carbon and Certain Alloy Steel Wire 

Rod from the People's Republic of China, filed on January 31, 2014 (petition); and the petitioners' February 10, 

2014, filing titled, "Petitioners' Response to Commerce Department Antidumping Supplemental QuestionnaireCarbon and Certain Alloy Steel Wire Rod from the People's Republic of China." 

2 See Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Initiation of Antidumping 

Duty Investigation, 79 FR 11077 (February 27, 2014) (Initiation Notice). 

T R A 0 E 
2

investigations.3 The process requires exporters and producers to submit a separate rate 

application (SRA) and to demonstrate an absence of both de jure and de facto government 

control over their export activities. The Initiation Notice stated that the SRA was due 60 days 

after publication of the notice, which was April 29, 2014. 

On February 24 and 25, 2014, the Department mailed quantity and value (Q&V) questionnaires 

to the 58 PRC exporters and/or producers of steel wire rod named in the petition. On March 13, 

2014, the Department received timely filed Q&V questionnaire responses from 11 

exporters/producers.4

On March 19, 2014, the U.S. International Trade Commission preliminary determined that there 

is a reasonable indication that an industry in the United States was materially injured by reason 

of imports of steel wire rod from the PRC.5

On April 16, 2014, the Department determined that it was not practicable to examine more than 

two mandatory respondents in the investigation and selected the two exporters accounting for the 

largest volume of steel wire rod exported from the PRC during the POI based on Q&V data (i.e., 

Benxi Beiying Iron and Steel Group Imp. and Exp. Corp. Ltd. (Benxi) and Tangshan Iron and 

Steel Group Co. Ltd. (Tangshan)).6 

On April 17, 2014, the Department issued its AD NME questionnaire to Benxi and Tangshan. 

Tangshan did not respond to the Department’s AD questionnaire.7 On May 22 and June 9, 2014, 

Benxi submitted its response to sections A and C of the Department’s AD questionnaire, 

respectively. 

On April 28, 2014, eight PRC companies submitted SRAs.8

 From May 30 to June 6, 2014, the 

Department issued supplemental questionnaires to these eight separate rate applicants, and 

received responses to those supplemental questionnaires between June 19 and August 1, 2014. 

 

On June 4, the petitioners filed a critical circumstances allegation and made a timely request 

pursuant to section 733(c)(1)(A) of the Act and 19 CFR 351.205(e) for a 50-day postponement of 

the preliminary determination.9

 

                                                            

3

 See Initiation Notice, 79 FR at 11080. 

4

 The Department did not issue a Q&V questionnaire to one PRC company, Xuanhua Iron and Steel Group Ltd. 

(Xuanhua), because it was not named in the Petition. Nevertheless, the Department received a Q&V response from 

this company on March 13, 2014. See Letter from Xuanhau to the Department, dated March 13, 2014. 

5

 See Carbon and Certain Alloy Steel Wire Rod From China, 79 FR 16373 (March 25, 2014) (ITC Preliminary 

Determination).

6

 See Memorandum to James Maeder, Director, Office II, from Irene Darzenta Tzafolias, Program Manager, Office 

II, entitled, “Respondent Selection in the Antidumping Duty Investigation of Carbon and Certain Alloy Steel Wire 

Rod from the People’s Republic of China,” dated April 16, 2014 (Respondent Selection Memo). 

7

 See Memorandum to the File entitled, “Documentation Confirming Delivery Receipt of the Antidumping Duty 

Questionnaire by Tangshan Iron and Steel Group Ltd. (Tangshan),” dated August 22, 2014. 

8

 These companies included Angang Group International Trade Corporation (Angang), Baotou Steel International 

Economic and Trading Co., Ltd. (Baotou), Bei Tai Iron and Steel Group Imp. and Exp. (Dalian) Co., Ltd. (Beitai), 

Hunan Valin Xiangtan Iron & Steel Co., Ltd. (Hunan Valin), Qingdao Iron and Steel Co., Ltd. (Qingdao), Rizhao 

Steel Wire Co.; Ltd. (Rizhao), Jiangsu Shagang International Trade Co., Ltd. (Shagang); and Jiangsu Yonggang 

Group Co. Ltd. (Yonggang). 
3

On June 16, 2014, Benxi notified the Department that it declined to respond to additional 

information requests in this investigation.10 

On June 17, 2014, the Department published a postponement fully extending the due date of the 

preliminary determination to August 29, 2014.11

On July 25, 2014, the petitioners submitted comments for consideration in the preliminary 

determination.12 

PERIOD OF INVESTIGATION 

The period of investigation (POI) is July 1, 2013, through December 31, 2013. This period 

corresponds to the two most recent fiscal quarters prior to the month in which the petition was 

filed, which was on January 31, 2014.13

SCOPE OF INVESTIGATION 

The merchandise covered by this investigation is certain hot-rolled products of carbon steel and 

alloy steel, in coils, of approximately circular cross section, less than 19.00 mm in actual solid 

cross-sectional diameter. Specifically excluded are steel products possessing the above-noted 

physical characteristics and meeting the Harmonized Tariff Schedule of the United States 

(HTSUS) definitions for (a) stainless steel; (b) tool steel; (c) high nickel steel; (d) ball bearing 

steel; or (e) concrete reinforcing bars and rods. Also excluded are free cutting steel (also known 

as free machining steel) products (i.e., products that contain by weight one or more of the 

following elements: 0.1 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or 

more of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent of selenium, or 

more than 0.01 percent of tellurium). All products meeting the physical description of subject 

merchandise that are not specifically excluded are included in this scope. 

The products under investigation are currently classifiable under subheadings 7213.91.3011, 

7213.91.3015, 7213.91.3020, 7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 

7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of 

the HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS 

also may be included in this scope if they meet the physical description of subject merchandise 

above. Although the HTSUS subheadings are provided for convenience and customs purposes, 

the written description of the scope of this proceeding is dispositive. 

                                                                                                                                                                                                9

 See Petitioners’ Critical Circumstances Allegation, dated June 4, 2014, and Petitioners’ letter Requesting to 

Postpone the Preliminary Determination, dated June 4, 2014. 

10 See Benxi’s letter to the Department, dated June 17, 2014. 

11 See Carbon and Certain Alloy Steel Wire Rod From the People’s Republic of China: Postponement of 

Preliminary Determination of Antidumping Duty Investigation, 79 FR 34491 (June 17, 2014). 12 See the petitioners’ letter to the Department, dated July 25, 2014. 

13 See 19 CFR 351.204(b)(1). 
4

SCOPE COMMENTS 

In accordance with the preamble to the Department’s regulations,14 in our Initiation Notice, we 

notified parties of an opportunity to comment on the scope of the investigation.15 No parties 

submitted comments on the scope of the investigation. Therefore, we have not made any 

changes to the existing scope of this investigation. 

RESPONDENT SELECTION 

Section 777A(c)(l) of the Act directs the Department to calculate an individual weighted-average 

dumping margin for each known exporter and producer of the subject merchandise. However, 

section 777A(c)(2) of the Act gives the Department discretion to limit its examination to a 

reasonable number of exporters and producers if it is not practicable to make individual 

weighted-average dumping margin determinations because of the large number of exporters and 

producers involved in an investigation. When the Department limits the number of exporters 

examined in an investigation pursuant to section 777A(c)(2) of the Act, section 782(a) of the Act 

directs the Department to calculate individual weighted average dumping margins for companies 

not initially selected for individual examination who voluntarily provide the information 

requested of the mandatory respondents if: (1) the information is submitted by the due date 

specified for the mandatory respondents; and, (2) the number of such companies that have 

voluntarily provided such information is not so large that individual examination would be 

unduly burdensome and inhibit the timely completion of the investigation. 

In the Initiation Notice, the Department stated that it intended to select respondents using 

information derived from Q&V questionnaire responses.16 Between February 24 and 25, 2014, 

the Department mailed Q&V questionnaires to the 58 PRC exporters and/or producers of steel 

wire rod named in the petition. All of the Q&V questionnaires were successfully delivered to the 

addressees, except for 12, as evidenced by FedEx notification and delivery slip confirmation 

receipts on the record.17 The Department also posted a copy of the Q&V questionnaire on its 

website. 

On March 13, 2014, the Department received timely filed Q&V questionnaire responses from 11 

exporters/producers. On April 16, 2014, the Department determined that it was not practicable 

to examine more than two mandatory respondents in the investigation. Therefore, in accordance 

with section 777A(c)(2) of the Act, the Department selected the two exporters accounting for the 

largest volume of steel wire rod exported from the PRC during the POI based on Q&V data (i.e., 

Benxi and Tangshan).18 The Department issued its AD NME questionnaire to Benxi and 

Tangshan on April 17, 2014. 

On May 22 and June 9, 2014 Benxi submitted its response to sections A and C of the 

Department’s AD questionnaire, respectively. However, on June 16, 2014, Benxi notified the 

                                                            

14 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 

15 See Initiation Notice, 79 FR at 11078. 

16 Id., at 11080. 

17 See the Department’s memo to the file entitled, “Issuance of Quantity and Value Questionnaire,” dated April 1, 

2014. 

18 See Respondent Selection Memo. 
5

Department that it declined to respond to additional information requests in this investigation.19 

As a result of Benxi’s decision to terminate its participation in this case, it did not submit a 

response to section D of the Department’s AD questionnaire. Tangshan, the other mandatory 

respondent, did not respond to the Department’s AD questionnaire in its entirety. No company 

requested to be a voluntary respondent in this investigation. 

DISCUSSION OF THE METHODOLOGY 

Non-Market Economy Country 

The Department considers the PRC to be an NME country.20 In accordance with section 

771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall 

remain in effect until revoked by the administering authority. Therefore, we continue to treat the 

PRC as an NME country for purposes of this preliminary determination. 

Separate Rates 

In proceedings involving NME countries, the Department begins with a rebuttable presumption 

that all companies within the NME country are subject to government control and, thus, should 

be assessed a single AD rate.21 In the Initiation Notice, the Department notified parties of the 

application process by which exporters may obtain separate-rate status in NME proceedings.22 It 

is the Department’s policy to assign all exporters of merchandise under investigation that are in 

an NME country a single weighted-average dumping margin unless an exporter can demonstrate 

that it is sufficiently independent from government control so as to be entitled to a separate 

rate.23 The Department analyzes whether each entity exporting the subject merchandise is 

sufficiently independent from government control under a test arising from Sparklers,24

 as 

further developed in Silicon Carbide.25 In accordance with this separate rates test, the 

Department assigns separate rates to respondents in NME proceedings if respondents can 

demonstrate the absence of both de jure and de facto governmental control over their export 

                                                            

19 See Benxi’s letter to the Department dated June 17, 2014. 

20 See Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Preliminary Results of 

the First Administrative Review, Preliminary Rescission, in Part, and Extension of Time Limits for the Final 

Results, 76 FR 62765, 62767-68 (October 11, 2011), unchanged in Certain Kitchen Appliance Shelving and Racks 

From the People’s Republic of China: Final Results and Partial Rescission of First Antidumping Duty 

Administrative Review, 77 FR 21734 (April 11, 2012). 

21 See Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In 

Part: Certain Lined Paper Products From the People’s Republic of China, 71 FR 53079, 53082 (September 8, 2006); 

see also Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of 

Critical Circumstances: Diamond Sawblades and Parts Thereof From the People’s Republic of China, 71 FR 29303, 

29307 (May 22, 2006). 

22 See Initiation Notice, 78 FR at 29330. 

23 See Final Determination of Sales at Less Than Fair Value: Sparklers From the People's Republic of China, 56 FR 

20588, 20589 (May 6, 1991) (Sparklers); Notice of Final Determination of Sales at Less Than Fair Value: Silicon 

Carbide From the People’s Republic of China, 59 FR 22585, 22586-89 (May 2, 1994) (Silicon Carbide). 24 See Sparklers, 56 FR at 20588. 25 See Silicon Carbide, 59 FR at 22586-89. 
6

activities.26 If, however, the Department determines that a company is wholly foreign-owned, 

then a separate rate analysis is not necessary to determine whether it is independent from 

government control and, therefore, eligible for a separate rate. 

Under the separate rates test, the Department considers the following de jure criteria in 

determining whether an individual company may be granted a separate rate: (1) an absence of 

restrictive stipulations associated with an individual exporter’s business and export licenses; (2) 

legislative enactments decentralizing control over export activities of the companies; and (3) 

other formal measures by the government decentralizing control over export activities of 

companies.27 

Further, the Department typically considers four factors in evaluating whether a respondent is 

subject to de facto government control of its export functions: (1) whether the export prices 

(“EP”) are set by, or are subject to the approval of, a government agency; (2) whether the 

respondent has authority to negotiate and sign contracts and other agreements; (3) whether the 

respondent has autonomy from the government in making decisions regarding the selection of 

management; and, (4) whether the respondent retains the proceeds of its export sales and makes 

independent decisions regarding the disposition of profits or financing of losses.28 

The Department continues to evaluate its practice with regard to the separate rates analysis in 

light of the diamond sawblades from China antidumping duty proceeding, and Commerce’s 

determinations therein.29 In particular, we note that in litigation involving the diamond 

sawblades proceeding, the U.S. Court of International Trade found the Department’s existing 

separate rates analysis deficient in the circumstances of that case, in which a governmentcontrolled entity had significant ownership in the respondent exporter.30 We have concluded that 

                                                            

26 See, e.g., Final Results of Antidumping Duty Administrative Review: Petroleum Wax Candles From the People’s 

Republic of China, 72 FR 52355, 52356 (September 13, 2007); Brake Rotors From the People’s Republic of China: 

Preliminary Results and Partial Rescission of the Fourth New Shipper Review and Rescission of the Third 

Antidumping Duty Administrative Review, 66 FR 1303, 1306 (January 8, 2001), unchanged in Brake Rotors From 

the People’s Republic of China: Final Results and Partial Rescission of Fourth New Shipper Review and Rescission 

of Third Antidumping Duty Administrative Review, 66 FR 27063 (May 16, 2001); Notice of Final Determination of 

Sales at Less Than Fair Value: Creatine Monohydrate From the People’s Republic of China, 64 FR 71104 

(December 20, 1999). 

27 See Sparklers, 56 FR at 20589. 

28 See Silicon Carbide, 59 FR at 22586-89; Notice of Final Determination of Sales at Less Than Fair Value: 

Furfuryl Alcohol From the People’s Republic of China, 60 FR 22544, 22545 (May 8, 1995). 

29 See Final Results of Redetermination Pursuant to Remand Order for Diamond Sawblades and Parts Thereof from 

the People’s Republic of China (May 6, 2013) in Advanced Technology & Materials Co., Ltd., et al. v. United 

States, 885 F. Supp. 2d 1343 (CIT 2012), affirmed in Advanced Technology & Materials Co., Ltd., et al. v. United 

States, 938 F. Supp. 2d 1342 (CIT 2013). This remand redetermination is on the Enforcement and Compliance 

website at http://enforcement.trade.gov/remands/12-147.pdf. See also Diamond Sawblades and Parts Thereof from 

the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 78 

FR 77098 (December 20, 2013) and accompanying Preliminary Decision Memo at 7, unchanged in Diamond 

Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty 

Administrative Review; 2011-2012, 79 FR 35723 (June 24, 2014) and accompanying Issues and Decision 

Memorandum at Comment 1. 

30 See, e.g., Advanced Technology & Materials Co., Ltd. v. United States, 885 F. Supp. 2d 1343, 1349 (CIT 2012) 

(“The court remains concerned that Commerce has failed to consider important aspects of the problem and offered 

explanations that run counter to the evidence before it.”); id. at 1351 (“Further substantial evidence of record does 

not support the inference that SASAC’s {state-owned assets supervision and administration commission} 
7

where a government entity holds a majority ownership share, either directly or indirectly, in the 

respondent exporter, the majority ownership holding in and of itself means that the government 

exercises or has the potential to exercise control over the company’s operations generally, which 

may include control over, for example, the selection of management, a key factor in determining 

whether a company has sufficient independence in its export activities to merit a separate rate. 

Consistent with normal business practices, we would expect any majority shareholder, including 

a government, to have the ability to control, and an interest in controlling, the operations of the 

company, including the selection of management and the profitability of the company. 

Accordingly, we have considered the level of government ownership where necessary. 

A. Separate Rate Recipients 

The Department preliminarily determines that Rizhao, Hunan Valin, and Shagang are eligible to 

receive a separate rate, as explained below. 

 1. Absence of De Jure Control 

The evidence provided by Rizhao, Hunan Valin, and Shagang supports a preliminary finding of 

an absence of de jure government control for each of these companies based on the following: 

(1) an absence of restrictive stipulations associated with the individual exporters’ business and 

export licenses; (2) the existence of applicable legislative enactments decentralizing control of 

the companies; and (3) the implementation of formal measures by the government decentralizing 

control of Chinese companies.31

 2. Absence of De Facto Control 

The evidence provided by Rizhao,32 Hunan Valin,33 and Shagang34 supports a preliminary 

finding of an absence of de facto government control based on record statements and supporting 

documentation showing that the companies: (1) set their own EPs independent of the 

government and without the approval of a government authority; (2) have the authority to 

negotiate and sign contracts and other agreements; (3) maintain autonomy from the government 

in making decisions regarding the selection of management; and (4) retain the proceeds of their 

respective export sales and make independent decisions regarding the disposition of profits or 

financing of losses. 

                                                                                                                                                                                               

‘management’ of its ‘state-owned assets’ is restricted to the kind of passive-investor de jure ‘separation’ that 

Commerce concludes.”) (footnotes omitted); id. at 1355 (“The point here is that ‘governmental control’ in the 

context of the separate rate test appears to be a fuzzy concept, at least to this court, since a ‘degree’ of it can 

obviously be traced from the controlling shareholder, to the board, to the general manager, and so on along the chain 

to ‘day-to-day decisions of export operations,’ including terms, financing, and inputs into finished product for 

export.”); id. at 1357 (“AT&M itself identifies its ‘controlling shareholder’ as CISRI {owned by SASAC} in its 

financial statements and the power to veto nomination does not equilibrate the power of control over nomination.”) 

(footnotes omitted). 

31 See Rizhao’s April 28, 2014, SRA at 6 through 9, and Exhibits 2, 3, and 4; Hunan Valin’s April 28, 2014, SRA at 

9 through 13, and Exhibits 6, 7 and 8; and Shagang’s April 28, 2014, SRA at 6 through 9, and Exhibits 2, 3, and 5ad. 

32 See Rizhao’s April 28, 2014, SRA at 9 through 17, and Exhibits 1, 7, 8, and 9. 33 See Hunan Valin’s April 28, 2014, SRA at 13 through 21, and Exhibits 4, 5, 10, 11, and 12. 34 See Shagang’s April 28, 2014, SRA at 9 through 19, and Exhibits 1a-b, 9a-d, and 10. 
8

Therefore, the evidence placed on the record of this investigation by Rizhao, Hunan Valin and 

Shagang demonstrates an absence of de jure and de facto government control under the criteria 

identified in Sparklers and Silicon Carbide. Accordingly, the Department preliminarily grants 

separate rates to Rizhao, Hunan Valin, and Shagang.35

B. Companies Not Receiving a Separate Rate 

The Department preliminarily determines that Angang, Baotou, Qingdao, and Yongang are not 

eligibile to receive a separate rate, as explained below. The Department also preliminarily 

determines that Beitai is ineligible for a separate rate because of its relationship with mandatory 

respondent Benxi.36 

 1. Absence of De Jure Control 

The evidence provided by Angang,37 Baotou,38 Qingdao,39 and Yonggang40 supports a 

preliminary finding of an absence of de jure government control for each of these companies. 

 2. Failure to Demonstrate Absence of De Facto Control 

The Department preliminarily determines that Angang, Baotou, Qingdao, and Yonggang have 

not demonstrated an absence of de facto government control, and is, therefore, not granting these 

companies a separate rate for the reasons explained below.41

Angang is wholly-owned by Anshan Iron and Steel Group Corporation (Ansteel), which is, in 

turn, wholly-owned by Ansteel Group Corporation (Ansteel Group). Ansteel Group is whollyowned by the State-owned Assets Supervision and Administration Commission of the State 

Council (SASAC). Because of this level of government ownership, and the control that such 

ownership on its own establishes, we conclude that Angang does not satisfy the criteria 

demonstrating an absence of de facto government control over export activities. Consequently, 

Angang is ineligible for a separate rate. We note that evidence demonstrates that, via its 100-

percent SASAC-owned Ansteel and Ansteel Group assets, the PRC government exercises its 

rights inherent in majority ownership as would be expected. For instance, Angang does not 

choose its managers, and there is significant overlap in management among Angang, Ansteel, 

and Ansteel Group.42 Furthermore, Angang does not make independent decisions concerning the 

                                                            

35 See “Margin for the Separate Rate Companies” section below. 36 See “The PRC-wide Entity” section below for further discussion. 

37 See Angang’s April 28, 2014, SRA at 9-10. 

38 See Baotou’s April 28, 2014, SRA at 11-12. 

39 See Qindao’s April 28, 2014, SRA at 8, and June 26, 2014, Supplemental SRA Response at Exhibit 18. 

40 See Yonggang’s July 2, 2014, Supplemental SRA Response at Exhibits 1A and 1B. 

41 For business proprietary information details for Angang, Baotou and Qingdao, see Memorandum entitled 

“Business Proprietary Information Related to Companies Not Receiving a Separate Rate in the Preliminary 

Determination,” dated concurrently with this memorandum. For business proprietary information details for 

Yonggang, see Memorandum entitled “Separate Rate Analysis for Jiangsu Yonggang Group Co. Ltd.” (Yonggang 

Separate Rate Analysis Memo), dated concurrently with this memorandum. 

42 See Angang’s April 28, 2014 SRA at Exhibits 7 and 10; and Angang’s July 2, 2014, Supplemental SRA Response 

at Exhibits 15 and 18. 
9

disposition of its profits or the financing of its losses. Specifically, Angang does not retain its 

own profits.43 

 

Similarly, Baotou is wholly-owned by Baotou Iron & Steel (Group) Co., Ltd. (Baotou Group), 

which is, in turn, majority-owned by the People’s Government of Inner Mongolia Autonomous 

Region, a PRC government entity.44 Because of this level of government ownership, and the 

control that such ownership on its own establishes, we conclude that Baotou does not satisfy the 

criteria demonstrating an absence of de facto government control over export activities. 

Consequently, Baotou is ineligible for a separate rate. As with Angang, we note that evidence 

demonstrates that, via its majority ownership of the Baotou Group, the PRC government 

exercises its rights inherent in majority ownership as would be expected. For instance, Baotou’s 

Board of Directors and General Manager are appointed by the Baotou Group.45 

Qingdao’s largest shareholder is a wholly state-owned enterprise.46 Because of this level of 

government ownership, and the control that such ownership on its own establishes, we conclude 

that Qingdao does not satisfy the criteria demonstrating an absence of de facto government 

control over export activities. Consequently, Qingdao is ineligible for a separate rate. We note 

that evidence demonstrates that, via its 100-percent state-owned asset, the PRC government 

exercises its rights inherent in majority ownership as would be expected. For instance, 

Qingdao’s largest shareholder appoints its board members and there is shared management 

between Qingdao and its largest shareholder.

With respect to Yonggang, as noted above, we find it to be ineligible for a separate rate. 

Because the information underlying our determination is of a business proprietary nature, our 

separate rate analysis with respect to Yonggang is included in a separate memorandum.47 

The PRC-wide Entity 

The Department did not receive a response to its AD questionnaire from Tangshan, which was 

selected as a mandatory respondent in this investigation. Because Tangshan did not respond to 

the Department’s request for information, it has not demonstrated that it is eligible for a separate 

rate and, therefore, the Department considers it to be a part of the PRC-wide entity. 

Benxi, the other mandatory respondent in this investigation, provided responses to sections A 

and C of the Department’s AD questionnaire, which included a separate rate application.48 

However, on June 16, 2014, Benxi notified the Department that it declined to respond to 

additional information requests in this investigation, and, thus, withdrew from the 

investigation.49 Prior to withdrawing from this investigation, Benxi stated in its May 22, 2014, 

response to section A of the Department’s AD questionnaire (Section A Response) that: (1) its 

section A submission was being submitted on behalf of itself and “its affiliated exporter, Beitai 

                                                            

43 See Angang’s April 28, 2014 SRA at Exhibit 7. 

44 See Baotou’s April 28, 2014 SRA at Exhibits 9 and 15. 

45 See Baotou’s April 28, 2014 SRA at Exhibit 9. 

46 See Qingdao’s June 26, 2014, Supplemental SRA Response at 2. 

47 See Yonggang Separate Rate Analysis Memo. 

48 See Benxi May 22, 2014, Section A Response at 2-20. 

49 See Benxi’s Letter to the Department, dated June 16, 2014. 
10

Iron and Steel Group Imp. and Exp. (Dalian) Co., Ltd...;”50 (2) Beitai should be treated as part of 

the Benxi Group entity;51 and, (3) it was “supplementing and clarifying certain responses and 

information” contained in Beitai’s SRA filed on April 28, 2014.52 Additionally, Benxi reported 

Beitai’s sales of subject merchandise made during the POI in its June 9, 2014, response to 

section C of the Department’s AD questionnaire (Section C Response).53 Therefore, in light of 

these statements as well as other record evidence54 (including Benxi’s withdrawal from the 

investigation), we find it appropriate to consider Beitai a part of Benxi for purposes of this 

preliminary determination. Because Benxi stated that it will not respond to any additional 

information requests in this investigation, the Department does not have sufficient information 

on the record to determine whether it is eligible for a separate rate or to calculate a margin for 

Benxi. Therefore, the Department considers Benxi (of which Beitai is a part) to be part of the 

PRC-wide entity. 

Furthermore, as discussed above, we have determined not to grant a separate rate to Angang, 

Baotou, Qingdao, and Yonggang. Because these companies have not demonstrated that they are 

eligible for a separate rate, the Department considers them to be part of the PRC-wide entity. 

In addition, the record indicates that there are other PRC exporters and/or producers of the 

merchandise under consideration during the POI that did not respond to the Department’s 

requests for information. Specifically, the Department did not receive responses to its Q&V 

questionnaire from 48 PRC exporters and/or producers55 that were named in the petition and to 

                                                            

50 See Benxi Section A Response at 1. In its SRA, Beitai also provided information showing its affiliation with 

Benxi. See Beitai’s April 28, 2014, SRA at Exhibit 13. On July 25, 2014, the petitioners argued that the 

Department should not grant Beitai a separate rate because of its affiliation with Benxi and Benxi’s decision to no 

longer participate in this investigation. See the petitioners’ letter, dated July 25, 2014. Neither Benxi nor Beitai 

responded to the petitioners’ comments. 

51 See Benxi’s Section A Response at 1. 

52 See id. at 3. 

53 See Benxi’s Section C Response at 2 and Exhibit C-1. 

54 For example, the record shows that Beitai and Benxi are part of the same corporate group. See Beitai’s April 28, 

2014, SRA at Exhibit 13; and Benxi’s May 22, 2014, Section A Response at Exhibit 11. Benxi and Beitai also have 

common board members and export subject merchandise manufactured by the same affiliated producers. See 

Beitai’s April 28, 2014, SRA at 8 and 18; and Benxi’s May 22, 2014, Section A Response at Exhibits 7 and 16. 

Beitai also provided a company certification in Benxi’s Section A and C responses. See cover letters in Benxi’s 

May 22, 2014, and June 9, 2014, submissions. 

55 These companies include: Baoshan Iron & Steel Co., Ltd, Beijing Jianlong Heavy Industry Group Co., Ltd., 

Changzhou Zongtain Iron & Steel Co., Chongqing Iron and Steel Group Co., Ltd., Delong Steel Limited, Fugang 

Group, Guangxi Liuzhou Iron and Steel Group Co., Guofeng Iron and Steel, Handan Iron & Steel Group Co., Ltd., 

Hangzhou Iron and Steel Group Company, Hebei Iron & Steel Group Co., Ltd. (includes Jin Ding Heavy Industry 

Co., Ltd.), Hebei Jingye Group, Hebei Puyang Iron and Steel Co. Ltd., Hebei Xinjin Iron and Steel Co., Ltd. 

(includes Xuanhua Iron & Steel Group and Tang Steel), Hubei Xinyegang Steel Co. Ltd., Henan Jiyuan Iron & Steel 

Group Co., Ltd., Jiangxi PXSteel Industrial Co., Ltd., Jinan Iron and Steel Group, Co., Ltd. (subsidiary of Shandong 

Iron and Steel Group Co., Ltd.), Jinxi Group, Jiuquan Iron & Steel Group Co., Ltd. (JISCO) (includes Yugang 

(Yuzhong Iron & Steel)), Kumming Iron & Steel Holding Co., Ltd. (KISC), Laiwu Iron and Steel Group. Co, Ltd., 

Laiyuan County Aoyu Steel Co. Ltd., Ling Yuan Iron and Steel Group Co., Ltd., Lengshuijiang Iron & Steel Group 

Co., Maanshan Iron & Steel Co., Ltd., Nanjing Iron and Steel United Co., Ltd., Panzhihua Iron & Steel (Group) Co. 

(Pangang Group), Pingxiang Iron & Steel Co., Ltd., Shaanxi Longmen Iron & Steel Group Co., Ltd. (includes 

Hangzhong Iron and Steel), Shanxi Jincheng Steel Holding Group Co., Ltd. (Jingang Group), Shanxi Zhongyang 

Iron and Steel Co., Ltd., Shougang Changzhi Iron & Steel Ltd. (includes Shougang Qian'an), Shougang Group 

(includes Shougant Corp. aka Beijing Capital Iron and Steel Group company (Shougang Steel), Shougang Tonggang 
11

whom the Department issued or attempted to issue the questionnaire.56 Because non-responsive 

PRC companies have not demonstrated that they are eligible for separate rate status, the 

Department considers them to be part of the PRC-wide entity. Furthermore, as explained in the 

next section, we have preliminarily determined the rate applicable to the PRC-wide entity on the 

basis of AFA. 

Application of Facts Available and Adverse Inferences 

Sections 776(a)(1) and (2) of the Act provide that, if necessary information is missing from the 

record, or if an interested party or any other person (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 proceeding under the AD 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. 

The Department preliminarily finds that the PRC-wide entity (which includes the companies 

named in “The PRC-wide Entity” section above) failed to provide necessary information, 

withheld information requested by the Department, failed to provide information in a timely 

manner, and significantly impeded the proceeding by not submitting the requested information. 

The PRC-wide entity neither filed documents indicating that it was experiencing difficulty 

providing the information, nor did it request to submit the information in an alternate form. As a 

result, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of the Act, we find that the use of facts 

available is appropriate to determine the rate for the PRC-wide entity.57 

Section 776(b) of the Act provides that, in selecting from among the facts otherwise available, 

the Department may use an inference that is adverse to the interests of an interested party if that 

party failed to cooperate by not acting to the best of its ability to comply with requests for 

information. The Department finds that the PRC-wide entity’s failure to provide the requested 

information constitutes circumstances under which it is reasonable to conclude that the PRCwide entity is not fully cooperative.58 Therefore, the Department preliminarily determines that 

the PRC-wide entity failed to cooperate by not acting to the best of its ability to comply with 

requests for information and, consequently, the Department may employ an adverse inference in 

                                                                                                                                                                                               

Group, Sichuan Tranvic Group Co. Ltd., Tempo International Industry Co., Ltd., Tianjin Iron & Steel Group Co., 

Ltd., Tianjin Rockcheck Steel Group Co., Ltd., Tianjin Tiantie Metallurgical Group, Tianjin Tiantie Zhaer Steel 

Production Co., Ltd., Tonghua Steel Group, Weifang Special Steel Group Co., Ltd., Wuhan Iron & Steel Co., Ltd. 

(Wuhan Iron & Steel (Group) Corp.) (WISCO), Wuanshi Yuhua Steel Co, Ltd., Xilin Iron & Steel Group, Xingtai 

Iron & Steel Co., Ltd., and Xinyu Iron & Steel Co., Ltd. 56 See “Respondent Selection” section above. 

57 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary 

Determination of Critical Circumstances and Postponement of Final Determination: Certain Frozen Fish Fillets 

From the Socialist Republic of Vietnam, 68 FR 4986, 4991 (January 31, 2003), unchanged in Notice of Final 

Determination of Sales at Less Than Fair Value and Affirmative Critical Circumstances: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam, 68 FR 37116 (June 23, 2003). 

58 See Nippon Steel Corporation v. United States, 337 F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the Department 

need not show intentional conduct existed on the part of the respondent, but merely that a “failure to cooperate to the 

best of a respondent’s ability” existed (i.e., information was not provided “under circumstances in which it is 

reasonable to conclude that less than full cooperation has been shown”)). 
12

selecting from among the facts otherwise available. When using an adverse inference, section 

776(b) of the Act states that the Department may rely upon information derived from the 

petition, the final determination from the LTFV investigation, a previous administrative review, 

or any other information placed on the record. 

In selecting a rate for the PRC-wide entity based on adverse facts available (AFA), the 

Department’s practice is to select a rate that is sufficiently adverse to ensure that the 

uncooperative party does not obtain a more favorable result by failing to cooperate than if it had 

fully cooperated.59 Specifically, it is the Department’s practice to select, as an AFA rate, the 

higher of: (a) the highest dumping margin alleged in the petition; or, (b) the highest calculated 

dumping margin of any respondent in the investigation.60 There are no calculated margins for 

any respondents in this investigation. Therefore, as AFA, the Department has preliminarily 

assigned to the PRC-wide entity the rate of 110.25 percent, which is the highest dumping margin 

alleged in the petition. The dumping margin for the PRC-wide entity applies to all entries of the 

merchandise under investigation except for entries of subject merchandise from the 

exporter/manufacturer combinations listed in the “Margin for the Separate Rate Companies” 

section below. 

Corroboration of the AFA Rate 

When using facts otherwise available, section 776(c) of the Act provides that, where the 

Department relies on secondary information (such as the petition) rather than information 

obtained in the course of an investigation, it must corroborate, to the extent practicable, 

information from independent sources that are reasonably at its disposal. The SAA clarifies that 

“corroborate” means the Department will satisfy itself that the secondary information to be used 

has probative value.61 As stated in Japanese TRBs, to corroborate secondary information, the 

Department will examine, to the extent practicable, the reliability and relevance of the 

information used.62 The Department’s regulations state that independent sources used to 

corroborate such evidence may include, for example, published price lists, official import 

                                                            

59 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final 

Determination: Purified Carboxymethylcellulose From Finland, 69 FR 77216 (December 27, 2004), unchanged in 

Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From Finland, 70 

FR 28279 (May 17, 2005). 

60 See Certain Stilbenic Optical Brightening Agents From the People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than 

Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products From the People's Republic of China, 65 

FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum, at “Facts Available.” 

61 See Statement of Administrative Action accompanying the Uruguay Round Agreements Act (SAA), H. Doc. No. 

316, 103d Cong., 2d Session at 870 (1994). 

62 See 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) (Japanese TRBs); 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, 11843 (March 13, 1997). 
13

statistics and customs data, and information obtained from interested parties during the particular 

investigation.63 

For purposes of this investigation and to the extent that appropriate information was available, 

we reviewed the adequacy and accuracy of the information in the petition during our preinitiation analysis.64 We examined evidence supporting the calculations in the petition to 

determine the probative value of the margins alleged in the petition for use as AFA for purposes 

of this preliminary determination. During our pre-initiation analysis we examined the key 

elements of the EP and normal value (NV) calculations used in the petition to derive margins. 

We also examined information from various independent sources provided either in the petition 

or in the supplement to the petition that demonstrated the accuracy and validity of key elements 

of the EP and NV calculations used in the petition to derive estimated margins.65

Based on our examination of the information, as discussed in detail in the Initiation Checklist, 

we consider the petitioners’ calculation of the EP and NV to be reliable. Therefore, because we 

confirmed the accuracy and validity of the information underlying the calculation of margins in 

the petition by examining source documents as well as publicly available information, we 

preliminarily determine that the margins in the petition are reliable for the purposes of this 

investigation. 

With respect to the relevance aspect of corroboration, the Department will consider information 

reasonably at its disposal as to whether there are circumstances that would render a margin not 

relevant.66 Where circumstances indicate that the selected margin is not appropriate as AFA, the 

Department will disregard the margin and determine an appropriate margin.67 We find that the 

rates in the petition reflect commercial practices of the steel wire rod industry and, as such, are 

relevant to the respondents in this investigation.68 The courts have acknowledged that the 

consideration of the commercial behavior inherent in the industry is important in determining the 

relevance of the selected AFA rate to the uncooperative respondent by virtue of it belonging to 

the same industry.69 Such consideration typically encompasses the commercial behavior of other 

respondents under investigation; however, as there are no cooperating mandatory respondents in 

this investigation, we have relied upon the rates found in the petition, which is the only 

information regarding the steel wire rod industry reasonably at the Department’s disposal. 

Because the petition rates are derived from the steel wire rod industry and are based on 

information related to aggregate data involving the steel wire rod industry, we have determined 

that that the petition rates are relevant. Accordingly, by using information that was determined 

                                                            

63 19 CFR 351.308(d). 

64 See Initiation Checklist, at 6-10. 

65 Id. 

66 See Certain Steel Nails from the United Arab Emirates: Preliminary Determination of Sales at Less Than Fair 

Value and Postponement of Final Determination, 76 FR 6929, 69132 (November 3, 2011), unchanged in Certain 

Steel Nails from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 77 FR 17029 

(March 23, 2012). 

67 See Fresh Cut Flowers from Mexico: Final Results of Antidumping Duty Administrative Review, 61 FR 6812, 

6814 (February 22, 1996) (where the Department disregarded the highest dumping margin as best information 

available because the margin was based on another company’s uncharacteristic business expense resulting in an 

unusually high margin). 

68 See Initiation Checklist at 6-9. 

69 See, e.g., Ferro Union, Inc. v. United States, 44 F. Supp. 2d 1310, 1334-35 (CIT 1999). 
14

to be reliable in the pre-initiation stage of this investigation and preliminarily determining it to be 

relevant to the uncooperative respondents in this investigation, we have corroborated the AFA 

rate of 110.25 percent “to the extent practicable” as provided in section 776(c) of the Act. 

Therefore, as AFA, we have applied the petition rate of 110.25 percent to the PRC-wide entity, 

which includes Angang, Beitai, Benxi, Baotou, Qingdao, Tangshan, Yonggang, and the other 

companies listed in “The PRC-wide Entity” section above. 

Margin for the Separate Rate Companies 

Normally, the Department’s practice is to assign to separate rate companies that were not 

individually examined a rate equal to the average of the rates calculated for the individually 

examined respondents, excluding any rates that are zero, de minimis, or based entirely on AFA, 

in accordance with section 735(c)(5)(A) of the Act.70 The statute further provides that, where all 

margins are zero rates, de minimis rates, or rates based entirely on facts available, the 

Department may use “any reasonable method” for assigning the rate to non-selected 

respondents.71 In this case, neither of the mandatory respondents are receiving a separate rate for 

this preliminary determination, i.e., they are receiving a rate based on AFA as part of the PRCwide entity. Therefore, pursuant to sections 735(c)(5)(A) and (B) of the Act, we determined the 

rate for the separate rate companies using a reasonable method that is consistent with our 

practice. Accordingly, we assigned Hunan Valin, Rizhao, and Shagang a rate of 106.19 percent, 

which is equal to the simple average of the petition rates.72

Combination Rates 

In the Initiation Notice, the Department stated that it would calculate combination rates for 

respondents that are eligible for a separate rate in this investigation.73 This practice is described 

in Policy Bulletin 05.1.74

CRITICAL CIRCUMSTANCES 

In their June 4, 2014, allegation, the petitioners argue that the Department should find that 

critical circumstances exist with respect to imports covered by the scope of the investigation 

based on the criteria in section 733(e) of the Act. The petitioners contend that the Department 

may rely on the margins alleged in the petition, and stated in the Initiation Notice, to determine 

                                                            

70 See, e.g., Preliminary Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of 

Critical Circumstances: Certain Polyester Staple Fiber from the People’s Republic of China, 71 FR 77373, 77377 

(December 26, 2006), unchanged in Final Determination of Sales at Less Than Fair Value and Partial Affirmative 

Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People’s Republic of China, 72 

FR 19690 (April 19, 2007). 

71 See section 735(c)(5)(B) of the Act. 

72 See Galvanized Steel Wire From the People’s Republic of China: Final Determination of Sales at Less Than Fair 

Value, 77 FR 17430, 17432 (March 26, 2012), and accompanying Issues and Decision Memorandum at Comment 7. 

See also Memorandum to the File entitled “Calculation of Preliminary Margin for Separate Rate Companies,” dated 

concurrently with this decision memorandum. 

73 See Initiation Notice, 78 FR at 73836. 

74 See Enforcement and Compliance Policy Bulletin No. 05.1 “Separate Rates Practice and Application of 

Combination Rates in Antidumping Investigations Involving Non-Market Economy Countries, (April 5, 2005) 

(Policy Bulletin 05.1), available on the Department’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 
15

whether importers knew or should have known that exporters were selling the subject 

merchandise at LTFV.75 The petitioners argue that because these estimated margins range from 

99.32 to 110.25 percent,76 the magnitude of margins is sufficient to impute importer knowledge 

of dumping of the subject merchandise.77 

The petitioners also contend that, based on the preliminary determination of injury by the ITC, 

there is a reasonable basis to impute importer knowledge that there is material injury by reason 

of dumped imports.78 Finally, as part of their allegation and pursuant to 19 CFR 351.206(h)(2), 

the petitioners submitted import statistics for the products covered by the scope of this 

investigation for the period between November 2013 and January 2014, as well as for February 

through April 2014, as evidence of massive imports of steel wire rod from the PRC during a 

relatively short period.79 

Analysis

Section 733(e)(1) of the Act provides that the Department will preliminarily determine that 

critical circumstances exist in an LTFV investigation if there is a reasonable basis to believe or 

suspect that: (A) there is a history of dumping and material injury by reason of dumped imports 

in the United States or elsewhere of the subject merchandise, or the person by whom, or for 

whose account, the merchandise was imported knew or should have known that the exporter was 

selling the subject merchandise at less than its fair value and that there was likely to be material 

injury by reason of such sales, and (B) there have been massive imports of the subject 

merchandise over a relatively short period. For the reasons explained below, we are preliminarily 

determining that critical circumstances do not exist for the separate rate companies but that they 

do exist for the PRC-wide entity.  We considered each of the statutory criteria for finding critical 

circumstances below. 

A History of Dumping and Material Injury Section 733(e)(1)(A)(i) of the Act:

In determining whether there is a history of dumping pursuant to section 733(e)(1)(A)(i) of the 

Act, the Department generally considers current or previous AD duty orders on subject 

merchandise from the country in question in the United States and current orders in any other 

country with regard to imports of subject merchandise.80 There are no current or previous orders 

                                                            

75 See Letter from Petitioners to the Department entitled, “Carbon and Certain Steel Wire Rod from the People’s 

Republic of China-Critical Circumstances Allegations,” June 4, 2014 (Petitioners’ Critical Circumstances 

Allegation) at 4. 

76 See Initiation Notice, 79 FR at 11080. 

77 See Petitioners’ Critical Circumstances Allegation at 3-5. 

78 Id., at 4-5. 

79 Id., at 10-11, and Attachment 1. 

80 See, e.g., Certain Oil Country Tubular Goods From the People’s Republic of China: Notice of Preliminary 

Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances 

and Postponement of Final Determination, 74 FR 59117, 59120 (November 17, 2009) unchanged in Certain Oil 

Country Tubular Goods from the People’s Republic of China: Final Determination of Sales at Less Than Fair 

Value, Affirmative Final Determination of Critical Circumstances and Final Determination of Targeted Dumping, 

75 FR 20335 (April 19, 2010). 
16

on the subject merchandise from the PRC in the United States.81 The Department is aware of the 

existence of an active AD order on steel wire rod from the PRC in one other country which 

covers some of the products within the scope of the investigation.82 As a result, the Department 

finds that there is a history of injurious dumping of steel wire rod from the PRC, pursuant to 

section 733(e)(1)(A)(i) of the Act. 

Knowledge that Exporters Were Dumping Section 733(e)(1)(A)(ii) of the Act:

Alternatively, under section 733(e)(1)(A)(ii) of the Act, the Department normally considers 

margins of 25 percent or more for export price sales and 15 percent or more for constructed 

export price sales sufficient to impute importer knowledge of sales at LTFV.83 Because the 

PRC-wide entity (which includes the mandatory respondents and the non-individually 

investigated companies which we preliminarily determined do not qualify for a separate rate) 

failed to cooperate in this investigation, we are preliminarily assigning, as AFA, a margin of 

110.25 percent.84 With respect to the non-individually investigated companies that we 

preliminarily determine qualify for a separate rate, we have preliminarily assigned them a rate of 

106.19 percent.85 Because the preliminary dumping margins exceed the threshold sufficient to 

impute knowledge of dumping, these margins provide a sufficient basis for imputing knowledge 

to the importers of sales of subject merchandise at LTFV. 

Finally, because the ITC preliminarily found a reasonable indication that an industry in the 

United States is materially injured by imports from the PRC of steel wire rod, the Department 

determines that importers knew, or should have known, that there was likely to be material injury 

by reason of sales of steel wire rod at LTFV by the non-individually investigated companies that 

qualify for a separate rate and the PRC-wide entity.86

                                                            

81 The domestic industry did file an antidumping duty case against steel wire rod from the PRC in 2005, but the 

International Trade Commission reached a preliminary negative determination. See Carbon and Certain Alloy Steel 

Wire Rod from China, Germany, and Turkey, Inv. Nos. 731-TA-1099-1101 (Preliminary), USITC Pub. 3456 (Jan. 

2006); Carbon and Certain Steel Wire Rod from China, Germany, and Turkey, 71 FR 132 (January 3, 2006). 

82 Specifically, Malaysia has an AD measure (order) in place on steel wire rod from China, the scope of which 

covers some of the products covered by the scope of this investigation. (The HTS numbers involved in the 

Malaysian case are 7213.10, 7213.20, 7213.91 and 7213.99). This AD measure (order) was imposed on February 

20, 2013, and to the Department’s knowledge, was still in force as of August 29, 2014. See Memorandum to The 

File entitled “Information Pertaining to History of Dumping and Massive Imports Analysis,” dated concurrently 

with this memorandum (Critical Circumstances Memorandum). 

83 See, e.g., Carbon and Alloy Steel Wire Rod From Germany, Mexico, Moldova, Trinidad and Tobago, and 

Ukraine: Preliminary Determination of Critical Circumstances, 67 FR 6224, 6225 (February 11, 2002), unchanged 

in Notice of Final Determination of Sales at Less Than Fair Value: Carbon and Certain Alloy Steel Wire Rod from 

Moldova, 67 FR 55790 (August 30, 2002); Affirmative Preliminary Determination of Critical Circumstances: 

Magnesium Metal from the People’s Republic of China, 70 FR 5606, 5607 (February 3, 2005), unchanged in Final 

Determination of Sales at Less Than Fair Value and Affirmative Critical Circumstances: Magnesium Metal From 

the People’s Republic of China, 70 FR 9037 (February 24, 2005). 

84 For further information, see “The PRC-Wide Entity” and “Application of Facts Available and Adverse 

Inferences” sections above. 

85 See “Separate Rates” and “Margin for the Separate Rate Companies” sections above. 86 See ITC Preliminary Determination, 79 FR 16373. 
17

Massive Imports Over a Relatively Short Period Section 733(e)(1)(B) of the Act:

The Department’s regulations at 19 CFR 351.206(h)(1) provide that, in determining whether 

imports of the subject merchandise were “massive,” the Department normally will examine: (i) 

The volume and value of the imports; (ii) seasonal trends; and (iii) the share of domestic 

consumption accounted for by the imports. In addition, 19 CFR 351.206(h)(2) provides that, 

“{i}n general, unless the imports during the ‘relatively short period’...have increased by at least 

15 percent over the imports during an immediately preceding period of comparable duration, the 

Secretary will not consider the imports massive.” The regulation defines “relatively short 

period” generally as the period starting on the date the proceeding begins (i.e., the date the 

petition is filed) and ending at least three months later (i.e., the comparison period). 19 CFR 

351.206(i). These regulations further provide that, if the Department “finds that importers, or 

exporters or producers, had reason to believe, at some time prior to the beginning of the 

proceeding, that a proceeding was likely,” then the Department may consider a period of not less 

than three months from that earlier time. The comparison period is normally compared to a 

corresponding period prior to the filing of the petition (i.e., the base period). 

The petitioners included in their submission U.S. import data compiled by the Department for the 

period November 2013 through April 2014.87 Based on these data, the petitioners calculated the 

monthly average imports for the base period (i.e., imports for November 2013 through January 

2014) and for the comparison period (i.e., imports for February through April 2014), and claimed 

that imports of steel wire rod from the PRC increased by over 24.5 percent by volume during the 

three-month comparison period as compared to the three-month base period. Thus, the 

petitioners concluded that there were massive imports during a relatively short period.88 

It is the Department’s practice to base the critical circumstances analysis on all available data, 

using base and comparison periods of no less than three months.89 Based on this practice, we 

chose to examine the base period October 2013 through January 2014, and the corresponding 

comparison period February 2014 through June 2014, in order to determine whether imports of 

subject merchandise were massive. These base and comparison periods satisfy the Department’s 

practice that the comparison period is at least three months. 

For the non-individually investigated separate rate companies, we relied upon Global Trade 

Atlas (GTA) import statistics specific to steel wire rod to determine if imports in the postpetition period for the subject merchandise were massive.90 These GTA data show that there was 

no increase in imports of more than 15 percent during a “relatively short period” of time, in 

                                                            

87 See Petitioners’ Critical Circumstances Allegation at 10 at Attachment 1. 

88 Id. 

89 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final 

Determination, and Affirmative Preliminary Determination of Critical Circumstances: Certain Frozen and Canned 

Warmwater Shrimp from India, 69 FR 47111, 47118-47119 (August 4, 2004), unchanged in Notice of Final 

Determination of Sales at Less Than Fair Value and Negative Determination of Critical Circumstances: Certain 

Frozen and Canned Warmwater Shrimp From India, 69 FR 76916 (December 23, 2004); and Notice of Final 

Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: 

Certain Color Television Receivers From the People’s Republic of China, 69 FR 20594 (April 16, 2004), and 

accompanying Issues and Decision Memorandum at Comment 3. 

90 See Critical Circumstances Memorandum. 
18

accordance with 19 CFR 351.206(h) and (i). Therefore, we preliminarily do not find there to be 

massive imports for the non-individually investigated separate rate entities, pursuant to section 

733(e)(1)(B) of the Act and 19 CFR 351.206(c)(2)(i). 

Because, as explained above, the PRC-wide entity has been unresponsive, as AFA, we 

preliminarily find there to be massive imports for the PRC-wide entity, pursuant to section 

733(e)(1)(B) of the Act and 19 CFR 351.206(c)(2)(i). 

As a result, although we find that there is a history of dumping and material injury in other 

countries and that the margins alleged in the petition provide a sufficient basis for imputing 

knowledge to the importers of sales of subject merchandise at LTFV, because there are no 

massive imports for the non-individually investigated separate rate companies, we find that 

critical circumstances do not exist with respect to these companies. In addition, because we find 

that there is a history of dumping and material injury in other countries and elsewhere, that the 

margins alleged in the petition provide a sufficient basis for imputing knowledge to the importers 

of sales of subject merchandise at LTFV, and that there are massive imports for the PRC-wide 

entity, we find that critical circumstances exist with respect to the PRC-wide entity. 

VERIFICATION 

Section 782(i)(1) of the Act directs the Department to verify all information relied upon in 

making a final determination in an investigation. However, because we are preliminarily finding 

the mandatory respondents in this investigation to be part of the PRC-wide entity and we have 

preliminarily determined to apply AFA to the PRC-wide entity, the Department does not intend 

to conduct verification of any portion of the PRC-wide entity, in accordance with our standard 

practice.91 

SECTION 777A(f) OF THE ACT 

In applying section 777A(f) of the Act, the Department has examined (1) whether a 

countervailable subsidy (other than an export subsidy) has been provided with respect to a class 

or kind of merchandise, (2) whether such countervailable subsidy has been demonstrated to have 

reduced the average price of imports of the class or kind of merchandise during the relevant 

period, and (3) whether the Department can reasonably estimate the extent to which that 

countervailable subsidy, in combination with the use of NV determined pursuant to section 

773(c) of the Act, has increased the weighted average dumping margin for the class or kind of 

merchandise.92 For a subsidy meeting these criteria, the statute requires the Department to 

reduce the AD by the estimated amount of the increase in the weighted average dumping margin 

                                                            

91 See, e.g., Galvanized Steel Wire From the People’s Republic of China: Final Determination of Sales at Less Than 

Fair Value, 77 FR 17430 (March 26, 2012), and accompanying Issues and Decision Memorandum, at Comment 1.C. 

(“...a prerequisite to verification in an investigation is that a selected mandatory respondent submit a substantially 

complete questionnaire response. If the respondent does not provide the complete questionnaire response, and the 

rate is based on facts available, it is clear that verification of some portion of the information required (on which the 

Department cannot rely) is meaningless. The Department is not required to verify the portion of the information a 

respondent may self-select for verification. Doing so would allow for the PRC-wide entity to potentially manipulate 

AD results by selectively providing data on the record and dictating what data can be verified.”) 

92 See section 777A(f)(1)(A)-(C) of the Act. 
subject to a specified cap.

93 In conducting this analysis, the Department has not concluded that 

concurrent application ofNME ADs and CVDs necessarily and automatically results in 

overlapping remedies. Rather, a finding that there is an overlap in remedies, and any resulting 

adjustment, is based on a case-by-case analysis of the totality of facts on the administrative 

record for that segment of the proceeding as required by the statute. 

The Department's practice is to calculate an adjustment under section 777(A)(t) of the Act based 

on the information provided by the mandatory respondents. In this case, the Department has no 

information upon which to make an adjustment because the mandatory respondents did not 

respond to the Department's request for information. Therefore, the Department is preliminarily 

not making any adjustment pursuant to section 777(A)(t) of the Act to the AD cash deposit rates 

found in this investigation. 

lTC NOTIFICATION 

In accordance with section 733(t) of the Act, we have notified the ITC of our preliminary 

affirmative determination of sales at LTFV. Section 735(b)(2) ofthe Act requires the ITC to 

make its final determination as to whether the domestic industry in the United States is 

materially injured, or threatened with material injury, by reason of imports of steel wire rod, or 

sales (or the likelihood of sales) for importation, of the merchandise under consideration within 

45 days of our final determination. 

We intend to make our final determination no later than 75 days after the date of publication of 

this preliminary determination, pursuant to section 735(a)(l) of the Act. 

CONCLUSION 

We recommend applying the above methodology for this preliminary determination. 

Agree 

Paul Piquado 

Assistant Secretary 

Disagree 

for Enforcement and Compliance 

Date 

93 See section 777A(f)(l}-(2) of the Act. 

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