[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68860-68862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27412]



[[Page 68860]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-012]


Carbon and Certain Alloy Steel Wire Rod From the People's 
Republic of China: Final Determination of Sales at Less Than Fair Value 
and Final Affirmative Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: November 19, 2014.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of carbon and certain alloy steel wire rod (steel wire rod) 
from the People's Republic of China (PRC) are being, or likely to be, 
sold in the United States at less than fair value (LTFV), as provided 
in section 735 of the Tariff Act of 1930, as amended (the Act). The 
period of investigation is July 1, 2013, through December 31, 2013. The 
final weighted-average dumping margins for this investigation are 
listed in the ``Final Determination Margins'' section below.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Brandon Custard, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1766 or (202) 482-1823.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the preliminary determination in the LTFV 
investigation of steel wire rod from the PRC on September 8, 2014.\1\ 
The following events occurred since the Preliminary Determination was 
issued.
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    \1\ See Carbon and Certain Alloy Steel Wire Rod from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value and Preliminary Determination of Critical 
Circumstances, in Part, 79 FR 53169 (September 8, 2014) (Preliminary 
Determination).
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    We invited parties to comment on the Preliminary Determination. No 
interested party submitted comments.\2\ Therefore, the final 
determination does not differ from the Preliminary Determination, 
except as noted in the ``Continuation of the Suspension of 
Liquidation'' section, below.
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    \2\ On October 8, 2014, the petitioners filed a letter 
indicating that they did not request a hearing, but would 
participate in a hearing if requested by any of the respondents in 
this investigation. Given that none of the respondents requested a 
hearing, no hearing was held.
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Scope of the Investigation

    The product covered by the scope of 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 the investigation is dispositive.

Final Determination Margins

    The Department determines that the following weighted-average 
dumping margins exist for the period July 31, 2013, through December 
31, 2013.
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    \3\ For the reasons explained in the Preliminary Determination, 
the Department finds it appropriate to consider Bei Tai Iron and 
Steel Group Imp. and Exp. (Dalian) Co., Ltd. a part of Benxi Beiying 
Iron and Steel Group Imp. and Exp. Corp. Ltd. See Preliminary 
Determination, and accompanying Preliminary Decision Memorandum at 
9.
    \4\ For the reasons explained in the Preliminary Determination, 
the Department did not find these companies eligible for a separate 
rate. See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 8-11.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
            Exporter                     Producer             dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Rizhao Steel Wire Co., Ltd.....  Rizhao Steel Wire Co.,           106.19
                                  Ltd.
Hunan Valin Xiangtan Iron &      Hunan Valin Xiangtan             106.19
 Steel Co., Ltd.                  Iron & Steel Co., Ltd.
Jiangsu Shagang International    Zhangjiagang Shajing             106.19
 Trade Co., Ltd.                  Steel Co. Ltd.
Jiangsu Shagang International    Zhangjiagang Runzhong            106.19
 Trade Co., Ltd.                  Steel Co., Ltd.
Jiangsu Shagang International    Zhangjiagang Hongxing            106.19
 Trade Co., Ltd.                  Gaoxian Co., Ltd.
Jiangsu Shagang International    Zhangjiagang Rongsheng           106.19
 Trade Co., Ltd.                  Steel-Making Co., Ltd.
Jiangsu Shagang International    Jiangsu Runzhong High-           106.19
 Trade Co., Ltd.                  Tech Co., Ltd.
Jiangsu Shagang International    Zhangjiagang Hongchang           106.19
 Trade Co., Ltd.                  Gaoxian Co., Ltd.
PRC-wide Entity*...............  .......................          110.25
------------------------------------------------------------------------
* The PRC-wide entity includes, among other companies, Benxi Beiying
  Iron and Steel Group Imp. and Exp. Corp. Ltd.,\3\ Tangshan Iron and
  Steel Group Co. Ltd., Angang Group International Trade Corporation,
  Qingdao Iron and Steel Co., Ltd., Jiangsu Yonggang Group Co. Ltd., and
  Baotou Steel International Economic & Trading Co., Ltd.\4\


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Critical Circumstances

    In the Preliminary Determination,\5\ we found that critical 
circumstances did not exist for entries of subject merchandise from the 
companies to which we granted a separate rate.\6\ In accordance with 
sections 776(a) and (b) of the Act, we applied facts available with an 
adverse inference to determine that critical circumstances existed with 
respect to entries of subject merchandise from the PRC-wide entity. No 
parties commented on, and we made no changes to, our preliminary 
critical circumstances analysis,\7\ for purposes of the final 
determination. Therefore, pursuant to section 735(a)(3) of the Act, we 
continue to find that critical circumstances do not exist for the 
separate rate companies, but do exist for the PRC-wide entity.
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    \5\ See Preliminary Determination, 79 FR at 53170.
    \6\ Rizhao Steel Wire Co., Ltd., Hunan Valin Xiangtan Iron & 
Steel Co., Ltd., and Jiangsu Shagang International Trade Co., Ltd. 
(collectively, the separate rate companies).
    \7\ See Preliminary Determination, 79 FR at 53170.
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Continuation of Suspension of Liquidation

    As noted above, for this final determination, the Department found 
that critical circumstances exist with respect to imports of the 
subject merchandise from the PRC-wide entity. Therefore, in accordance 
with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend liquidation of all 
imports of the merchandise subject to the investigation from the PRC-
wide entity, that were entered or withdrawn from warehouse, for 
consumption on or after June 10, 2014, 90 days prior to publication of 
the Preliminary Determination in the Federal Register, and require a 
cash deposit for such entries as noted below.
    Because we did not find that critical circumstances exist with 
respect to the separate rate companies, in accordance with section 
735(c)(1)(B) of the Act, the Department will instruct CBP to continue 
to suspend liquidation of all entries of the subject merchandise from 
these companies which were entered, or withdrawn from warehouse, for 
consumption on or after September 8, 2014, the date of publication of 
the Preliminary Determination in the Federal Register.
    Furthermore, consistent with our practice, where the product under 
investigation is also subject to a concurrent countervailing duty (CVD) 
investigation, we will instruct CBP to require a cash deposit equal to 
the amount by which the normal value exceeds the export price or 
constructed export price, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through.\8\ In the final 
determination of the companion CVD investigation on steel wire rod from 
the PRC, the Department determined that the mandatory respondents and 
all other companies benefited from export subsidies.\9\ Thus, we will 
offset the estimated weighted-average dumping margin for the PRC-wide 
entity of 110.25 percent, and for the separate rate companies of 106.19 
percent, by the CVD rate attributable to export subsidies (i.e., 13.01 
percent \10\) to calculate the cash deposit rate for the PRC-wide 
entity of 97.24 percent, and for the separate rate companies of 93.18 
percent.\11\ Consistent with our Preliminary Determination, we are not 
adjusting the final determination rates for estimated domestic subsidy 
pass through because we have no basis upon which to make such an 
adjustment.\12\
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    \8\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department makes 
an adjustment for export subsidies in an LTFV investigation not in 
the calculation of the weighted-average dumping margin, but in the 
cash deposit instructions issued to CBP. See Notice of Final 
Determination of Sales at Less Than Fair Value, and Negative 
Determination of Critical Circumstances: Certain Lined Paper 
Products from India, 71 FR 45012 (August 8, 2006), and accompanying 
Issues and Decision Memorandum at Comment 1.
    \9\ See Carbon and Alloy Steel Wire Rod from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination and Final Affirmative Critical Circumstances 
Determination, and accompanying Issues and Decision Memorandum at 9-
10 and Attachment entitled ``Description of Programs,'' signed 
concurrently with this notice.
    \10\ The following subsidy programs countervailed for all 
companies in the final determination of the concurrent CVD 
investigation are export subsidies: Development of Famous Brands and 
China World Top Brands Programs (0.55 percent), Sub-Central 
Government Subsidies for Development of Famous Brands and China 
World Top Brands (0.55 percent), Funds for Outward Expansion of 
Industries in Guangdong Province (0.55 percent), State Specific Fund 
for Promoting Key Industries and Innovation Technologies (0.55 
percent), Grants for Antidumping Investigations (0.55 percent), 
Technology to Improve Trade Research and Development (R&D) Fund 
(0.55 percent), Income Tax Reductions for Export-Oriented Foreign 
Invested Enterprises (FIEs) (0.00 percent), and Tax Refunds for 
Reinvestment of FIE Profits in Export-Oriented Enterprises (9.71 
percent). See Carbon and Alloy Steel Wire Rod from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination and Final Affirmative Critical Circumstances 
Determination, and the accompanying Issues and Decision Memorandum 
at 9-10 and Attachment entitled ``Description of Programs,'' signed 
concurrently with this notice.
    \11\ We did not make any adjustment for export subsidies in the 
Preliminary Determination. See Preliminary Determination, 79 FR at 
53171.
    \12\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 18.
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    The Department will instruct CBP to require a cash deposit \13\ 
equal to the weighted-average amount by which the normal value exceeds 
U.S. price, with the above-noted adjustments, as follows: (1) The rate 
for the exporter/producer combinations listed in the chart above will 
be the rate we have determined in this final determination; (2) for all 
PRC exporters of subject merchandise which have not received their own 
rate, the cash-deposit rate will be the rate established for the PRC-
wide entity; and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash-deposit rate will be 
the rate applicable to the PRC exporter/producer combination that 
supplied that non-PRC exporter. These suspension of liquidation and 
cash deposit instructions will remain in effect until further notice.
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    \13\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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ITC Notification

    In accordance with section 735(d) of the Act, we notified the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of subject merchandise, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that such injury does not exist, this proceeding 
will be terminated and all estimated duties deposited as a result of 
the suspension of liquidation will be refunded. If the ITC determines 
that such injury does exist, the Department will issue an antidumping 
duty order directing CBP to assess, upon further instruction by the 
Department, 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.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of

[[Page 68862]]

APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: November 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-27412 Filed 11-18-14; 8:45 am]
BILLING CODE 3510-DS-P