[Federal Register: December 8, 2003 (Volume 68, Number 235)]
[Notices]
[Page 68352-68353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de03-32]
[[Page 68352]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-828]
Notice of Final Determination of Sales at Less Than Fair Value:
Prestressed Concrete Steel Wire Strand from India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 8, 2003.
SUMMARY: We determine that prestressed concrete steel wire strand (PC
strand) from India is being sold, or is 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 estimated
margins of sales at LTFV are shown in the Continuation of Suspension of
Investigation section of this notice.
FOR FURTHER INFORMATION CONTACT: Tisha Loeper-Viti or Martin Claessens
at (202) 482-7425 and (202) 482-5451, respectively; Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Case History
The preliminary determination in this investigation was published
on July 17, 2003. See Notice of Preliminary Determination of Sales at
Less Than Fair Value: Prestressed Concrete Steel Wire Strand from
India, 68 FR 42389 (July 17, 2003) (Preliminary Determination). Since
the publication of the Preliminary Determination, the following events
have occurred:
On July 31, 2003, Tata Iron and Steel Co. Ltd. (TISCO), the sole
respondent in this investigation, requested that the Department of
Commerce (the Department) postpone its final determination and fully
extend the provisional measures by 60 days. On August 18, 2003, the
Department published in the Federal Register the postponement of the
final determination for PC strand from India. See Notice of
Postponement of Final Antidumping Duty Determinations and Extension of
Provisional Measures: Prestressed Concrete Steel Wire Strand From
Brazil, India, and the Republic of Korea, 68 FR 49436 (August 18,
2003).
Scope of Investigation
For purposes of this investigation, PC strand is steel strand
produced from wire of non-stainless, non-galvanized steel, which is
suitable for use in prestressed concrete (both pretensioned and post-
tensioned) applications. The product definition encompasses covered and
uncovered strand and all types, grades, and diameters of PC strand. The
merchandise under 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 merchandise under investigation is dispositive.
Period of Investigation
The period of investigation is January 1, 2002, through December
31, 2002.
Facts Available
In the preliminary determination, we based the dumping margin for
the mandatory respondent, TISCO, on adverse facts available pursuant to
sections 776(a) and 776(b) of the Act. The use of adverse facts
available was warranted in this investigation because TISCO failed to
provide the detailed cost information requested by the Department. See
Preliminary Determination, 68 FR at 42390. The failure of the
respondent to supply the requested information significantly impedes
this proceeding because the Department cannot accurately determine a
margin for this party. Furthermore, the respondent did not give an
explanation for its failure to supply such information, nor propose
alternatives. Therefore, we found that TISCO failed to cooperate by not
acting to the best of its ability. We assigned TISCO the highest margin
stated in the notice of initiation. See Notice of Initiation of
Antidumping Duty Investigations: Prestressed Concrete Steel Wire Strand
From Brazil, India, the Republic of Korea, Mexico, and Thailand, 68 FR
9050 (February 27, 2003). We corroborated this margin in the
preliminary determination and we continue to find this margin
corroborated, pursuant to section 776(c) of the Act. See Memorandum
regarding Corroboration of Data Contained in the Petition for Assigning
Facts Available Rates, dated July 10, 2003. A complete explanation of
both the selection and application of facts available can be found in
the Preliminary Determination. See Preliminary Determination, 68 FR at
42390-91. Nothing has changed since the preliminary determination was
issued that would affect the Department's selection and application of
facts available.
No interested parties have commented since the publication of the
preliminary determination on the use of adverse facts available in this
investigation, or on the choice of the facts available margin.
Accordingly, for the final determination, we are continuing to use the
highest margin stated in the notice of initiation for TISCO. The ``All
Others'' rate remains unchanged as well.
Analysis of Comments Received
We received no comments from interested parties in response to our
preliminary determination in this investigation. We did not hold a
hearing because none was requested.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing the U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of PC strand exported from India
that are entered, or withdrawn from warehouse, for consumption on or
after the date of the Preliminary Determination. The CBP shall continue
to require a cash deposit or the posting of a bond based on the
estimated dumping margins shown below.
It is generally the Department's practice to decrease the required
antidumping duty cash deposit rate by any export subsidies found in a
companion countervailing duty investigation based on the presumption
that if a respondent benefitted from an export subsidy program, such a
subsidy contributed to the lower-priced sales of subject merchandise.
This is done to avoid double-application of duties to counteract the
same situation. However, in this investigation, TISCO has not
cooperated with the Department and has not acted to the best of its
ability in providing the Department with necessary information. This
has prevented the Department from making its normal determination of
whether the subsidies in question may have affected the calculation of
the dumping margin. As indicated above, TISCO's margin is based on
total adverse facts available, taken from the petition. Insofar as the
dumping margin for TISCO is not a calculated margin, there is no way to
determine the portion of the dumping margin which is attributable to
export subsidies. For that reason, unlike in the preliminary
determination, we have not subtracted the amount of any export subsidy
from that margin. The suspension of liquidation instructions will
remain in effect until further notice.
We determine that the following dumping margins exist:
[[Page 68353]]
------------------------------------------------------------------------
Margin
Manufacturer/exporter [chyph](percent)
------------------------------------------------------------------------
Tata Iron and Steel Co. Ltd. (TISCO).................. 102.07
All Others............................................ 83.65
------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. The ITC will
determine, within 45 days, whether imports of subject merchandise from
India are causing material injury, or threaten material injury, to an
industry in the United States. If the ITC determines that material
injury or threat of injury does not exist, this 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 officials 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.
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely notification of return/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 is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: December 1, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-30385 Filed 12-5-03; 8:45 am]
BILLING CODE 3510-DS-S