[Federal Register: December 8, 2003 (Volume 68, Number 235)]
[Notices]
[Page 68348-68350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de03-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-820]
Notice of Final Determination of Sales at Less Than Fair Value
and Negative Final Determination of Critical Circumstances: Prestressed
Concrete Steel Wire Strand from Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final determination of sales at less than fair value
and negative final determination of critical circumstances.
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EFFECTIVE DATE: December 8, 2003.
FOR FURTHER INFORMATION CONTACT: Carol Henninger or Constance Handley,
at (202) 482-3003 or (202) 482-0631, respectively; Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Final Determination
We determine that prestressed concrete steel wire strand (PC
strand) from Thailand 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 Suspension of Liquidation
section of this notice. In addition, we determine that critical
circumstances do not exist with respect to PC strand produced and
exported by the respondent in this investigation as well as all other
producers/exporters.
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, Postponement of Final Determination, and Negative
Preliminary Determination of Critical Circumstances: Prestressed
Concrete Steel Wire Strand from Thailand, 68 FR 42373 (July 17, 2003)
(Preliminary Determination). Since the publication of the preliminary
determination, the following events have occurred:
On July 25, 2003, the Department of Commerce (the Department)
received a request from the respondent in this investigation, Siam
Industrial Wire Co., Ltd. and Cementhai SCT USA (collectively, SIW),
proposing a suspension agreement in accordance with the Department's
regulations at 19 CFR 351.208. On several occasions, the Department
discussed the proposed suspension agreement with counsel to SIW, who
subsequently concluded that a suspension agreement would not be
pursued. See Memorandum from Gary Taverman, Director, Office 5, to the
File, Re: PC Strand from Thailand - Proposed Suspension Agreement
(November 24, 2003).
In September 2003, the Department verified the questionnaire
responses submitted by SIW. The sales and cost verification reports
were issued in October 2003. On October 23, 2003, we received case
briefs from the petitioners\1\ and SIW. On October 28, 2003, we
received a rebuttal brief from SIW. A public hearing was held on
November 3, 2003.
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\1\ The petitioners in this investigation are American Spring
Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products
Corp.
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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
[[Page 68349]]
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 (POI) is January 1, 2002, through
December 31, 2002. This period corresponds to the four most recent
fiscal quarters prior to the month of the filing of the petition (i.e.,
January 2003) involving imports from a market economy, and is in
accordance with the Department's regulations. See 19 CFR 351.204(b)(1).
Critical Circumstances
Section 735(a)(3) of the Act provides that the Department will
determine that critical circumstances exist if there is a reasonable
basis to believe or suspect that: (A)(i) 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 (ii) 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 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.
In the preliminary determination of this investigation, the
Department found that critical circumstances did not exist because
there was no reasonable basis to impute knowledge of dumping with
respect to imports of PC strand from Thailand, nor was there a history
of dumping of PC strand from Thailand. See Preliminary Determination at
42377; see also, Antidumping Duty Investigation of Prestressed Concrete
Steel Wire Strand from Thailand Preliminary Negative Determination of
Critical Circumstances Memorandum from Salim Bhabhrawala and Carol
Henninger to Gary Taverman, July 10, 2003, on file in the CRU. The
Department normally considers margins of 25 percent or more for export
price (EP) sales and 15 percent or more for constructed export price
(CEP) sales sufficient to impute knowledge of dumping. See e.g.,
Preliminary Determination of Sales at Less Than Fair Value: Certain
Cut-to-Length Carbon Steel Plate From the People's Republic of China,
62 FR 31972, 31978 (June 11, 1997). Because the final dumping margin
for the respondent is less than 15 percent, we continue to find there
is no reasonable basis to impute knowledge of dumping with respect to
these imports from Thailand. As noted in the preliminary determination,
it is the Department's practice to conduct its critical circumstances
analysis of companies in the ``All Others'' category based on the
experience of the investigated company. Because there is no history of
dumping of PC strand from Thailand and the final dumping margin for SIW
is less than 15 percent, we are determining that critical circumstances
do not exist for SIW, as well as all other producers/exporters covered
by the ``All Others'' rate. Accordingly, we find that critical
circumstances do not exist for imports of PC strand from Thailand.
Verification
As provided in section 782(i) of the Act, we conducted verification
of the cost and sales information submitted by SIW. We used standard
verification procedures including examination of relevant accounting
and production records, and original source documents provided by the
respondent.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties to this proceeding are listed in the appendix to this notice
and addressed in the Memorandum from Holly A. Kuga, Acting Deputy
Assistant Secretary, to James J. Jochum, Assistant Secretary for Import
Administration, RE: Issues and Decision Memorandum for the Final
Determination of the Investigation of Prestressed Concrete Steel Wire
Strand from Thailand (Decision Memorandum), dated December 1, 2003, and
are hereby adopted by this notice. The Decision Memorandum is on file
in room B-099 of the main Department building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the
World Wide Web at http://www.ita.doc.gov/import_admin/ records/frn. The paper
and electronic versions of the Decision Memorandum are identical in
content.
Changes Since The Preliminary Determination
Based on our findings at verification, and analysis of comments
received, we have made adjustments to the preliminary determination
calculation methodologies in calculating the final dumping margins in
this proceeding. These adjustments are discussed in the Decision
Memorandum for this investigation.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Patrol (CBP) to continue to suspend
liquidation of all entries of PC strand exported from Thailand, that
are entered, or withdrawn from warehouse, for consumption on or after
the date of publication of the preliminary determination. CBP shall
continue to require a cash deposit or the posting of a bond based on
the estimated weighted-average dumping margins shown below. The
suspension of liquidation instructions will remain in effect until
further notice.
We determine that the following weighted-average dumping margins
exist for Thailand:
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Margin
Manufacturer/exporter [chyph](percent)
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Siam Industrial Wire Co., Ltd......................... 12.99
All Others............................................ 12.99
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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
Canada 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 material 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 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
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested.
[[Page 68350]]
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.
APPENDIX
Issues Covered in Decision Memorandum
Comment 1: Allocation of Conversion Costs
Comment 2: Treatment of SIW's Home Market Back-to-Back Sales
Comment 3: Whether to Allow a Constructed Export Price Offset
Comment 4: Corrections to SIW's U.S. sales
Comment 5: Corrections to SIW's Home Market Sales
Comment 6: Corrections to Errors Contained in the Preliminary Margin
Calculation Program
[FR Doc. 03-30383 Filed 12-5-03; 8:45 am]
BILLING CODE 3510-DS-S