80 FR 13827 - Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Finding/Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 51 (March 17, 2015)
International Trade Administration
Federal Register Volume 80, Issue 51 (March 17, 2015)
| Page Range | 13827-13828 | |
| FR Document | 2015-05815 |
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)] [Notices] [Pages 13827-13828] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05815] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-837, A-533-828, A-588-068, A-580-852, A-201-831, A-549-820] Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Finding/Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the antidumping duty finding/orders on prestressed concrete steel wire strand (PC strand) from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand would be likely to lead to continuation or recurrence of dumping as indicated in the ``Final Results of Sunset Review'' section of this notice. DATES: Effective Date: March 17, 2015. FOR FURTHER INFORMATION CONTACT: Michael Romani or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0198 or (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On November 3, 2014, the Department published the notice of initiation of the sunset reviews of the antidumping duty finding \1\ orders on PC strand from Brazil, India, Japan, the Republic of Korea (Korea), Mexico, and Thailand pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ --------------------------------------------------------------------------- \1\ On December 8, 1978, the Department of the Treasury published the antidumping duty finding, which is equivalent to an antidumping duty order published after 1980, on PC strand from Japan. See Steel Wire Strand for Prestressed Concrete from Japan: Finding of Dumping, 43 FR 57599 (December 8, 1978). \2\ See Initiation of Five-year (``Sunset'') Review, 79 FR 65186 (November 3, 2014) (Initiation Notice). --------------------------------------------------------------------------- In accordance with 19 CFR 351.218(d)(1)(i), the Department received notices of intent to participate in these sunset reviews from Insteel Wire Products Company and Sumiden Wire Products Corp. (collectively, the domestic interested parties) within 15 days after the date of publication of the Initiation Notice and the effective date of the initiation of this sunset review.\3\ The domestic interested parties claimed interested party status under section 771(9)(C), of the Act. --------------------------------------------------------------------------- \3\ See Notices of Intent to Participate in Brazil, India, Japan, Korea, Mexico, and Thailand Sunset Reviews (November 17, 2014). --------------------------------------------------------------------------- The Department received complete substantive responses to the Initiation Notice from the domestic interested parties within the 30- day period specified in 19 CFR 351.218(d)(3)(i). The Department received no substantive responses from any respondent interested parties. In accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited (120-day) sunset reviews of the antidumping duty finding/orders on PC strand from Brazil, India, Japan, Korea, Mexico, and Thailand. Scope of the Finding/Orders The product covered in the sunset reviews of the antidumping duty orders on PC strand from Brazil, India, Korea, Mexico, and Thailand is steel strand produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pre-tensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand. The product covered in the sunset review of the antidumping duty finding on PC strand from Japan is steel wire strand, other than alloy steel, not galvanized, which is stress-relieved and suitable for use in prestressed concrete. The merchandise subject to the finding/orders 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 the finding/orders is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \4\ See memorandum to Paul Piquado entitled ``Issues and Decision Memorandum for the Expedited Sunset Reviews of the Antidumping Duty Finding/Orders on Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand,'' dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received A complete discussion of all issues raised in these reviews are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of dumping margins likely to prevail if the finding/orders [[Page 13828]] were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).\5\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit in Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. --------------------------------------------------------------------------- \5\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (``IA ACCESS'') to AD and CVD Centralized Electronic Service System (``ACCESS''). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Final Results of Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (2) of the Act, we determine that revocation of the antidumping duty finding/orders on PC strand from Brazil, India, Japan, Mexico, Korea, and Thailand would be likely to lead to continuation or recurrence of dumping up to the following weighted-average margin percentages: ------------------------------------------------------------------------ Weighted- Country average margin (percent) ------------------------------------------------------------------------ Brazil.................................................. 118.75 India................................................... 102.07 Japan................................................... 13.30 Korea................................................... 54.19 Mexico.................................................. 77.20 Thailand................................................ 12.91 ------------------------------------------------------------------------ Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 3, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-05815 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices 13827
is not ‘‘in harmony’’ with a Department DEPARTMENT OF COMMERCE The domestic interested parties claimed
determination and must suspend interested party status under section
liquidation of entries pending a International Trade Administration 771(9)(C), of the Act.
‘‘conclusive’’ court decision. The CIT’s [A–351–837, A–533–828, A–588–068, A–580– The Department received complete
February 27, 2015, judgment sustaining 852, A–201–831, A–549–820] substantive responses to the Initiation
the PET Film Final Remand constitutes Notice from the domestic interested
a final decision of that court that is not Prestressed Concrete Steel Wire parties within the 30-day period
in harmony with the PET Film Final Strand From Brazil, India, Japan, the specified in 19 CFR 351.218(d)(3)(i).
Results. This notice is published in Republic of Korea, Mexico, and The Department received no substantive
fulfillment of the publication Thailand: Final Results of the responses from any respondent
requirements of Timken. Accordingly, Expedited Sunset Reviews of the interested parties. In accordance with
Antidumping Duty Finding/Orders section 751(c)(3)(B) of the Act and 19
the Department will continue the
CFR 351.218(e)(1)(ii)(C)(2), the
suspension of liquidation of the subject AGENCY: Enforcement and Compliance, Department conducted expedited (120-
merchandise pending the expiration of International Trade Administration, day) sunset reviews of the antidumping
the period of appeal or, if appealed, Department of Commerce. duty finding/orders on PC strand from
pending a final and conclusive court SUMMARY: The Department of Commerce Brazil, India, Japan, Korea, Mexico, and
decision. Since the PET Film Final (the Department) finds that revocation Thailand.
Results, the Department established a of the antidumping duty finding/orders
new cash deposit rate for DuPont and on prestressed concrete steel wire strand Scope of the Finding/Orders
Wanhua.6 Therefore, DuPont’s and (PC strand) from Brazil, India, Japan, the The product covered in the sunset
Wanhua’s cash deposit rates do not Republic of Korea, Mexico, and reviews of the antidumping duty orders
need to be updated as a result of these Thailand would be likely to lead to on PC strand from Brazil, India, Korea,
amended final results. The cash deposit continuation or recurrence of dumping Mexico, and Thailand is steel strand
rates for DuPont and Wanhua will as indicated in the ‘‘Final Results of produced from wire of non-stainless,
remain the rates established for the Sunset Review’’ section of this notice. non-galvanized steel, which is suitable
subsequent and most recent period DATES: Effective Date: March 17, 2015. for use in prestressed concrete (both
during which each respondent was FOR FURTHER INFORMATION CONTACT: pre-tensioned and post-tensioned)
reviewed. Michael Romani or Minoo Hatten, AD/ applications. The product definition
CVD Operations, Office I, Enforcement encompasses covered and uncovered
Amended Final Results strand and all types, grades, and
and Compliance, International Trade
Administration, U.S. Department of diameters of PC strand.
Because there is now a final court The product covered in the sunset
decision with respect to the PET Film Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; review of the antidumping duty finding
Final Results, the revised weighted-
average dumping margins are as follows: telephone: (202) 482–0198 or (202) 482– on PC strand from Japan is steel wire
1690, respectively. strand, other than alloy steel, not
galvanized, which is stress-relieved and
Weighted- SUPPLEMENTARY INFORMATION:
suitable for use in prestressed concrete.
average
Exporter Background The merchandise subject to the
margin (per-
cent) finding/orders is currently classifiable
On November 3, 2014, the Department
under subheadings 7312.10.3010 and
DuPont Teijin Films China Lim-
published the notice of initiation of the
7312.10.3012 of the Harmonized Tariff
ited ........................................ 4.42 sunset reviews of the antidumping duty Schedule of the United States (HTSUS).
4.42 finding orders on PC strand from
1
Tianjin Wanhua Co., Ltd ........... Although the HTSUS subheadings are
Brazil, India, Japan, the Republic of
provided for convenience and customs
Korea (Korea), Mexico, and Thailand
This notice is issued and published in pursuant to section 751(c) of the Tariff purposes, the written description of the
accordance with sections 516A(e)(1), merchandise under the finding/orders is
Act of 1930, as amended (the Act).2
751(a)(1), and 777(i)(1) of the Act. dispositive. A full description of the
In accordance with 19 CFR
scope of the order is contained in the
Dated: March 11, 2015. 351.218(d)(1)(i), the Department
Issues and Decision Memorandum.4
Paul Piquado, received notices of intent to participate
Assistant Secretary for Enforcement and
in these sunset reviews from Insteel Analysis of Comments Received
Compliance. Wire Products Company and Sumiden A complete discussion of all issues
Wire Products Corp. (collectively, the raised in these reviews are addressed in
[FR Doc. 2015–06127 Filed 3–16–15; 8:45 am]
domestic interested parties) within 15 the accompanying Issues and Decision
BILLING CODE 3510–DS–P
days after the date of publication of the Memorandum, which is hereby adopted
Initiation Notice and the effective date by this notice, including the likelihood
of the initiation of this sunset review.3 of continuation or recurrence of
1 On December 8, 1978, the Department of the
dumping in the event of revocation and
Treasury published the antidumping duty finding, the magnitude of dumping margins
which is equivalent to an antidumping duty order likely to prevail if the finding/orders
mstockstill on DSK4VPTVN1PROD with NOTICES
published after 1980, on PC strand from Japan. See
Steel Wire Strand for Prestressed Concrete from 4 See memorandum to Paul Piquado entitled
Japan: Finding of Dumping, 43 FR 57599 (December ‘‘Issues and Decision Memorandum for the
8, 1978). Expedited Sunset Reviews of the Antidumping
2 See Initiation of Five-year (‘‘Sunset’’) Review, 79
Duty Finding/Orders on Prestressed Concrete Steel
6 See Polyethylene Terephthalate Film, Sheet, and
FR 65186 (November 3, 2014) (Initiation Notice). Wire Strand from Brazil, India, Japan, the Republic
Strip From the People’s Republic of China: Final 3 See Notices of Intent to Participate in Brazil, of Korea, Mexico, and Thailand,’’ dated
Results of Antidumping Duty Administrative India, Japan, Korea, Mexico, and Thailand Sunset concurrently with and hereby adopted by this
Review; 2011–2012, 79 FR 37715 (July 2, 2014). Reviews (November 17, 2014). notice (Issues and Decision Memorandum).
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![13828 Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
were revoked. The Issues and Decision Dated: March 3, 2015. Background
Memorandum is a public document and Paul Piquado, On July 14, 2006, the Department
is on file electronically via Enforcement Assistant Secretary for Enforcement and published AFBs 16.2 Nachi-Fujikoshi
and Compliance’s Antidumping and Compliance. Corporation (Nachi), NTN Corporation
Countervailing Duty Centralized [FR Doc. 2015–05815 Filed 3–16–15; 8:45 am] (NTN), and other parties appealed AFBs
Electronic Service System (ACCESS).5 BILLING CODE 3510–DS–P 16 to the CIT. On December 18, 2009,
ACCESS is available to registered users the CIT remanded AFBs 16 for the
at http://access.trade.gov and to all Department to, inter alia, (1)
parties in the Central Records Unit in DEPARTMENT OF COMMERCE redetermine NTN’s freight expenses
Room 7046 of the main Department of using a method that is consistent with
Commerce building. In addition, a International Trade Administration the Department’s treatment of the freight
complete version of the Issues and expense of other respondents in the
Decision Memorandum can be accessed [A–588–804] administrative review and (2) to
directly on the internet at http:// redetermine the application of facts
enforcement.trade.gov/frn/index.html. Ball Bearings and Parts Thereof From otherwise available for information that
Japan: Notice of Court Decision Not in Nachi submitted on physical bearing
Final Results of Reviews
Harmony With the Final Results of characteristics.3 On May 17, 2010, the
Pursuant to sections 751(c)(1) and Antidumping Duty Administrative Department filed its results of
752(c)(1) and (2) of the Act, we Review and Notice of Amended Final redetermination pursuant to remand in
determine that revocation of the Results of Antidumping Duty accordance with the CIT’s order.4
antidumping duty finding/orders on PC Administrative Review; 2004–2005 On July 29, 2011, the CIT affirmed, in
strand from Brazil, India, Japan, Mexico, part, the Department’s first remand,
Korea, and Thailand would be likely to AGENCY: Enforcement and Compliance, which resulted in a weighted-average
International Trade Administration, dumping margin of 13.91 percent for
lead to continuation or recurrence of
Department of Commerce. Nachi and a weighted-average dumping
dumping up to the following weighted-
margin of 8.02 percent for NTN.5 The
average margin percentages: SUMMARY: On February 25, 2015, the Court remanded issues regarding Nachi,
United States Court of International NTN, and other respondent companies,
Weighted- Trade (CIT or Court) issued final
average relating to the Department’s use of
Country margin judgment in JTEKT Corp. v. United zeroing and model match methodology.6
(percent) States, Consol. Court No. 06–00250 On June 4, 2012, the Court stayed the
(JTEKT Corp.), affirming the Department proceedings pending the appeal of
Brazil ..................................... 118.75 of Commerce’s (the Department) final Union Steel v. United States, which
India ...................................... 102.07 results of redetermination pursuant to concerned zeroing.7 After the Federal
Japan .................................... 13.30 remand.1 Circuit issued its opinion in Union
Korea .................................... 54.19 Steel, the Court lifted the stay and
Consistent with the decision of the
Mexico .................................. 77.20 ‘‘relieve[d] Commerce of the directive
United States Court of Appeals for the
Thailand ................................ 12.91 concerning zeroing’’ in JTEKT III but
Federal Circuit (CAFC) in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir. ‘‘maintain[ed] the directive . . . as to
Notification to Interested Parties 1990) (Timken), as clarified by Diamond the claim brought by NTN’’ pertaining
Sawblades Mfrs. Coalition v. United to the model match methodology.8 In
This notice serves as the only Final Second Remand, the Department
reminder to parties subject to States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades), the Department further explained its analysis of this
administrative protective orders (APO) issue but did not further recalculate the
of their responsibility concerning the is notifying the public that the final
judgment in this case is not in harmony weighted-average dumping margins for
disposition of proprietary information any respondents in the litigation.9 The
disclosed under APO in accordance with the Department’s final results of
the administrative review of the Court affirmed the Department’s second
with 19 CFR 351.305. Timely written
notification of the destruction of APO antidumping duty order on ball bearings 2 See Ball Bearings and Parts Thereof from
materials or conversion to judicial and parts thereof from Japan, covering France, Germany, Italy, Japan, and the United
protective order is hereby requested. the period May 1, 2004 through April Kingdom: Final Results of Antidumping Duty
Failure to comply with the regulations 30, 2005, and is amending the final Administrative Reviews, 71 FR 40064 (July 14,
results with respect to Nachi-Fujikoshi 2006) (AFBs 16).
and terms of an APO is a violation 3 See JTEKT Corporation v. United States, 675 F.
which is subject to sanction. Corporation and NTN Corporation. Supp. 2d (CIT 2009).
4 See Final Results of Redetermination, JTEKT
The Department is issuing and DATES: Effective Date: March 7, 2015.
Corporation v. United States, Consol. Court No. 06–
publishing these final results and notice FOR FURTHER INFORMATION CONTACT: 00250 (CIT December 18, 2009), dated May 17, 2010
in accordance with sections 751(c), Thomas Schauer, Office I, Enforcement (Final First Remand), available at: http://
752(c), and 777(i)(1) of the Act and 19 enforcement.trade.gov/remands/09-147.pdf.
and Compliance, International Trade 5 See JTEKT Corp. v. United States, 780 F. Supp.
CFR 351.218. Administration, U.S. Department of 2d 1357 (CIT 2011).
Commerce, 14th Street and Constitution 6 Id.
5 On November 24, 2014, Enforcement and 7 Union Steel v. United States, 713 F.3d 1101
mstockstill on DSK4VPTVN1PROD with NOTICES
Avenue NW., Washington, DC 20230;
Compliance changed the name of Enforcement and (Fed. Cir. 2013).
Compliance’s AD and CVD Centralized Electronic
telephone: (202) 482–0410. 8 See JTEKT Corp. v. United States, Consol. Court
Service System (‘‘IA ACCESS’’) to AD and CVD SUPPLEMENTARY INFORMATION: No. 06–00250, slip op. 14–13 at 7 (CIT February 10,
Centralized Electronic Service System (‘‘ACCESS’’). 2014) (JTEKT III).
The Web site location was changed from http:// 9 See Redetermination Pursuant to Remand,
iaaccess.trade.gov to http://access.trade.gov. The 1 See Final Second Remand Redetermination, JTEKT Corporation v. United States, Consol. Court
Final Rule changing the references to the Consol. Court No. 06–250, available at: http:// No. 06–00250 (CIT January 29, 2010 and February
Regulations can be found at 79 FR 69046 enforcement.trade.gov/remands/14-13.pdf (Final 10, 2014), dated May 17, 2010 (Final Second
(November 20, 2014). Second Remand). Remand).
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Document Created: 2015-12-18 12:01:42
Document Modified: 2015-12-18 12:01:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Michael Romani or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0198 or (202) 482-1690, respectively. | |
| FR Citation | 80 FR 13827 |
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