[Federal Register: December 8, 2003 (Volume 68, Number 235)]
[Notices]
[Page 68350-68351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de03-31]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-831]
Notice of Final Determination of Sales at Less Than Fair Value
and Negative Final Determination of Critical Circumstances: Prestressed
Concrete Steel Wire Strand from Mexico
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: James Kemp or Daniel O'Brien at (202)
482-5346 or (202) 482-1376, respectively; AD/CVD Enforcement Group II
Office 5, Import Administration, Room 1870, 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 Mexico 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 either Cablesa S.A. de C.V. (Cablesa) or Aceros Camesa S.A.
de C.V. (Camesa) 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
Affirmative Preliminary Determination of Critical Circumstances in
Part: Prestressed Concrete Steel Wire Strand from Mexico, 68 FR 42373,
42378 (July 17, 2003) (Preliminary Determination). Since the
publication of the preliminary determination, the following events have
occurred:
In August and September 2003, the Department of Commerce (the
Department) verified the questionnaire responses submitted by Camesa
and Cablesa. The sales and cost verification reports were issued in
October 2003. On October 22, 2003, we received case briefs from the
petitioners\1\ and Cablesa. On October 28, 2003, we received rebuttal
briefs from the petitioners, Camesa, and Cablesa. As the only request
for a public hearing was made by the petitioners, and that request was
subsequently withdrawn, a public hearing was not held.
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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 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) and is in accordance with our regulations. See 19 CFR
351.204(b)(1).
Class or Kind
In the preliminary determination, we found that uncovered and
covered PC strand constituted the same class or kind of merchandise.
Since the preliminary determination, no parties commented on this
finding. Therefore, for the final determination, we continue to find
that uncovered and covered PC strand constitute the same class or kind
of merchandise for the reasons outlined in the Memorandum from James
Kemp and Salim Bhabhrawala, to Holly Kuga, Acting Deputy Assistant
Secretary, Regarding Consideration of Scope Exclusion Request and Class
or Kind (July 10, 2003) and the Preliminary Determination.
Facts Available
In the preliminary determination, we based the dumping margin for
Cablesa on adverse facts available pursuant to sections 776(a) and
776(b) of the Act. The use of adverse facts available was warranted for
Cablesa because the Department found that the cost information on the
record for Cablesa was so incomplete that it could not serve as a
reliable basis for reaching a determination. See Preliminary
Determination.
Since the preliminary determination, Cablesa has responded to two
supplemental questionnaires regarding its cost response. However,
Cablesa's cost response could not be verified. Therefore, we have
determined that the cost information on the record for Cablesa is
unreliable and that Cablesa has failed to cooperate by not acting to
the best of its ability. As a result, the use of adverse facts
available is warranted with respect to Cablesa. See 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 Mexico (Decision
Memorandum), dated December 1, 2003, at Comment 6 for a discussion of
the deficiencies of Cablesa's cost response and the Department's use of
adverse facts available.
Our rejection of Cablesa's cost information renders impossible any
[[Page 68351]]
price-to-price or price-to-constructed value comparisons. This is
consistent with Department practice. See, e.g., Notice of Final
Determination of Sales at Less than Fair Value: Grain-Oriented
Electrical Steel from Italy, 59 FR 33952 (July 1, 1994), Notice of
Final Determination of Sales at Less than Fair Value: Certain Cold-
Rolled Carbon Steel Flat Products from Venezuela, 67 FR 62119 (October
3, 2002), and Notice of Final Results of Antidumping Duty
Administrative Review: Certain Cut-to-Length Carbon Steel Plate from
Mexico, 64 FR 76, 77-78 (January 4, 1999).
Accordingly, we have assigned to Cablesa the highest margin stated
in the notice of initiation for Mexico. 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 Memoranda
regarding corroboration of data contained in the petition for assigning
facts available rates, dated July 10, 2003.
Critical Circumstances
For the final determination, based on company-specific shipment
data submitted to the Department, we have found that critical
circumstances do not exist for either Camesa or Cablesa because there
were no massive imports with respect to either respondent. We have also
found that critical circumstances do not exist for any companies in the
``All Others'' category. See Memorandum from Daniel O'Brien,
International Trade Compliance Analyst, to Gary Taverman, Director,
Office 5, Re: Final Negative Determination of Critical Circumstances
and Decision Memorandum at Comment 8. See, also, Memorandum from Daniel
O'Brien and Jim Kemp, International Trade Compliance Analysts, to Gary
Taverman, Director, Office 5, Re: Verification of the Sales Response of
Cablesa S.A. de C.V. in the Investigation of Prestressed Concrete Steel
Wire Strand from Mexico dated October 7, 2003, at 22-23.
Verification
As provided in section 782(i) of the Act, we conducted verification
of the cost and sales information submitted by Camesa and Cablesa. 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 Decision Memorandum 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 our analysis of comments
received, we have made adjustments to the preliminary determination
calculation methodologies in calculating the final dumping margin for
Camesa. 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 Customs and Border Patrol (CBP) to continue to suspend
liquidation of all entries of PC strand exported from Mexico, that are
entered, or withdrawn from warehouse, for consumption on or after the
date 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. Because the
Department now determines that critical circumstances do not exist for
either respondent, the retroactive suspension of liquidation ordered at
the preliminary determination is terminated. CBP shall return all bonds
and/or cash deposits posted for entries of PC strand produced and
exported by Cablesa during the critical circumstances period (i.e.
April 18, 2003, to July 17, 2003).
We determine that the following weighted-average dumping margins
exist for Mexico:
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Margin
Manufacturer/exporter [chyph](percent)
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Camesa................................................ 62.78
Cablesa............................................... 77.20
All Others............................................ 62.78
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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
Mexico 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. 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
I. ISSUES SPECIFIC TO ACEROS CAMESA
Comment 1: Unverified Movement Expenses
Comment 2: Indirect Selling Expenses
Comment 3: Understatement of Cost of Manufacturing
Comment 4: General and Administrative Expense
Comment 5: Finance Expense
II. ISSUES SPECIFIC TO CABLESA
Comment 6: Reliability of Cost Information
Comment 7: Adjustments to Cost Information
Comment 8: Critical Circumstances new file
[FR Doc. 03-30384 Filed 12-5-03; 8:45 am]