[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68348-68350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30383]


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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 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:

------------------------------------------------------------------------
                                                             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