[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68352-68353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30385]



[[Page 68352]]

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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