[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68354-68355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30387]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-837]


Notice of Final Determination of Sales at Less Than Fair Value: 
Prestressed Concrete Steel Wire Strand from Brazil

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 Brazil 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: David Layton or Monica Gallardo at 
(202) 482-0371 and (202) 482-3147, 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 
Brazil, 68 FR 42386 (July 17, 2003) (Preliminary Determination). Since 
the publication of the Preliminary Determination, the following events 
have occurred:
    On August 6, 2003, Belgo Bekaert Arames S.A. (BBA), the sole 
Brazilian producer and mandatory respondent, 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 Brazil. 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, BBA, 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 BBA failed to 
respond to any part of the antidumping duty questionnaire issued to it 
by the Department. See Preliminary Determination, 68 FR at 42386. 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 BBA, 
failed to cooperate by not acting to the best of its ability. We 
assigned BBA 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

[[Page 68355]]

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 
42387-88. 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 BBA. 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 Brazil 
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. The suspension of liquidation 
instructions will remain in effect until further notice.
    We determine that the following dumping margins exist:

------------------------------------------------------------------------
                                                             Margin
                 Manufacturer/exporter                  [chyph](percent)
------------------------------------------------------------------------
Belgo Bekaert Arames S.A..............................           118.75
All Others............................................           118.75
------------------------------------------------------------------------

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 
Brazil 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. 03-30387 Filed 12-5-03; 8:45 am]
BILLING CODE 3510-DS-S