[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68356-68357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30389]



[[Page 68356]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-829]


Final Affirmative Countervailing Duty Determination: Prestressed 
Concrete Steel Wire Strand From India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final affirmative countervailing duty investigation.

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SUMMARY: On July 8, 2003, the Department of Commerce (the Department) 
published in the Federal Register its preliminary affirmative 
determination in the countervailing duty investigation of prestressed 
concrete steel wire strand (PC strand or subject merchandise) from 
India for the period April 1, 2001, through March 31, 2002.
    The program rates determined in this final determination do not 
differ from those determined in the preliminary determination. The 
final net rate for all Indian producers/exporters of subject 
merchandise is listed below in the ``Suspension of Liquidation'' 
section of this notice.

EFFECTIVE DATE: December 8, 2003.

FOR FURTHER INFORMATION CONTACT: Robert Copyak at (202) 482-2209 or 
Alicia Kinsey at (202) 482-4793, Office of AD/CVD Enforcement VI, Group 
II, Import Administration, International Trade Administration, U.S. 
Department of Commerce, Room 4012, 14th Street and Constitution Avenue, 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    The petition in this investigation was filed by American Spring 
Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products 
Corp. (collectively, the petitioners). On July 8, 2003, the Department 
published the preliminary determination. See Notice of Preliminary 
Affirmative Countervailing Duty Determination: Prestressed Concrete 
Steel Wire Strand from India, 68 FR 40629 (July 8, 2003) (Preliminary 
Determination), which is on file in room B-099 in the Central Records 
Unit of the main Commerce building (CRU).
    In accordance with section 705(a)(1) of the Tariff Act of 1930, as 
amended (the Act), we aligned this final determination with the final 
determination in the antidumping duty investigation of PC strand from 
India. See Preliminary Determination, 68 FR 40629, 40631. We invited 
interested parties to comment on the Department's findings in the 
Preliminary Determination. On August 27, 2003, we received comments 
from petitioners supporting the Department's preliminary analysis. We 
received no other comments. This investigation covers all producers/
exporters of subject merchandise in India for the period April 1, 2001, 
through March 31, 2002.

Scope of the Investigation

    The merchandise subject to this investigation is prestressed 
concrete steel wire (PC strand), which 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 merchandise under this 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.

Analysis of Comments Received

    The Department's positions on the subsidy programs addressed in 
this case are discussed the ``Issues and Decision Memorandum'' 
(Decision Memorandum) from Holly A. Kuga, Acting Deputy Assistant 
Secretary, AD/CVD Enforcement II, to James J. Jochum, Assistant 
Secretary for Import Administration, dated December 1, 2003, which is 
hereby adopted by this notice. This public memorandum, which is on file 
in the CRU, also contains the recommended adverse facts available 
program rates and the adverse facts available total net subsidy rate. A 
complete version of the Decision Memorandum can be accessed on the 
World Wide Web at http://www.ia.ita.doc.gov, under the heading 
``Federal Register Notices.'' The paper copy on file in the CRU and the 
electronic version of the Decision Memorandum are identical in content.

Suspension of Liquidation

    In accordance with section 703(b) of the Act, we have calculated 
the following countervailing duty rate for all Indian producers/
exporters of subject merchandise:

------------------------------------------------------------------------
             Producer/exporter                    Net subsidy rate
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All producers/exporters...................  62.92% ad valorem
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    In accordance with our preliminary affirmative determination, we 
instructed U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of prestressed concrete steel wire strand 
from India, which were entered or withdrawn from warehouse, for 
consumption on or after July 8, 2003, the date of the publication of 
our preliminary determination in the Federal Register. In accordance 
with section 703(d) of the Act, we instructed the CBP to discontinue 
the suspension of liquidation for merchandise entered on or after 
November 5, 2003, but to continue the suspension of liquidation of 
entries made between July 8, 2003, and November 4, 2003.
    If the International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate suspension of liquidation under section 706(a) of the 
Act for all entries, and require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amount 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated 
and all estimated duties deposited or securities posted as a result of 
the suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided that the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Failure to comply is a violation of the APO.

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    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: December 1, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix I--Issues and Decision Memorandum

Summary

Methodology and Background Information

I. Use of Facts Available
II. Programs Determined to Confer Subsidies
    A. Government of India Programs
    1. Pre-shipment and Post-shipment Export Financing
    2. Duty Entitlement Passbook Scheme (DEPS)
    3. Export Promotion Capital Goods Scheme (EPCGS)
    4. Loans From the Steel Development Fund (SDF)
    5. Exemption of Export Credit From Interest Taxes
    6. Advance Licenses
    7. Income Tax Exemption Scheme (Section 80 HHC)
    8. Loan Guarantees From the GOI
    B. State of Maharashtra (SOM) Programs
    1. Sales Tax Incentives
    2. Capital Incentive Scheme
    3. Electricity Duty Exemption Scheme
    4. Octroi Refund Scheme
    5. Exemption of Sales and Purchase Taxes for Certain Investments 
Related to Automobiles or Automobile Components
    C. Program in the State of Bihar
    1. Sales Tax Incentives
    D. Programs in the State of Jharkhand
    1. Sales Tax Incentives
    2. Captive Electricity Generative Plant Subsidy
    3. Interest Subsidy
    4. Stamp Duty and Registration
    5. Pollution Control Equipment Subsidy
    6. Mega Units
    7. Captive Electricity Tax Exemptions
    E. Program in the State of Gujarat
    1. Sales Tax Incentives
III. Total Ad Valorem Rate
IV. Recommendation

[FR Doc. 03-30389 Filed 12-5-03; 8:45 am]
BILLING CODE 3510-DS-P