[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Pages 47481-47484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19511]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-864]
Certain Fabricated Structural Steel From Canada: Preliminary
Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain fabricated structural steel (fabricated structural steel)
from Canada is not being, or is not likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is January 1, 2018 through December 31, 2018. Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable September 10, 2019.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Ajay Menon, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-1993,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on March 4,
2019.\1\ On July 1, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
September 3, 2019.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\1\ See Certain Fabricated Structural Steel from Canada, Mexico,
and the People's Republic of China: Initiation of Less-Than-Fair-
Value Investigations, 84 FR 7330 (March 4, 2019) (Initiation
Notice).
\2\ See Certain Fabricated Structural Steel from Canada, Mexico,
and the People's Republic of China: Postponement of Preliminary
Determinations of Antidumping Duty Investigations, 84 FR 31301 (July
1, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Fabricated Structural Steel from Canada'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is fabricated structural
steel from Canada. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted on the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memoranda.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 83 FR at 7331.
\6\ See Memorandum, ``Fabricated Structural Steel from Canada,
Mexico, and the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated July 5, 2019; see also Memorandum,
``Fabricated Structural Steel from Canada, Mexico, and the People's
Republic of China: Second Preliminary Scope Memorandum,'' dated
concurrently with this notice (collectively, Preliminary Scope
Decision Memoranda).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Commerce calculated
constructed export prices have been calculated in accordance with
section 772(b) of the Act. Normal value is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
Preliminary Determination
For this preliminary determination, Commerce calculated a zero or
de minimis estimated weighted-average dumping margin for each
individually examined producer and/or exporter of the subject
merchandise. Consistent with section 733(b)(3) of the Act, Commerce
disregards de minimis rates and preliminarily determines that these
individually examined respondents with de minimis rates have not made
sales of subject merchandise at LTFV.
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Estimated weighted- average
Exporter/producer dumping margin (percent)
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Les Constructions Beauce-Atlas, Inc \7\. 0.69 (de minimis).
Canatal Industries, Inc................. 0.00.
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Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an
[[Page 47482]]
affirmative preliminary determination of sales at LTFV.
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\7\ Commerce preliminarily determined that Beauce-Atlas,
Fabrication Beauce-Atlas, and Structure Beauce-Atlas are a single
entity. See Memorandum, ``Antidumping Duty Investigation of
Fabricated Structural Steel from Canada: Les Constructions Beauce-
Atlas Preliminary Affiliation and Collapsing Memorandum,'' dated
August 9, 2019.
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Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for any such
entries.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties may address Commerce's preliminary scope
determinations in scope briefs which may be submitted no later than 21
days after the publication of the preliminary antidumping duty (AD)
determinations on fabricated structural steel from Canada, China, and
Mexico in the Federal Register. Scope rebuttal briefs, limited to
issues raised in the scope case briefs, may be submitted no later than
five days after the deadline for the scope case briefs. These
deadlines, which are based on publication in the Federal Register of
the preliminary determinations in the AD investigations of fabricated
structural steel, apply to both the on-going AD and countervailing duty
(CVD) fabricated structural steel investigations. Thus, there is only
one briefing schedule for scope case and rebuttal briefs in the AD and
CVD fabricated structural steel investigations. For all scope issues,
parties must file separate and identical documents on the records of
all of the ongoing AD and CVD investigations of fabricated structural
steel from Canada, China, and Mexico through ACCESS. No new factual
information may be included in scope case or rebuttal briefs.
Parties should include all arguments about scope-related issues in
the scope case and rebuttal briefs. Commerce does not intend to permit
arguments about scope-related issues in the investigation-specific case
and rebuttal briefs regarding other issues. Should these investigations
result in the imposition of orders, interested parties may submit
requests for a scope ruling after the publication of any such orders in
the Federal Register.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioner. On July 23, 2019, the petitioner requested that
Commerce postpone the final determination.\9\ In accordance with
section 735(a)(2)(B) of the Act, because the preliminary determination
is negative, and the petitioner has requested the postponement of the
final determination, Commerce is postponing the final determination.
Accordingly, Commerce will make its final determination by no later
than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
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\9\ See Petitioner's Letter, ``Certain Fabricated Structural
Steel from Canada, Mexico, and the People's Republic of China:
Request to Extend Final Determination,'' dated July 23, 2019.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine 75 days after the final determination whether these imports
are materially injuring, or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation is carbon and alloy
fabricated structural steel. Fabricated structural steel is made
from steel in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is two
percent or less by weight. Fabricated structural steel products are
steel products that have been fabricated for erection or assembly
into structures, including, but not limited to, buildings
(commercial, office, institutional, and multi-family residential);
industrial and utility projects; parking decks; arenas and
convention centers; medical facilities; and ports, transportation
and infrastructure facilities. Fabricated structural steel is
manufactured from carbon and alloy (including stainless) steel
products such as angles, columns, beams, girders, plates, flange
shapes (including manufactured structural shapes utilizing welded
plates as a substitute for rolled wide flange sections), channels,
hollow structural section (HSS) shapes, base plates, and plate-work
components. Fabrication includes, but is not limited to cutting,
drilling, welding, joining, bolting, bending, punching, pressure
fitting, molding, grooving, adhesion, beveling, and riveting and may
include items such as fasteners, nuts, bolts, rivets, screws,
hinges, or joints.
The inclusion, attachment, joining, or assembly of non-steel
components with fabricated structural steel does not remove the
fabricated structural steel from the scope.
Fabricated structural steel is covered by the scope of the
investigation regardless of whether it is painted, varnished, or
coated
[[Page 47483]]
with plastics or other metallic or non-metallic substances and
regardless of whether it is assembled or partially assembled, such
as into modules, modularized construction units, or sub-assemblies
of fabricated structural steel.
Subject merchandise includes fabricated structural steel that
has been assembled or further processed in the subject country or a
third country, including but not limited to painting, varnishing,
trimming, cutting, drilling, welding, joining, bolting, punching,
bending, beveling, riveting, galvanizing, coating, and/or slitting
or any other processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the fabricated structural steel.
All products that meet the written physical description of the
merchandise covered by the investigation are within the scope of the
investigation unless specifically excluded or covered by the scope
of an existing antidumping duty order.
Specifically excluded from the scope of the investigation are:
1. Fabricated steel concrete reinforcing bar (rebar) if: (i) It
is a unitary piece of fabricated rebar, not joined, welded, or
otherwise connected with any other steel product or part; or (ii) it
is joined, welded, or otherwise connected only to other rebar.
2. Fabricated structural steel for bridges and bridge sections
that meets American Association of State and Highway and
Transportation Officials (AASHTO) bridge construction requirements
or any state or local derivatives of the AASHTO bridge construction
requirements.
3. Pre-engineered metal building systems, which are defined as
complete metal buildings that integrate steel framing, roofing and
walls to form one, pre-engineered building system, that meet Metal
Building Manufacturers Association guide specifications. Pre-
engineered metal building systems are typically limited in height to
no more than 60 feet or two stories.
4. Steel roof and floor decking systems that meet Steel Deck
Institute standards.
5. Open web steel bar joists and joist girders that meet Steel
Joist Institute specifications.
6. Also excluded from the scope of the investigation is
scaffolding, and parts and accessories thereof, that comply with
ANSI/ASSE A10.8--2011--Scaffolding Safety Requirements, and/or
Occupational Safety and Health Administration regulations at 29 CFR
part 1926 subpart L--Scaffolds. The outside diameter of the scaffold
tubing covered by this exclusion ranges from 25mm to 150mm.
7. Excluded from the scope of the investigation are access
flooring systems panels and accessories, where such panels have a
total thickness ranging from 0.75 inches to 1.75 inches and consist
of concrete, wood, other non-steel materials, or hollow space
permanently attached to a top and bottom layer of galvanized or
painted steel sheet or formed coil steel, the whole of which has
been formed into a square or rectangle having a measurement of 24
inches on each side +/- 0.1 inch; 24 inches by 30 inches +/- 0.1
inch; or 24 by 36 inches +/- 0.1 inch.
8. Excluded from the investigation are the following types of
steel poles, segments of steel poles, and steel components of those
poles:
Steel Electric Transmission Poles, or segments of such
poles, that meet (1) the American Society of Civil Engineers
(ASCE)--Design of Steel Transmission Pole Structures, ASCE/SEI 48 or
(2) the USDA RUS bulletin 1724E-214 Guide specification for standard
class Steel Transmission Poles. The exclusion for steel electric
transmission poles also encompasses the following components
thereof: Transmission arms which attach to poles; pole bases; angles
that do not exceed 8'' x 8'' x 0.75''; steel vangs, steel brackets,
steel flanges, and steel caps; safety climbing cables; ladders; and
steel templates.
Steel Electric Substation Poles, or segments of such
poles, that meet the American Society of Civil Engineers (ASCE)--
Manuals and Reports on Engineering Practice No. 113. The exclusion
for steel electric substation poles also encompasses the following
components thereof: Substation dead end poles; substation bus
stands; substation mast poles, arms, and cross-arms; steel brackets,
steel flanges, and steel caps; pole bases; safety climbing cables;
ladders; and steel templates.
Steel Electric Distribution Poles, or segments of such
poles, that meet (1) American Society of Civil Engineers (ASCE)--
Design of Steel Transmission Pole Structures, ASCE/SEI 48, (2) USDA
RUS bulletin 1724E-204 Guide specification for steel single pole and
H-frame structures, or (3) ANSI 05.1 height and class requirements
for steel poles. The exclusion for steel electric distribution poles
also encompasses the following components thereof: Distribution arms
and cross-arms; pole bases; angles that do not exceed 8'' x 8'' x
0.75''; steel vangs, steel brackets, steel flanges, and steel caps;
safety climbing cables; ladders; and steel templates.
Steel Traffic Signal Poles, Steel Roadway Lighting
Poles, Steel Parking Lot Lighting Poles, and Steel Sports Lighting
Poles, or segments of such poles, that meet (1) the American
Association of State Highway and Transportation Officials (AASHTO)--
Specifications for Structural Supports for Highway Signs,
Luminaires, and Traffic Signals, (2) any state or local derivatives
of the AASHTO highway sign, luminaries, and traffic signals
requirements, or (3) American National Standard Institute (ANSI)
C136--American National Standard for Roadway and Area Lighting
Equipment standards. The exclusion for steel traffic signal poles,
steel roadway lighting poles, steel parking lot lighting poles, and
steel sports lighting poles also encompasses the following
components thereof: Luminaire arms; hand hole rims; hand hole
covers; base plates that connect to either the shaft or the arms;
mast arm clamps; mast arm tie rods; transformer base boxes; formed
full base covers that hide anchor bolts; step lugs; internal cable
guides; lighting cross arms; lighting service platforms; angles that
do not exceed 8'' x 8'' x 0.75''; stainless steel hand hole door
hinges and wind restraints; steel brackets, steel flanges, and steel
caps; safety climbing cables; ladders; and steel templates.
Communication Poles, or segments of such poles, that
meet (1) Telecommunications Industry Association (TIA) ANSI/TIA-222
Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures, or (2) American Association of State Highway and
Transportation Officials (AASHTO)--Specifications for Structural
Supports for Highway Signs, Luminaires, and Traffic Signals. The
exclusion for communication poles also encompasses the following
components thereof: Luminaire arms; hand hole rims; hand hole
covers; base plate that connects the pole to the foundation or arm
to the pole; safety climbing cables; ladders; service ground
platforms; step lugs; pole steps; steel brackets, steel flanges, and
steel caps; angles that do not exceed 8'' x 8'' x 0.75'', coax, and
safety brackets; subcomponent kits for antenna mounts weighing 80
lbs. or less; service platforms; ice bridges; stainless steel hand
hole door hinges and wind restraints; and steel templates.
OEM Round or Polygonal Tapered Steel Poles, segments or
shaft components of such poles, that meet the (1) ASCE 48 or AASHTO,
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E-204, or (5)
RUS bulletin 1724E-214. The exclusion for OEM round or polygonal
tapered steel poles also encompasses the following components
thereof: Subcomponent kits for antenna mounts weighing 80 lbs. or
less; mounts and platforms; steel brackets, steel flanges, and steel
caps; angles that do not exceed 8'' x 8'' x 0.75''; bridge kits;
safety climbing cables; ladders; and steel templates.
The inclusion or attachment of one or more of the above-
referenced steel poles in a structure containing fabricated
structural steel (FSS) does not remove the FSS from the scope of the
investigation. No language included in this exclusion should be read
or understood to have applicability to any other aspect of this
scope or to have applicability to or to exclude any product, part,
or component other than those specifically identified in the
exclusion.
9. Also excluded from the scope of the investigation are
Shuttering, Formworks, Propping and Shoring and parts and
accessories thereof that comply with ANSI/ASSE A10.9--Safety
Requirements for Concrete and Masonry Work and ACI-347--Recommended
Practice for Concrete Formwork. For Shoring and propping made from
tube, the outside diameter of the tubing covered by this exclusion
ranges from 48mm to 250mm. For Shuttering and Formworks, the panel
sizes covered by this exclusion range from 25mm X 600mm to 3000mm X
3000mm.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and
7308.90.9590.
The products subject to the investigation may also enter under
the following HTSUS subheadings: 7216.91.0010, 7216.91.0090,
7216.99.0010, 7216.99.0090, 7222.40.6000, 7228.70.6000,
7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000,
7308.90.9530, and 9406.90.0030.
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The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of the Final Determination
V. Scope Comments
VI. Scope of the Investigation
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Date of Sale
X. Universe of Sales Examined
XI. Product Comparisons
XII. Export Price/Constructed Export Price
XIII. Normal Value/Constructed Value
XIV. Currency Conversion
XV. Recommendation
[FR Doc. 2019-19511 Filed 9-9-19; 8:45 am]
BILLING CODE 3510-DS-P