[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5373-5376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01718]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-864]


Certain Fabricated Structural Steel From Canada: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that certain 
fabricated structural steel (fabricated structural steel) from Canada 
is being, or is 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. The final dumping margins of sales at LTFV 
are listed below in the ``Final Determination'' section of this notice.

DATES: Applicable January 30, 2020.

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

    On September 10, 2019, Commerce published the Preliminary 
Determination of sales at LTFV of fabricated structural steel from 
Canada, in which we also postponed the final determination to January 
23, 2020.\1\ The petitioner in this investigation is the American 
Institute of Steel Construction Full Member Subgroup. The mandatory 
respondents in this investigation are Les Constructions Beauce-Atlas, 
Inc. (Beauce-Atlas) and Canatal Industries, Inc. (Canatal).
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    \1\ See Certain Fabricated Structural Steel from Canada: 
Preliminary Negative Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 84 FR 47481 (September 10, 
2019) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, are discussed in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\ The Issues and 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 it is available to all parties in the Central Records Unit, room 
B8024 of the main Commerce building. In addition, a complete version of 
the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Fabricated Structural Steel from Canada,'' 
dated concurrently with this notice (Issues and 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 the 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce addressed these comments in the 
Preliminary Determination, wherein Commerce preliminarily modified the 
scope language.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ 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).
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    In addition, certain interested parties commented on Commerce's 
preliminary scope decisions. For a summary of the product coverage 
comments and rebuttal comments submitted to the record for this final 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Final Scope Decision Memorandum.\5\ Based on 
the comments received, Commerce is modifying the scope language as it 
appeared in the Preliminary Determination. See the revised scope in 
Appendix I to this notice.
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    \5\ See Memorandum, ``Fabricated Structural Steel from Canada, 
Mexico, and the People's Republic of China: Final Scope Decision 
Memorandum,'' dated concurrently with, and hereby adopted by, this 
notice (Final Scope Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues

[[Page 5374]]

and Decision Memorandum. A list of the issues raised is attached to 
this notice as Appendix II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in September and October 2019, we conducted verifications of 
the sales and cost information submitted by Beauce-Atlas and Canatal 
for use in our final determination. We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by Beauce-
Atlas and Canatal.\6\
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    \6\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Responses of Les Constructions Beauce-Atlas,'' dated October 18, 
2019; Memorandum, ``Verification of the Sales Responses of Canatal 
Industries, Inc.,'' dated October 22, 2019; Memorandum, 
``Verification of Canatal Steel USA Inc.,'' dated November 4, 2019; 
Memorandum, ``Verification of the Cost Response of Industries 
Canatal, Inc. in the Antidumping Duty Investigation of Fabricated 
Structural Steel from Canada,'' dated November 5, 2019; and 
Memorandum, ``Verification of the Cost Response of Les Constructions 
Beauce-Atlas, Inc. in the Antidumping Duty Investigation of 
Fabricated Structural Steel from Canada,'' dated November 5, 2019.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Beauce-Atlas and Canatal. For a discussion of these changes, see the 
Issues and Decision Memorandum and the Final Calculation Memoranda.\7\
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    \7\ See Memoranda, ``Final Determination Margin Calculation for 
Beauce-Atlas;'' ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Determination--Beauce-Atlas;'' 
``Final Determination Margin Calculation for Canatal;'' and ``Cost 
of Production and Constructed Value Calculation Adjustments for the 
Final Determination--Industries Canatal Inc.,'' dated concurrently 
with this notice (collectively Final Calculation Memoranda).
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    In addition, we revised the margin calculation for Canatal to 
reflect the application of partial facts available with an adverse 
inference pursuant to section 776 of the Act. For a discussion of this 
change, see Comment 11 of the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Beauce-Atlas is the only respondent for which Commerce 
calculated an estimated weighted-average dumping margin that is not 
zero, de minimis, or based entirely on facts otherwise available. 
Therefore, for purposes of determining the all-others rate, pursuant to 
section 735(c)(5)(A) of the Act, we are using the estimated weighted-
average dumping margin calculated for Beauce-Atlas, as referenced in 
the ``Final Determination'' section below.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                             Estimated
                                             weighted-
                                              average      Cash deposit
          Exporter/manufacturer               dumping         rate 8
                                              margin
                                             (percent)
------------------------------------------------------------------------
Les Constructions Beauce-Atlas, Inc.....            6.70            6.70
Canatal Industries, Inc.................            0.00            0.00
All-Others..............................            6.70            6.70
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this final determination within five days of the date 
of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
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    \8\ Because Commerce is making a negative determination in the 
companion CVD investigation of fabricated structural steel from 
Canada, we are not adjusting the cash deposit rate for export 
subsidies. See section 772(c)(1)(C) of the Act.
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) and (C) of the Act, 
Commerce will instruct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of all appropriate entries of fabricated structural 
steel from Canada, as described in Appendix I of this notice, which 
were entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register, other 
than entries of fabricated structural steel produced and exported by 
Canatal, because its rate is zero.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct 
CBP to require a cash deposit for such entries of merchandise equal to 
the estimated weighted-average dumping margin as follows: (1) The cash 
deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(3) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of fabricated structural steel from Canada no later 
than 75 days after our final determination. If the ITC determines that 
material injury or threat of material injury does not exist, this 
proceeding will be terminated and all cash deposits will be refunded. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping

[[Page 5375]]

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, as discussed above in the ``Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: January 23, 2020.
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 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;

[[Page 5376]]

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 does not remove the fabricated structural steel 
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.
    10. Also excluded from the scope of the investigation are 
consumer items for do-it-yourself assembly that are prepackaged for 
retail sale. For the purposes of this exclusion, prepackaged for 
retail sale means that, at the time of importation, all components 
necessary to assemble the merchandise, including all steel 
components, all accessory parts (e.g., screws, bolts, washers, 
nails), and instructions providing guidance on the assembly of the 
finished merchandise or directions on where to find such 
instructions, are enclosed in retail packaging, such that an end-
use, retail consumer could assemble the completed product with no 
additional components. The items may enter the United States in one 
or in multiple retail packages as long as all of the components are 
imported together.
    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.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Analysis of Comments
    General
    Comment 1: Whether There Was Sufficient Industry Support To 
Initiate This Investigation
    Comment 2: Calculation of U.S. Price
    Comment 3: Revisions to the Fabricated Structural Steel Ratio
    Comment 4: Whether To Deduct Use Taxes From U.S. Price
    Beauce-Atlas
    Comment 5: Beauce-Atlas' Reporting of the Substantial Completion 
Date for Certain Projects
    Comment 6: Collapsing Beauce-Atlas' Affiliate, Les Dessins de 
Structures Steltec
    Comment 7: Whether Commerce Double Counted a Billing Adjustment 
in the Preliminary Determination
    Comment 8: Adjusting Revenue for One Home Market Project With a 
Delayed Payment
    Comment 9: Calculating General and Administrative Expenses and 
Interest Expenses Based on the Revised Cost of Manufacturing
    Canatal
    Comment 10: Treatment of All of Canatal's U.S. Sales as 
Constructed Export Price Sales
    Comment 11: Canatal's Further Manufacturing Costs for a 
Constructed Export Price Sale
    Comment 12: Whether One U.S. Project is In-Scope Merchandise
    Comment 13: Revisions to Canatal's Data Based on Commerce's 
Verification Findings
    Comment 14: Calculation of Constructed Value Selling Expenses 
and Profit
VII. Recommendation

[FR Doc. 2020-01718 Filed 1-29-20; 8:45 am]
 BILLING CODE 3510-DS-P